House Bill #5115 (2017)

AN ACT RELATING TO CRIMINAL OFFENSES -- GENERAL PROVISIONS

Clarifies what constitutes a felony, misdemeanor, and petty misdemeanor and also amends the penalties for certain criminal offenses involving assault and larceny, based on the value of property stolen.

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Changes since original draft

  • 2017 – H 5115
  • 2017 – H 5115 SUBSTITUTE A
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  • LC000553
  • LC000553/SUB A/2
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  • S T A T E O F R H O D E I S L A N D
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2017
  • ____________
  • A N A C T
  • RELATING TO CRIMINAL OFFENSES – GENERAL PROVISIONS
  • S TATE OF RHODE IS L AND
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2017
  • ____________
  • A N A C T
  • RELATING TO CRIMINAL OFFENSES – GENERAL PROVISIONS
  • Introduced By: Representatives Ajello, Regunberg, Knight, Blazejewski, and Craven
  • Date Introduced: January 13, 2017
  • Referred To: House Judiciary
  • It is enacted by the General Assembly as follows:
  • SECTION 1. Section 11-1-2 of the General Laws in Chapter 11-1 entitled "General Provisions" is hereby amended to read as follows:
  • 11-1-2. Felony, misdemeanor – Petty misdemeanor, and violation distinguished.
  • Unless otherwise provided, any criminal offense which at any given time may be punished by imprisonment for a term of more than one year, or by a fine of more than one thousand dollars ($1,000), is declared to be a felony; any criminal offense which may be punishable by imprisonment for a term of more than six (6) months and not exceeding one year, or solely by a fine of not more than one thousand dollars ($1,000), or both, is declared to be a misdemeanor; any criminal offense which may be punishable by imprisonment for a term not exceeding six (6) months solely or by a fine of not more than five hundred dollars ($500), or both, and not more than one thousand dollars ($1,000) is declared to be a petty misdemeanor; and any offense which may be punished by only a fine of not more than five hundred dollars ($500) is declared to be a violation.
  • SECTION 2. Section 11-5-2 of the General Laws in Chapter 11-5 entitled "Assaults" is hereby amended to read as follows:
  • It is enacted by the GeneralAssembly as follows:
  • SECTION 1. Section 11-5-2 of the General Laws in Chapter 11-5 entitled "Assaults" is hereby amended to read as follows:
  • 11-5-2. Felony assault.
  • (a) Every person who shall make an assault or battery, or both, with a dangerous weapon, or with acid or other dangerous substance, or by fire, or an assault or battery which results in serious bodily injury, shall be guilty of a felony assault. If such assault results in serious bodily injury it shall be punished by imprisonment for not more than twenty (20) years. If such assault involves the use of a firearm, regardless of the extent of the injury, it shall be punished by imprisonment for not more than twenty (20) years. Every other felony assault which results in bodily injury or no injury shall be punished by imprisonment for not more than six (6) years.
  • (b) Where the provisions of "The Domestic Violence Prevention Act", chapter 29 of title 12, are applicable, the penalties for violation of this section shall also include the penalties as provided in § 12-29-5.
  • (c) "Serious bodily injury" means physical injury that:
  • (1) Creates a substantial risk of death;
  • (2) Causes protracted loss or impairment of the function of any bodily part, member or organ; or
  • (3) Causes serious permanent disfigurement or circumcises, excises or infibulates the whole or any part of the labia majora or labia minora or clitoris of a person.
  • (d) "Bodily injury" means physical injury that causes physical pain, illness, or any impairment of physical condition.
  • (e) "Firearm" has the same meaning as defined in §11-47-2.
  • SECTION 3. 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:
  • (a) Every person who shallmake an assault or battery, or both, with a dangerous weapon, or with acid or other dangerous substance, or by fire, or an assault or battery which results in serious bodily injury, shall be guilty of a felony assault. If such assault results in serious bodily injury it shall be punished by imprisonment for not more than twenty (20) years. Every other felony assault which results in bodily injury or no injury shall be punished by imprisonment for not more than six (6) years.
  • (b) Where the provisions of "The Domestic Violence Prevention Act", chapter 29 of title 12, are applicable, the penalties for violation of this section shall also include the penalties as provided in § 12-29-5.
  • (c) "Serious bodily injury" means physicalinjury that:
  • (1) Creates a substantialrisk of death;
  • (2) Causes protracted loss or impairment of the function of any bodily part, member or organ; or
  • (3) Causes serious permanent disfigurement or circumcises, excises or infibulates the whole or any part of the labia majora or labia minora or clitoris of a person.
  • (d) "Bodily injury" means physical injury that causes physical pain, illness, or any impairment of physical condition.
  • SECTION 2. 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, if 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 of the property or money 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, which 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.
  • SECTION 4. This act shall take effect upon passage and applies to offenses committed on or after the effective date.
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  • LC000553
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  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO CRIMINAL OFFENSES – GENERAL PROVISIONS
  • (b) Any person convicted of an offense in violation of §§ 11-41-1 – 11-41-7, except § 11-41-3, which 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.
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  • SECTION 3. This act shall take effect upon passage and applies to offenses committed on or after the effective date. ======== LC000553/SUB A/2 ========
  • LC000553/SUB A/2 - Page 3of 4
  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO CRIMINAL OFFENSES – GENERAL PROVISIONS
  • ***
  • This act would clarify what constitutes a felony, misdemeanor, and petty misdemeanor in the definition section of the general laws, and would also amend the penalties for certain criminal offenses involving assault and larceny, based on the value of property stolen.
  • This act would take effect upon passage and applies to offenses committed on or after the effective date. ======== LC000553 ========
  • This actwould take effect upon passage and applies to offenses committed on or after the effective date. ======== LC000553/SUB A/2 ========
  • LC000553/SUB A/2 - Page 4of 4

