Chapter 081

2011 -- S 0817 SUBSTITUTE A

Enacted 06/20/11





     Introduced By: Senator Frank A. Ciccone

     Date Introduced: March 31, 2011


It is enacted by the General Assembly as follows:


     SECTION 1. Section 11-5-5 of the General Laws in Chapter 11-5 entitled "Assaults" is

hereby amended to read as follows:


     11-5-5. Assault of police officers and other officials. -- Any person who shall make an

assault or battery, or both, by knowingly and willfully either (1) striking, or (2) spraying with a

noxious chemical, commonly used as a personal defense weapon, including Mace and an

oleoresin capsicum product or like products, a uniformed member of the state police or

metropolitan park police, environmental police officer, state properties patrol officer, probation

and parole officers, state government case worker or investigator, judge of the supreme, superior,

family, district court, traffic tribunal or municipal court, sheriff, deputy sheriff, city or town

police officer or firefighter, member of the Rhode Island state marshals of the department of

corrections, member of the capitol police, member of campus security force of state colleges and

universities, member of the Rhode Island airport police department, member of the Rhode Island

fugitive task force, Rhode Island public transit authority bus driver, or on-duty plainclothes

member of the town, city, or state police force, investigator of the department of the attorney

general appointed pursuant to section 42-9-8.1, or member of the railroad police after proper

identification is displayed, or uniformed dog officer, or out-of-state police officer called into

Rhode Island under a cooperative agreement to provide mutual aid at the request of the state of

Rhode Island pursuant to chapter 37 of title 42, or assistant attorney general or special assistant

attorney general, or employees of the department of environmental management responsible for

administrative inspections or any constable authorized by chapter 45-16 of the Rhode Island

general law causing bodily injury while the officer or official is engaged in the performance of his

or her duty, shall be deemed to have committed a felony, and shall be imprisoned not exceeding

three (3) years, or fined not exceeding fifteen hundred dollars ($1,500), or both.


     SECTION 2. This act shall take effect upon passage.



LC02386/SUB A