2020 -- S 2684

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LC004188

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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A N   A C T

RELATING TO CRIMINAL OFFENSES - THEFT, EMBEZZLEMENT, FALSE PRETENSES,

AND MISAPPROPRIATION

     Introduced By: Senators Bell, Quezada, Nesselbush, Crowley, and Murray

     Date Introduced: February 27, 2020

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 11-41-5 and 11-41-20 of the General Laws in Chapter 11-41

entitled "Theft, Embezzlement, False Pretenses, and Misappropriation" are 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) If the value exceeds two

hundred fifty dollars ($250), and is less than 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. If the value does not exceed two hundred fifty dollars

($250), and is a first offense, the person shall be sentenced to complete up to twenty (20) hours of

community service, as ordered by the court, or be punished by a fine of not more than fifty dollars

($50.00), or double the value of the stolen item(s), minus the fair market value of any item(s)

returned, or both. If the value exceeds two hundred fifty dollars ($250), and is less than one

thousand dollars ($1,000), and a first offense, or exceeds twenty-five dollars ($25.00), and is less

than two hundred fifty dollars ($250), and a second offense, or does not exceed twenty-five

dollars ($25.00), and is a fourth offense, the person shall be punished by imprisonment for not

more than three (3) months, or by a fine of twice the amount of the value of the item(s) stolen,

minus the fair market value of any item(s) returned. 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) All monetary amounts with regard to value of merchandise shall be increased

annually to reflect the rate of inflation as adjusted by the percentage of increase in the consumer

price index for all urban consumers (CPI-U) as published by the United States Department of

Labor Statistics as of September 30 of the prior calendar year.

     11-41-20. Shoplifting.

     (a) For the purpose of this section:

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

ordinary observation.

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

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

retail mercantile establishment.

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

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

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

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

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

of the retail mercantile establishment.

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

held, stored or offered for sale to the public.

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

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

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

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

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

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

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

merchandise;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

     (d) Any person convicted of the crime of shoplifting shall be guilty of a misdemeanor and

shall be punished by a fine of not less than fifty dollars ($50.00) or two times the full retail value

of the merchandise, whichever is greater, but not more than five hundred dollars ($500), or by

imprisonment for not more than one year, or both; provided, any person convicted of the crime of

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

previously been convicted of shoplifting shall be guilty of a felony and shall be punished by a

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

years, or both., if the value does not exceed two hundred fifty dollars ($250), and is a first

offense, or if the value does not exceed twenty-five dollars ($25.00), and is a second or third

offense, the person shall be sentenced up to twenty (20) hours of community service, as ordered

by the court, or punished by a fine of up to fifty dollars ($50.00), or double the value of the stolen

merchandise, minus the fair market value of any merchandise returned. If the value exceeds two

hundred fifty dollars ($250), and is less than one thousand dollars ($1,000), and is a first offense,

or if the value exceeds twenty-five dollars ($25.00), and is less than two hundred fifty dollars

($250), and is a second or third offense, or if the value does not exceed twenty-five dollars

($25.00), and is a fourth offense, the person shall be punished by imprisonment for not more than

three (3) months, or by a fine of twice the value of the merchandise, minus the fair market value

of any merchandise returned. If the value exceeds one thousand dollars ($1,000), and is a first

offense, or if the value exceeds two hundred fifty dollars ($250), and is less than one thousand

dollars ($1,000), and is a second offense, or if the value does exceeds twenty-five dollars

($25.00), and is less than two hundred fifty dollars ($250), and is a fourth offense, the person

shall be punished by imprisonment for not more than six (6) months, or by a fine of twice the

value of the stolen merchandise, minus the fair market value of any merchandise returned.

     (e) No person shall be charged with the offense of shoplifting if they are charged with the

offense of larceny for the same act.

     (f) All monetary amounts with regard to value of merchandise shall be increased annually

to reflect the rate of inflation as adjusted by the percentage of increase in the consumer price

index for all urban consumers (CPI-U) as published by the United States department of labor

statistics as of September 30 of the prior calendar year.

     SECTION 2. Section 11-41-24 of the General Laws in Chapter 11-41 entitled "Theft,

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Embezzlement, False Pretenses, and Misappropriation" is hereby repealed.

     11-41-24. Habitual offender.

     Any person who shall be convicted three (3) times for the crime of shoplifting as defined

in § 11-41-20 or larceny as defined in § 11-41-1 or receiving stolen goods as defined in § 11-41-

2, or who shall have been convicted three (3) times of any combination of the crimes described in

this section, shall also be charged as an habitual offender and, upon conviction, shall be fined not

less than two hundred dollars ($200) nor more than five hundred dollars ($500) and shall be

imprisoned not less than six (6) months nor more than one year.

     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 MISAPPROPRIATION

***

     This act would provide for a reduced penalty for the offense of larceny, and further

provides for a tiered penalty system for the offense of shoplifting. This act further provides that

the offense of shoplifting, under two hundred fifty dollars ($250), and first offense, or under

twenty-five dollars ($25.00), and second or third offense, is no longer classified as a

misdemeanor. This act repeals the habitual offender mandatory minimum statute.

     This act would take effect upon passage.

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