2018 -- S 2705

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LC005107

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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 - THEFT, EMBEZZLEMENT, FALSE PRETENSES

AND MISAPPROPRIATIONS

     Introduced By: Senators Coyne, Seveney, DiPalma, Calkin, and Crowley

     Date Introduced: March 20, 2018

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 11-41-5 of the General Laws in Chapter 11-41 entitled "Theft,

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

     11-41-5. Penalties for larceny.

     (a) Any person convicted of any offense under §§ 11-41-1 -- 11-41-6, except § 11-41-3,

shall be punished as follows, according to the value of the property or money stolen, received,

embezzled, fraudulently appropriated, converted, or obtained, received, taken, or secreted by false

pretenses or otherwise with intent to cheat, defraud, embezzle, or fraudulently convert:

     (1) If the value exceeds one thousand five hundred dollars ($1,500), and is less than five

thousand dollars ($5,000), by imprisonment for not more than three (3) years or by a fine of not

more than one thousand five hundred dollars ($1,500), or both;

     (2) If the value exceeds five thousand dollars ($5,000), but is less than ten thousand

dollars ($10,000), by imprisonment for not more than six (6) years or by a fine of not more than

three thousand dollars ($3,000), or both; and

     (3) If the value exceeds ten thousand dollars ($10,000), or if the property is a firearm as

defined in § 11-47-5.1, regardless of its value, the person shall be punished by imprisonment for

not more than ten (10) years or by a fine of not more than five thousand dollars ($5,000), or both.

If the value does not exceed one thousand five hundred dollars ($1,500), the person shall be

punished by imprisonment for not more than one year, or by a fine of not more than five hundred

dollars ($500), or both. Any person convicted of an offense under § 11-41-2 who shall be found

to have knowingly obtained the property from a person under eighteen (18) years of age,

notwithstanding the value of the property or money, shall be punished by imprisonment for not

more than ten (10) years or by a fine of not more than five thousand dollars ($5,000), or both.

     (b) Any person convicted of an offense in violation of §§ 11-41-1 -- 11-41-7, except §

11-41-3, that involves a victim who is a person sixty-five (65) years of age or older at the time of

the offense and which involves property or money stolen, received, embezzled, fraudulently

appropriated, converted, or obtained, received, taken, or secreted by false pretenses or otherwise

with intent to cheat, defraud, embezzle, or fraudulently convert, with a value in excess of five

hundred dollars ($500), shall be punished by imprisonment for not less than two (2) years but not

more than fifteen (15) years or by a fine of not more than five thousand dollars ($5,000), or both.

If the value of the property or money does not exceed five hundred dollars ($500), the person

shall be punished by imprisonment for not less than one year but not more than five (5) years or

by a fine of not more than three thousand dollars ($3,000), or both.

     (c) In addition to the other penalties pursuant to this section, any person convicted of an

offense in violation of §§ 11-41-1 through 11-41-4 where the victim of the theft is a campaign

account created pursuant to title 17 for the benefit of the person so convicted, any restitution shall

be deposited into the general fund and not into the campaign account of that person convicted of

the offense.

     SECTION 2. Section 17-25-13 of the General Laws in Chapter 17-25 entitled "Rhode

Island Campaign Contributions and Expenditures Reporting" is hereby amended to read as

follows:

     17-25-13. Penalties.

     (a) Any person who willfully and knowingly violates the provisions of this chapter shall,

upon conviction, be guilty of a misdemeanor and shall be fined not more than one thousand

dollars ($1,000) per violation.

     (b) The state board may fine any person or entity who violates the provisions of this

chapter in an amount not more than one hundred dollars ($100) per violation.

     (c) Fines, fees and penalties imposed by the state board for violations of this chapter shall

be paid for by the candidate, officeholder or entity against whose campaign the fines, fees or

penalties have been levied. Fines, fees and penalties levied by the state board pursuant to this

chapter shall not be paid for from contributions or funds available in a campaign account.

     (d) In the event that any person violating this chapter is ordered to pay restitution, that

restitution shall be deposited into the general fund and not into the campaign account of the

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person convicted of the offense.

     SECTION 3. 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 - THEFT, EMBEZZLEMENT, FALSE PRETENSES

AND MISAPPROPRIATIONS

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     This act would require that penalties or restitution payments for larceny or campaign

expenditure reporting violations be deposited into the general fund when such payment is

required of a political candidate and the victim of the theft is the candidate's campaign account.

     This act would take effect upon passage.

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