Votes

NOTE: Electronic voting records are unofficial and may not be accurate. For an official vote tally, check the House or Senate Journal from the day of the vote.

Floor vote for PASSAGE

September 19, 2017 at 3:02pm
Yeas: 68 / Nays: 0 / Not voting: 7 / Recused: 0
Legislator Vote
Rep. Abney Y
Rep. Ackerman Y
Rep. Ajello Y
Rep. Almeida Y
Rep. Amore Y
Rep. Azzinaro Y
Rep. Barros Y
Rep. Bennett Y
Rep. Blazejewski Y
Rep. Canario Y
Rep. Carson NV
Rep. Casey Y
Rep. Casimiro Y
Rep. Chippendale Y
Rep. Corvese Y
Rep. Costantino Y
Rep. Coughlin Y
Rep. Craven Y
Rep. Cunha Y
Rep. Diaz NV
Rep. Donovan Y
Rep. Edwards Y
Rep. Fellela Y
Rep. Filippi Y
Rep. Fogarty Y
Rep. Giarrusso Y
Rep. Handy Y
Rep. Hearn Y
Rep. Hull Y
Rep. Jacquard NV
Rep. Johnston Y
Rep. Kazarian Y
Rep. Keable Y
Rep. Kennedy Y
Rep. Knight Y
Rep. Lancia Y
Rep. Lima Y
Rep. Lombardi Y
Rep. Maldonado Y
Rep. Marshall Y
Rep. Marszalkowski Y
Rep. Mattiello Y
Rep. McEntee Y
Rep. McKiernan Y
Rep. McLaughlin Y
Rep. McNamara Y
Rep. Mendonca NV
Rep. Messier Y
Rep. Morgan Y
Rep. Morin Y
Rep. Nardolillo Y
Rep. Newberry Y
Rep. Nunes Y
Rep. O'Brien Y
Rep. O'Grady Y
Rep. Perez Y
Rep. Phillips Y
Rep. Price NV
Rep. Quattrocchi NV
Rep. Ranglin-Vassell Y
Rep. Regunberg Y
Rep. Roberts Y
Rep. Ruggiero Y
Rep. Serpa Y
Rep. Shanley NV
Rep. Shekarchi Y
Rep. Slater Y
Rep. Solomon Y
Rep. Tanzi Y
Rep. Tobon Y
Rep. Ucci Y
Rep. Vella-Wilkinson Y
Rep. Walsh Y
Rep. Williams Y
Rep. Winfield Y

Floor vote for Passage In Concurrence

September 19, 2017 at 9:58pm
Yeas: 33 / Nays: 0 / Not voting: 5 / Recused: 0
Legislator Vote
Sen. Algiere Y
Sen. Archambault Y
Sen. Calkin Y
Sen. Ciccone Y
Sen. Conley Y
Sen. Cote Y
Sen. Coyne Y
Sen. Crowley Y
Sen. DaPonte NV
Sen. DiPalma Y
Sen. Doyle NV
Sen. Euer Y
Sen. Felag Y
Sen. Fogarty Y
Sen. Gallo Y
Sen. Gee Y
Sen. Goldin Y
Sen. Goodwin Y
Sen. Jabour Y
Sen. Kettle Y
Sen. Lombardi Y
Sen. Lombardo NV
Sen. Lynch Prata Y
Sen. McCaffrey Y
Sen. Metts Y
Sen. Miller Y
Sen. Morgan Y
Sen. Nesselbush Y
Sen. Paolino Y
Sen. Pearson NV
Sen. Picard NV
Sen. Quezada Y
Sen. Raptakis Y
Sen. Ruggerio Y
Sen. Satchell Y
Sen. Seveney Y
Sen. Sheehan Y
Sen. Sosnowski Y