2023 -- H 6325

========

LC002825

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

____________

A N   A C T

RELATING TO CRIMINAL OFFENSES -- ATV HARASSMENT

     

     Introduced By: Representatives Lima, Cardillo, Costantino, Azzinaro, Kennedy, Vella-
Wilkinson, Noret, Shanley, Phillips, and Serpa

     Date Introduced: April 26, 2023

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

1

     SECTION 1. Title 11 of the General Laws entitled "CRIMINAL OFFENSES" is hereby

2

amended by adding thereto the following chapter:

3

CHAPTER 45.2

4

ATV HARASSMENT

5

     11-45.2-1. ATV Harassment.

6

     The concerted action of two (2) or more individuals who acting individually or collectively

7

each operate an unregistered or registered all-terrain vehicle (ATV), motor bike, motorcycle,

8

moped or other electric or gas powered two (2), three (3) or four (4) wheeled vehicle, not defined

9

as an automobile, in a manner to cause disruption, fear, chaos or other interruption in the orderly

10

use of roadways or sidewalks.

11

     11-45.2-2. Penalty.

12

     (a) Any individual or group of individuals who violate the provisions of § 11-45.2-1 shall,

13

for the first offense, be guilty of a misdemeanor punishable by a mandatory sentence of thirty (30)

14

days imprisonment and one hundred fifty (150) hours of community service picking up litter on

15

state and/or municipal roadways. All vehicles used in violation of this chapter shall be forfeited

16

and/or sold or destroyed by the arresting authority.

17

     (b) Any individual or group of individuals who violate the provisions of § 11-45.2-1 shall,

18

for the second offense and subsequent offense, be guilty of a misdemeanor punishable by a

19

mandatory sentence of six (6) months imprisonment and two hundred fifty (250) hours of

 

1

community service picking up litter on state and/or municipal roadways. All vehicles used in

2

violation of this chapter shall be forfeited and/or sold or destroyed by the arresting authority.

3

     (c) The mandatory sentences to be imposed pursuant to the provisions of this chapter shall

4

not be reduced, plea bargained, suspended, deferred nor subject to probation.

5

     SECTION 2. This act shall take effect upon passage.

========

LC002825

========

 

LC002825 - Page 2 of 3

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES -- ATV HARASSMENT

***

1

     This act would define ATV harassment as an individual driving an unregistered or

2

registered ATV, motor bike, motorcycle, moped or other electric or gas powered in a manner to

3

cause disruption, fear, chaos or other interruption in the orderly use of our roadways or sidewalks.

4

A conviction under this chapter would be a misdemeanor and imprisonment for thirty (30) days for

5

a first offense, and imprisonment for six (6) months for a second and subsequent offense with a

6

mandatory sentence of community service picking up litter.

7

     This act would take effect upon passage.

========

LC002825

========

 

LC002825 - Page 3 of 3