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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 -- DISORDERLY CONDUCT

     

     Introduced By: Senators Metts, Lombardi, Quezada, Satchell, and Goldin

     Date Introduced: February 15, 2018

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 11-45-1 of the General Laws in Chapter 11-45 entitled "Disorderly

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Conduct" is hereby amended to read as follows:

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     11-45-1. Disorderly conduct.

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     (a) A person commits disorderly conduct if he or she intentionally, knowingly, or

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recklessly:

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     (1) Engages in fighting or threatening, or in violent or tumultuous behavior;

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     (2) In a public place or near a private residence that he or she has no right to occupy,

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disturbs another person by making loud and unreasonable noise which under the circumstances

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would disturb a person of average sensibilities;

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     (3) Directs at another person in a public place offensive words which are likely to

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provoke a violent reaction on the part of the average person so addressed;

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     (4) Alone or with others, obstructs a highway, street, sidewalk, railway, waterway,

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building entrance, elevator, aisle, stairway, or hallway to which the public or a substantial group

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of the public has access or any other place ordinarily used for the passage of persons, vehicles, or

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conveyances;

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     (5) Engages in conduct which obstructs or interferes physically with a lawful meeting,

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procession, or gathering;

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     (6) Enters upon the property of another and for a lascivious purpose looks into an

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occupied dwelling or other building on the property through a window or other opening; or

 

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     (7) Who without the knowledge or consent of the individual, looks for a lascivious

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purpose through a window, or any other opening into an area in which another would have a

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reasonable expectation of privacy, including, but not limited to, a restroom, locker room, shower,

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changing room, dressing room, bedroom, or any other such private area, not withstanding any

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property rights the individual may have in the location in which the private area is located.

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     (8) [Deleted by P.L. 2008, ch. 183, § 1].

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     (b) Any person, including a police officer, may be a complainant for the purposes of

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instituting action for any violation of this section.

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     (c) Any person found guilty of the crime of disorderly conduct, pursuant to subsections

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(a)(6) or (a)(7) of this section or, any other subsection when the provisions of the domestic

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violence prevention act, chapter 29 of title 12 are applicable, shall be imprisoned for a term of not

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more than six (6) months, or fined not more than five hundred dollars ($500), or both. Any person

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found guilty of the crime of disorderly conduct pursuant to subsections (a)(1) through (a)(5) of

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this section shall be fined no more than five hundred dollars ($500).

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     (d) In no event shall subdivisions (a)(2) -- (5) of this section be construed to prevent

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lawful picketing or lawful demonstrations including, but not limited to, those relating to a labor

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dispute.

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     SECTION 2. Section 11-44-26 of the General Laws in Chapter 11-44 entitled "Trespass

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and Vandalism" is hereby amended to read as follows:

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

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tenants holding over.

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     (a) Every person who willfully trespasses or, having no legitimate purpose for his or her

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presence, remains upon the land of another or upon the premises or curtilage of the domicile of

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any person legally entitled to the possession of that domicile, after having been forbidden to do so

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by the owner of the land or the owner's duly authorized agent or a person legally entitled to the

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possession of the premises, shall be punished for a first or second conviction by a fine not

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

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exceeding one thousand dollars ($1,000), or imprisonment for a term not exceeding one year, or

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both.

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

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

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

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

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

 

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

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provided in § 12-29-5.

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     SECTION 3. Section 11-41-20 of the General Laws in Chapter 11-41 entitled "Theft,

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Embezzlement, False Pretenses, and Misappropriation" is hereby amended to read as follows:

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     11-41-20. Shoplifting.

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     (a) For the purpose of this section:

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     (1) "Conceal" means to place merchandise in such a manner that it is not visible through

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ordinary observation.

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     (2) "Full retail value" means the merchant's stated price of the merchandise.

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     (3) "Merchandise" means any items of tangible personal property offered for sale within a

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retail mercantile establishment.

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     (4) "Merchant" means an owner or operator of any retail mercantile establishment or any

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agent, employee, lessee, officer, or director of the owner or operator.

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     (5) "Premises of a retail mercantile establishment" includes the retail mercantile

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establishment, and common use areas in shopping centers, and all parking areas set aside by a

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merchant or on behalf of a merchant for the parking of vehicles for the convenience of the patrons

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of the retail mercantile establishment.

