2017 -- S 0778

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LC002447

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO CRIMINAL OFFENSES-ASSAULTS

     Introduced By: Senators Goodwin, and Metts

     Date Introduced: April 12, 2017

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 11-5 of the General Laws entitled "Assaults" is hereby amended by

adding thereto the following section:

     11-5-18. Assaults on dwarfs or little people.

     (a) Definitions. As used in this chapter:

     (1) "Disproportionate dwarf" means any person who has one or more body parts being

relatively large or small in comparison to those of an average sized adult.

     (2) "Dwarf" or "little person" means any individual who is short in stature resulting from

a medical condition caused by slow growth and who is less than four feet ten inches (4' 10") in

height. "Dwarf" does not include any person who is short in stature, but whose height is inherited

and not a result of a medical condition.

     (3) "Proportionate dwarf" means any person who has a body that appears normally

proportioned but is unusually small.

     (4) "Serious bodily injury" means physical injury that:

     (i) Creates a substantial risk of death and/or serious disfigurement;

     (ii) Causes protracted loss or impairment of the function of any body part, member or

organ; or

     (iii) Causes serious permanent disfigurement.

     (b) Any person who shall knowingly and willfully commit an assault or battery, or both,

upon a dwarf, a disproportionate dwarf or a proportionate dwarf, resulting in bodily injury, shall

be deemed to have committed a felony and shall be imprisoned up to three (3) years or be fined

not exceeding one thousand five hundred dollars ($1,500), or both.

     (c) Any person who shall knowingly and willfully commit an assault or battery, or both,

upon a dwarf, a disproportionate dwarf or a proportionate dwarf, resulting in serious bodily

injury, shall be deemed to have committed a felony and shall be imprisoned up to twenty (20)

years or be fined not exceeding five thousand dollars ($5,000), or both.

     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-ASSAULTS

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     This act would make an assault or battery upon a dwarf resulting in bodily injury a felony

and would be punishable by up to three (3) years imprisonment and an assault resulting in serious

bodily injury punishable by up to twenty (20) years imprisonment.

     This act would take effect upon passage.

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