2015 -- S 0627

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LC001284

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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 -- THREATS AND EXTORTION

     Introduced By: Senators Lynch, Nesselbush, Lombardi, Archambault, and Conley

     Date Introduced: March 05, 2015

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 11-42-4 of the General Laws in Chapter 11-42 entitled "Threats and

Extortion" is hereby amended to read as follows:

     11-42-4. Threats to public officials. -- (a) Whoever knowingly and willfully delivers or

conveys, directly or indirectly, a verbal or written threat to take the life of, or to inflict bodily

harm upon, a public official or a member of his or her immediate family because of the

performance or nonperformance of some public duty, because of hostility of the person making

the threat toward the status or position of the public official, or because of some other factor

related to the official's public existence, shall be guilty of a felony and shall be imprisoned for not

more than five (5) years, or fined not more than five thousand dollars ($5,000), or both.

      (b) For purposes of this section:

      (1) "Public official" means a person who is elected or appointed to office in accordance

with the constitution, a statute, or a city or town charter, or who is a judge, magistrate, assistant

attorney general, special assistant attorney general, or law enforcement officer, or in the case of

an elective office any person who has filed the required documents for nomination or election to

that office or who is appointed by the governor to serve as the director or his or her designee of a

state department which is established, and the qualifications and duties of which are prescribed by

statute to discharge a public duty for the state of Rhode Island;

      (2) "Immediate family" means a public official's spouse, child, or children.

     SECTION 2. 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 -- THREATS AND EXTORTION

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     This act would add court magistrates to the list of covered public officials that are

protected from felonious threats.

     This act would take effect upon passage.

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LC001284

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