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     (6) "Retail mercantile establishment" means any place where merchandise is displayed,

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held, stored or offered for sale to the public.

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     (7) "Shopping cart" means those push carts of the type or types which are commonly

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provided by grocery stores, drug stores, or other retail mercantile establishments for the use of the

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public in transporting commodities on or from the premises of the retail mercantile establishment.

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     (b) Whoever shall engage in the following shall be guilty of the crime of shoplifting:

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     (1) Take possession of, carry away, transfer or cause to be carried away or transferred

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any merchandise displayed, held, stored, or offered for sale by a retail mercantile establishment

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with the intention of depriving the merchant of all or any part of the full retail value of the

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merchandise;

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     (2) Alter, transfer, or remove a label, price tag, marking, indicia of value or any other

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markings which aid in determining value affixed to any merchandise displayed, held, stored or

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offered for sale in a retail mercantile establishment and attempt to purchase or purchase the

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merchandise personally or in consort with another at less than the full retail value with the

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intention of depriving the merchant of all or any part of the full retail value of such merchandise;

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     (3) Transfer any merchandise displayed, held, stored or offered for sale in a retail

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mercantile establishment from one container to another in an attempt to purchase or purchase the

 

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merchandise personally or in consort with another at less than the full retail value with the

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intention of depriving the merchant of all or any part of the full retail value of the merchandise; or

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     (4) Remove a shopping cart from the premises of a retail mercantile establishment

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without the consent of the merchant given at the time of the removal with the intention of

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depriving the merchant of the possession, use, or benefit of the cart.

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     (c) The fact that a person conceals upon his person, among his or her belongings, or upon

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the person or among the belongings of another merchandise displayed, held, stored or offered for

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sale in a retail mercantile establishment, for which he or she has not paid the full retail value, and

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the merchandise has been taken beyond the area within the retail mercantile establishment where

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payment for it is to be made, shall be prima facie evidence that the person has possessed, carried

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away, or transferred the merchandise with the intention of depriving the merchant of all or part of

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the full retail value of the merchandise without paying the full retail value of the merchandise.

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     (d) Any person convicted of the crime of shoplifting, first offense, shall be guilty of a

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misdemeanor violation and shall be punished by a fine of not less than fifty dollars ($50.00) or

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two times the full retail value of the merchandise, whichever is greater, but not more than five

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hundred dollars ($500), or by imprisonment for not more than one year, or both; provided, that

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any person convicted of the crime of shoplifting, second offense, shall be guilty of a

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misdemeanor and shall be punished by a fine of not less than one hundred dollars ($100) or two

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(2) times the retail value of the merchandise, whichever is greater, but not more than one

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thousand dollars ($1000); provided, further, that any person convicted of the crime of shoplifting

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merchandise with a retail value of over one hundred dollars ($100) who has previously been

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convicted of shoplifting shall be guilty of a felony and shall be punished by a fine of not more

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than five thousand dollars ($5,000), or by imprisonment of not more than five (5) years, or both.

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     (e) Any person convicted of a crime of shoplifting, first offense, in instances of property

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loss by the victim, said person shall be subject to the payment of restitution. Restitution shall be

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collected and distributed by an authorized supervisory authority.

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     SECTION 4. Section 12-7-3 of the General Laws in Chapter 12-7 entitled "Arrest" is

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hereby amended to read as follows:

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     12-7-3. Arrest without warrant for misdemeanor or petty misdemeanor.

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     A peace officer may, without a warrant, arrest a person if the officer has reasonable cause

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to believe that the person is committing or has committed a misdemeanor or a petty misdemeanor,

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and the officer has reasonable ground to believe that person cannot be arrested later or may cause

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injury to himself or herself or others or loss or damage to property unless immediately arrested. A

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police officer may arrest an individual charged with any violation of §§ 11-45-1 and 11-44-26.

 

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     SECTION 5. 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 -- DISORDERLY CONDUCT

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     This act would amend the penalty provisions for disorderly conduct that provide the

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possibility of incarceration, with certain exceptions, and make the offense punishable by a fine of

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up to five hundred dollars ($500). It would also amend the penalty provisions for willful trespass

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and would make a first or second offense punishable by a fine not exceeding five hundred dollars

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($500). This act would also amend the penalty provisions for shoplifting and would make a first

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or second offense a civil violation punishable by fines only.

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     This act would take effect upon passage.

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