2015 -- H 5366

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LC000824

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO CRIMINAL OFFENSES

     Introduced By: Representatives Amore, Casey, Corvese, Giarrusso, and Melo

     Date Introduced: February 11, 2015

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 11-36-10 and 11-36-12 of the General Laws in Chapter 11-36

entitled "Railroads and Carriers" are hereby amended to read as follows:

     11-36-10. Evasion of payment of fare. -- Every person who shall fraudulently evade or

attempt to evade the payment of any fare, rate or toll lawfully established by any railroad

company, or a street railway company, or a toll bridge company, or by the owners or charterers of

any steamboat or ferryboat, or by any steamship company, or by any owner or operator of a

motor bus holding a certificate from the public utility commission, or by the Rhode Island public

transit authority, either by giving a false answer to the collector of the fare, rate, or toll, or by

presenting for his or her fare, rate, or toll a ticket good only for the transportation of another

person, or by traveling beyond the point to which he or she may have paid his or her fare, rate, or

toll, or by leaving the train, car, bridge, steamboat, ferryboat, or steamship without having paid

the fair, rate, or toll established for the distance traveled, or otherwise, shall be fined twenty

dollars ($20.00) one hundred dollars ($100) for each offense.

     11-36-12. Profiteering on tickets. -- Profiteering on tickets or passes. -- (a) No person

shall resell or offer for resale a ticket, or tickets, or passes for passage of a person on a common

carrier at an increase in price in excess of one dollar ($1.00) over the established rate for the

passage and, whenever the resale is completed, the seller shall give to the purchaser a receipt

indicating the amount paid for the ticket or tickets.

     (b) No person who received a ticket or pass for transportation upon a common carrier for

free or at a reduced price due to their participation in a state or federal program shall sell or

otherwise transfer, with or without consideration, to another the ticket or pass intended for their

use.

     (c) Any person found guilty of violating the provisions of this section shall be fined not

more than five hundred dollars ($500) or imprisoned for more than six (6) months, or both.

     SECTION 2. Section 11-41-4 of the General Laws in Chapter 11-41 entitled "Theft,

Embezzlement, False Pretenses, and Misappropriation" is hereby amended to read as follows:

     11-41-4. Obtaining property by false pretenses or personation. -- Every person who

shall obtain from another designedly, by any false pretense or pretenses, any money, services,

goods, wares, or other property, with intent to cheat or defraud, and every person who shall

personate another or who shall falsely represent himself or herself to be the agent or servant of

another and shall receive any money or other property intended to be delivered to the person so

personated, or to the alleged principal or master of that agent or servant, shall be deemed guilty of

larceny.

     SECTION 3. Chapter 11-36 of the General Laws entitled "Railroads and Carriers" is

hereby amended by adding thereto the following sections:

     11-36-10.1. Evasion of payment of fare by fraud or deceit. -- (a) Every person who

shall fraudulently evade or attempt to evade the payment of any fare, rate or toll lawfully

established by any railroad company, or a street railway company, or a toll bridge company, or by

the owners or charterers of any steamboat or ferryboat, or by any steamship company, or by any

owner or operator of a motor bus holding a certificate from the public utility commission, or by

the Rhode Island public transit authority, by presenting for his or her fare, rate, or toll a ticket

good only for the transportation of another person, or by utilizing a transponder or other device

intended to be used for payment for which they have no right to possess shall be fined not more

than five hundred dollars ($500) or imprisoned for more than six (6) months, or both.

     (b) A person convicted of and/or pleading nolo contendere to three (3) or more instances

of evading payment to the Rhode Island public transit authority or another carrier pursuant to the

provisions of §§ 11-36-10 and/or 11-36-10.1 may have their privilege to use the services of the

Rhode Island public transit authority or other carrier revoked.

     11-36-10.2. Possession, sale, distribution, and advertising of transit passes. -- Any

person who willfully and knowingly possesses, sells, distributes, or places in any publication any

advertisement of a transit pass not intended for resale or transfer to another person, shall be fined

not more than five hundred dollars ($500) or imprisoned for not more than six (6) months, or

both.

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     SECTION 4. Chapter 11-44 of the General Laws entitled "Trespass and Vandalism" is

hereby amended by adding thereto the following section:

     11-44-33. Trespass upon premises of a public carrier. -- (a) Every person who

willfully trespasses and remains upon the land, premises or other property owned or operated by a

public carrier who has had their privilege to ride upon that carrier revoked by the court pursuant

to the provisions of § 11-36-10.1(b) or by the person having control over the property, shall be

punished by a fine not exceeding five hundred dollars ($500).

     (b) "Property" as used in this section includes any vehicle used, operated or licensed

under agreement with another party for the purpose of transporting persons within the state.

     SECTION 5. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES

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     This act would strengthen the criminal laws addressing persons who seek to avoid the

proper payment of fares for mass transit.

     This act would take effect upon passage.

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