Chapter
128
2008 -- H 7259
Enacted 07/01/08
A N A C T
RELATING TO CRIMINAL
OFFENSES -- HOMICIDE
Introduced By: Representatives Almeida, Mattiello, Giannini, Ferri, and Jacquard
Date
Introduced: January 24, 2008
It is
enacted by the General Assembly as follows:
SECTION
1. Section 11-23-1 of the General Laws in Chapter 11-23 entitled
"Homicide"
is
hereby amended to read as follows:
11-23-1.
Murder. -- The unlawful killing of a human being with malice
aforethought is
murder.
Every murder perpetrated by poison, lying in wait, or any other kind of
willful,
deliberate,
malicious, and premeditated killing, or committed in the perpetration of, or
attempt to
perpetrate,
any arson or any violation of sections 11-4-2, 11-4-3, or 11-4-4, rape, any
degree of
sexual
assault or child molestation, burglary or breaking and entering, robbery,
kidnapping, or
committed
during the course of the perpetration, or attempted perpetration, of felony
manufacture,
sale, delivery, or other distribution of a controlled substance otherwise
prohibited
by the
provisions of chapter 28 of title 21, or while resisting arrest by, or under
arrest of, any state
trooper
or police officer committed
against any law enforcement officer in the performance of his
or her
duty or committed against an assistant attorney general or special assistant
attorney general
in the
performance of his or her duty, or perpetrated from a premeditated design
unlawfully and
maliciously
to effect the death of any human being other than him or her who is killed, is
murder
in the
first degree. Any other murder is murder in the second degree. The degree of
murder may
be
charged in the indictment or information, and the jury may find the degree of
murder, whether
the
murder is charged in the indictment or information or not, or may find the
defendant guilty of
a lesser
offense than that charged in the indictment or information, in accordance with
the
provisions
of section 12-17-14.
SECTION
2. This act shall take effect upon passage.
=======
LC00443
=======