2016 -- H 7092

========

LC003315

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

____________

A N   A C T

RELATING TO CRIMINAL OFFENSES - ASSAULT OF POLICE OFFICERS AND OTHER

OFFICIALS

     

     Introduced By: Representatives Shekarchi, Solomon, Morgan, Johnston, and Coughlin

     Date Introduced: January 08, 2016

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

1

     SECTION 1. Section 11-5-5 of the General Laws in Chapter 11-5 entitled "Assaults" is

2

hereby amended to read as follows:

3

     11-5-5. Assault of police officers and other officials. -- Any person who shall make an

4

assault or battery, or both, by knowingly and willfully either (1) striking, or (2) spraying with a

5

noxious chemical, commonly used as a personal defense weapon, including Mace and an

6

oleoresin capsicum product or like products, a uniformed member of the state police or

7

metropolitan park police, environmental police officer, state properties patrol officer, probation

8

and parole officers, state government case worker or investigator, judge of the supreme, superior,

9

family, district court, traffic tribunal or municipal court, deputy sheriff, city or town police officer

10

or firefighter, member of the capitol police, member of campus security force of state colleges

11

and universities, member of the Rhode Island airport police department, member of the Rhode

12

Island fugitive task force, Rhode Island public transit authority bus driver, or on-duty plainclothes

13

member of the town, city, or state police force, investigator of the department of the attorney

14

general appointed pursuant to ยง 42-9-8.1, or member of the railroad police after proper

15

identification is displayed, or uniformed dog officer, or out-of-state police officer called into

16

Rhode Island under a cooperative agreement to provide mutual aid at the request of the state of

17

Rhode Island pursuant to chapter 37 of title 42, or assistant attorney general or special assistant

18

attorney general, or employees of the department of environmental management responsible for

 

1

administrative inspections or any constable authorized by chapter 45-16 of the Rhode Island

2

general law causing bodily injury while the officer or official is engaged in the performance of his

3

or her duty, shall be deemed to have committed a felony, and shall be imprisoned not exceeding

4

three (3) six (6) years, or fined not exceeding fifteen hundred dollars ($1,500) three thousand

5

dollars ($3,000), or both.

6

     SECTION 2. This act shall take effect upon passage.

========

LC003315

========

 

LC003315 - Page 2 of 3

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES - ASSAULT OF POLICE OFFICERS AND OTHER

OFFICIALS

***

1

     This act would raise the maximum penalties for the crime of assault of police officers and

2

other officials from three (3) to six (6) years imprisonment and from one thousand five hundred

3

dollars ($1,500) to three thousand dollars ($3,000).

4

     This act would take effect upon passage.

========

LC003315

========

 

LC003315 - Page 3 of 3