2015 -- S 0803

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LC000767

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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 -- WILLFUL TRESPASS

     Introduced By: Senators Metts, and McCaffrey

     Date Introduced: April 07, 2015

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 11-44-26 of the General Laws in Chapter 11-44 entitled "Trespass

and Vandalism" is hereby amended to read as follows:

     11-44-26. Willful trespass -- Remaining on land after warning -- Exemption for

tenants holding over. -- (a) Every person who willfully trespasses or, having no legitimate

purpose for his or her presence, remains upon the land of another or upon the premises or

curtilage of the domicile of any person legally entitled to the possession of that domicile, after

having been forbidden to do so by the owner of the land or the owner's duly authorized agent or a

person legally entitled to the possession of the premises, shall for a first or second conviction be

punished by a fine not exceeding five hundred dollars ($500) and for a third or subsequent

conviction by a fine not exceeding one thousand dollars ($1,000), or imprisonment for a term not

exceeding one year, or both.

      (b) This section shall not apply to tenants or occupants of residential premises who,

having rightfully entered the premises at the commencement of the tenancy or occupancy, remain

after that tenancy or occupancy has been or is alleged to have been terminated. The owner or

landlord of the premises may recover possession only through appropriate civil proceedings.

      (c) Where the provisions of The Domestic Violence Prevention Act, chapter 29 of title

12, are applicable, the penalties for violation of this section shall also include the penalties as

provided in § 12-29-5.

     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 -- WILLFUL TRESPASS

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     This act would amend the penalty provision for the crime of willful trespass and would

provide for a fine not exceeding five hundred dollars ($500) for a first or second conviction and

by a fine not exceeding one thousand dollars ($1,000) for a third or subsequent conviction.

     This act would take effect upon passage.

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