2023 -- H 5364
========
LC000685
========
S TATE OF RHODE IS LAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
____________
A N A C T
RELATING TO CRIMINAL OFFENSES -- PUBLIC UTILITIES
Introduced By: Representatives Fogarty, Kazarian, Carson, Tanzi, Hull, Caldwell, and
Handy
Date Introduced: February 03, 2023
Referred To: House Judiciary
It is enacted by the General Assembly as follows:
SECTION 1. Section 11-35-4 of the General Laws in Chapter 11-35 entitled "Public 1
Utilities" is hereby amended to read as follows: 2
11-35-4. Injuries to electric or communication lines. 3
(a) Every person who shall wantonly or willfully and maliciously cut, destroy, break down, 4
or injure, or attempt to cut, destroy, break down, or injure any machine, appliance, or apparatus 5
used for generating electric currents or any electric wire or other appliance or apparatus used for 6
the purpose of conducting or transmitting electric currents for using and furnishing power, motive 7
power, light, or heat, or used for the purpose of transmitting intelligence by means of telegraphic 8
or telephonic apparatus or cellular tower or radio waves or by means of fire-alarm signals, burglar-9
alarm signals, police signals, railway signals, or other apparatus or appliance for the transmission 10
of intelligence, or shall cut, destroy, break down, or injure or shall attempt to cut, destroy, break 11
down, or injure any pole, bracket, insulator or other device, apparatus, or appliance for supporting 12
or carrying any electric wire, or shall do any other act interrupting or intended to interrupt the 13
transmission of the electric current over any electric wire through the manual or electronic 14
operation of a switching mechanism or by other means, shall be liable to indictment for it, and upon 15
conviction shall be required to make restitution, and fined not exceeding three thousand dollars 16
($3,000) fifty thousand dollars ($50,000) or imprisoned not exceeding two (2) years ten (10) years, 17
or both; provided, that nothing in this section shall be construed to authorize or permit the 18
attachment, erection, use, operation, or maintenance of any electric wire, apparatus, pole, bracket, 19
LC000685 - Page 2 of 4
insulator, or other device or appliance, upon the property of any person or corporation, without the 1
consent of the owner or owners; nor to prevent any properly authorized person from removing any 2
electric wire, apparatus, pole, bracket, insulator, or other device or appliance for the purpose of 3
permitting the passage of any building or structure, the moving of which has been duly authorized 4
by any city or town council. 5
(b) Restitution, in addition to the cost for restoring operations, shall be owed to any third 6
party who suffered economic harm as a result of the injuries to the electric and communication 7
lines as provided for in this section. 8
SECTION 2. Section 46-13-16 of the General Laws in Chapter 46-13 entitled "Public 9
Drinking Water Supply" is hereby amended to read as follows: 10
46-13-16. Penalties and remedies. 11
(a) It shall be the duty of any person to proceed diligently to comply with any order issued 12
pursuant to this chapter. If that person fails to proceed diligently or fails to comply with the order 13
within such time, if any, as may be specified, the order may be enforced by the superior court, upon 14
application made by the director. 15
(b) Any person who willfully or negligently violates any provision of this chapter, any rule 16
or regulation or order of the director, or any condition of any permit issued pursuant to the chapter 17
is guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not more than five 18
hundred dollars ($500) for each separate offense, or to imprisonment for a period of not more than 19
one year, or both. 20
(c) In addition to proceeding under any other remedy available at law or in equity for a 21
violation of any provision of this chapter, any rule or regulation pursuant to this chapter, or any 22
term or condition of any permit issued pursuant to this chapter, the relevant director may assess a 23
civil penalty upon a person for the violation. The penalty may be assessed whether or not the 24
violation was willful or negligent. When the director assesses a civil penalty, he or she shall inform 25
the person of the amount of the penalty. The person charged with the penalty shall then have thirty 26
(30) days to pay the penalty in full or, if the person wishes to contest either the amount of the 27
penalty or the fact of the violation, the person shall within the thirty (30) day period, file an appeal 28
of the action with the director. Failure to appeal within thirty (30) days shall result in a waiver of 29
all legal rights to contest the violation or the amount of the penalty. The maximum civil penalty 30
which may be assessed pursuant to this section is five thousand dollars ($5,000) per day for each 31
violation. Each violation for each separate day and each violation of any provision of this chapter, 32
any rule or regulation under this chapter, any order of the director, or any term or condition of a 33
permit shall constitute a separate and distinct offense under this section. 34
LC000685 - Page 3 of 4
(d) The penalties and remedies prescribed by this chapter shall be deemed concurrent and 1
the existence of or exercise of any remedy shall not prevent the director from exercising any other 2
remedy hereunder. 3
(e) Violations on separate days shall constitute separate offenses for purposes of this 4
chapter. 5
(f) Any person who endangers the health of persons by knowingly introducing any 6
contaminant into a public water supply system or tampering with a public water supply system 7
shall be required to make restitution, and shall be fined not more than fifty thousand dollars 8
($50,000), or imprisoned for not more than five (5) ten (10) years, or both. 9
(g) Any person who attempts to endanger or makes a threat to endanger the health of 10
persons by knowingly introducing any contaminant into a public water supply system or tampering 11
with a public water supply system shall be required to make restitution, and fined not more than 12
twenty thousand dollars ($20,000), or imprisoned for not more than three (3) ten (10) years, or both. 13
(h) The director may bring a civil action in the superior court against any person who 14
endangers, attempts to endanger, or makes a threat to endanger the health of persons, or otherwise 15
renders the water unfit for human consumption, by the introduction of any contaminant into a public 16
water supply system or tampering with a public water supply system. The court may impose on the 17
person a civil penalty of not more than fifty thousand dollars ($50,000) for each day that the 18
endangerment or inability to consume the water exists. 19
(i) All fines and penalties collected under the penalty provisions of this chapter and all fees 20
shall be deposited as general revenues. 21
(j) Restitution, in addition to the cost for restoring operations, shall be owed to any third 22
party who suffered economic harm as a result of the introduction or threatened introduction of a 23
contaminant as provided for in this section. 24
SECTION 3. This act shall take effect upon passage. 25
========
LC000685
========
LC000685 - Page 4 of 4
EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO CRIMINAL OFFENSES -- PUBLIC UTILITIES
***
This act would increase penalties for damages to electric and cellular communication lines 1
from three thousand dollars ($3,000) to fifty thousand dollars ($50,000); imprisonment from two 2
(2) years to ten (10) years, or both and would require restitution for economic harm. This act would 3
further increase penalties for damage resulting from contamination of public water supply systems 4
for imprisonment from five (5) to ten (10) years and require restitution for economic harm. 5
This act would take effect upon passage. 6
========
LC000685
========