2016 -- S 2884

========

LC003456

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

____________

A N   A C T

RELATING TO CRIMINAL OFFENSES -- WILLFUL TRESPASS

     

     Introduced By: Senator Harold M. Metts

     Date Introduced: March 31, 2016

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

1

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

2

and Vandalism" is hereby amended to read as follows:

3

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

4

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

5

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

6

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

7

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

8

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

9

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

10

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

11

for a term not exceeding one year, or both.

12

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

13

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

14

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

15

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

16

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

17

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

18

provided in ยง 12-29-5.

 

1

     SECTION 2. This act shall take effect upon passage.

========

LC003456

========

 

LC003456 - Page 2 of 3

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES -- WILLFUL TRESPASS

***

1

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

2

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

3

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

4

     This act would take effect upon passage.

========

LC003456

========

 

LC003456 - Page 3 of 3