2018 -- S 2096

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LC003592

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO CRIMINAL OFFENSES-ASSAULTS

     

     Introduced By: Senators Ciccone, Goodwin, Felag, and McCaffrey

     Date Introduced: January 18, 2018

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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

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hereby amended to read as follows:

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     11-5-5. Assault of police officers and other officials.

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     Any person who shall make an assault or battery, or both, by knowingly and willfully

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either (1) striking, or (2) spraying with a noxious chemical, commonly used as a personal defense

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weapon, including Mace and an oleoresin capsicum product or like products, a uniformed

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member of the state police or metropolitan park police, environmental police officer, state

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properties patrol officer, probation and parole officers, state government case worker or

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investigator, judge of the supreme, superior, family, district court, traffic tribunal or municipal

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court, deputy sheriff, city or town police officer or firefighter, member of the capitol police,

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member of campus security force of state colleges and universities, member of the Rhode Island

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airport police department, member of the Rhode Island fugitive task force, Rhode Island public

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transit authority bus driver, or on-duty plainclothes member of the town, city, or state police

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force, investigator of the department of the attorney general appointed pursuant to ยง 42-9-8.1, or

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member of the railroad police after proper identification is displayed, or uniformed dog officer, or

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out-of-state police officer called into Rhode Island under a cooperative agreement to provide

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mutual aid at the request of the state of Rhode Island pursuant to chapter 37 of title 42, or

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assistant attorney general or special assistant attorney general, or employees of the department of

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environmental management responsible for administrative inspections or any constable

 

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authorized by chapter 45-16 of the Rhode Island general law causing bodily injury while the

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officer or official is engaged in the performance of his or her duty, shall be deemed to have

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committed a felony, and shall be imprisoned not less than one year, and not exceeding three (3)

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years, or fined not exceeding fifteen hundred dollars ($1,500), or both.

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     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 provide that assaults on police officers and other officials be punished by

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no less than one year but no more than three years' incarceration.

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     This act would take effect upon passage.

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