2016 -- H 7420

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LC004002

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO CRIMINAL OFFENSES -- PUBLIC UTILITIES

     Introduced By: Representatives Fogarty, Amore, Melo, Craven, and Blazejewski

     Date Introduced: January 29, 2016

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 11-35-4 of the General Laws in Chapter 11-35 entitled "Public

Utilities" is hereby amended to read as follows:

     11-35-4. Injuries to electric or communication lines. -- (a) Every person who shall

wantonly or willfully and maliciously cut, destroy, break down, or injure, or attempt to cut,

destroy, break down, or injure any machine, appliance, or apparatus used for generating electric

currents or any electric wire or other appliance or apparatus used for the purpose of conducting or

transmitting electric currents for using and furnishing power, motive power, light, or heat, or used

for the purpose of transmitting intelligence by means of telegraphic or telephonic apparatus or

cellular tower or radio waves or by means of fire-alarm signals, burglar-alarm signals, police

signals, railway signals, or other apparatus or appliance for the transmission of intelligence, or

shall cut, destroy, break down, or injure or shall attempt to cut, destroy, break down, or injure any

pole, bracket, insulator or other device, apparatus, or appliance for supporting or carrying any

electric wire, or shall do any other act interrupting or intended to interrupt the transmission of the

electric current over any electric wire through the manual or electronic operation of a switching

mechanism or by other means, shall be liable to indictment for it, and upon conviction shall be

required to make restitution, and fined not exceeding three thousand dollars ($3,000) fifty

thousand dollars ($50,000) or imprisoned not exceeding two (2) years ten (10) years, or both;

provided, that nothing in this section shall be construed to authorize or permit the attachment,

erection, use, operation, or maintenance of any electric wire, apparatus, pole, bracket, insulator,

or other device or appliance, upon the property of any person or corporation, without the consent

of the owner or owners; nor to prevent any properly authorized person from removing any

electric wire, apparatus, pole, bracket, insulator, or other device or appliance for the purpose of

permitting the passage of any building or structure, the moving of which has been duly authorized

by any city or town council.

     (b) Restitution, in addition to the cost for restoring operations, shall be owed to any third

party who suffered economic harm as a result of the injuries to the electric and communication

lines as provided for in this section.

     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 -- PUBLIC UTILITIES

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     This act would criminalize injuries to cell/radio towers and increase penalties for injury

to electric and communication lines from three thousand dollars ($3,000) to fifty thousand dollars

($50,000); imprisonment from two (2) years to ten (10) years, or both and require restitution for

economic harm.

     This act would take effect upon passage.

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