2017 -- H 5258

========

LC000511

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

____________

A N   A C T

RELATING TO CRIMINAL OFFENSES - HIGHWAYS - LOITERING

     Introduced By: Representatives Nardolillo, Canario, Quattrocchi, Price, and Lima

     Date Introduced: January 27, 2017

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 11-22 of the General Laws entitled "Highways" is hereby amended

by adding thereto the following section:

     11-22-17. Loitering in the public highway.

     (a) No person shall stand in a public highway, whether in the traveled way or on a median

strip, for the purposes of loitering or otherwise when the public highway or median strip, by

virtue of its configuration may not safely be used as a public forum and has been designated as

such and indicated by reasonable signage that the public highway or median strip is unsafe for use

as a public forum. Provided, however that standing in any area designated as unsafe for use as a

public forum pursuant to this subsection shall be permitted for the purpose of lawfully crossing

the public highway or for attending to an accident or other emergency.

     (b) For purposes of this section the director of the department of transportation shall

designate a public highway or median strip as an unsafe location for a public forum after

considering among other factors, the following information:

     (1) Information and/or data contained in the most recent state of Rhode Island highway

safety plan prepared by the Rhode Island department of transportation;

     (2) Information and/or data submitted by the Rhode Island cities and towns to the director

of the department of transportation indicating that a particular public highway or median strip is

unsafe as a public forum. Data contained in this subdivision shall contain local police accident

records and or incident reports detailing the number of accidents and/or incidents and the nature

of the danger present at the public highway or median strip.

     (3) Records indicating that the public highway or median strip has not been used as a

public forum in the past.

     (c) Any person violating this section shall be guilty of a misdemeanor and shall be fined

not less than one hundred dollars ($100) nor more than five hundred dollars ($500). Any violation

shall be heard by the traffic tribunal in accordance with chapter 41.1 of title 31.

     SECTION 2. This act shall take effect upon passage.

========

LC000511

========

LC000511 - Page 2 of 3

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES - HIGHWAYS - LOITERING

***

     This act would make loitering in a public highway or on certain median strips a

misdemeanor subject to a fine not less than one hundred dollars ($100) nor more than five

hundred dollars ($500).

     This act would take effect upon passage.

========

LC000511

========

LC000511 - Page 3 of 3