Rhode Island 2023 2023 Regular Session

Rhode Island House Bill H5572 Introduced / Bill

Filed 02/15/2023

                     
 
 
 
2023 -- H 5572 
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S TATE  OF RHODE IS LAND 
IN GENERAL ASSEMBLY 
JANUARY SESSION, A.D. 2023 
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A N   A C T 
RELATING TO CRIMINAL OFFENSES -- DISORDERLY CONDUCT 
Introduced By: Representatives Batista, Craven, Knight, Potter, Cruz, Alzate, and Felix 
Date Introduced: February 15, 2023 
Referred To: House Judiciary 
 
 
It is enacted by the General Assembly as follows: 
SECTION 1. Section 11-45-1 of the General Laws in Chapter 11-45 entitled "Disorderly 1 
Conduct" is hereby amended to read as follows: 2 
11-45-1. Disorderly conduct. 3 
(a) A person commits disorderly conduct if he or she intentionally, knowingly, or 4 
recklessly: 5 
(1) Engages in fighting or threatening, or in violent or tumultuous behavior in such a way 6 
that creates an actual public disturbance as evidenced by situations that include, but are not limited 7 
to, a gathering of people drawn to and watching the conduct, stopping, impeding or causing traffic, 8 
or creating similar public disturbances; 9 
(2) In a public place or near a private residence that he or she has no right to occupy, 10 
disturbs another person by making loud and unreasonable noise which under the circumstances 11 
would disturb a person of average sensibilities; 12 
(3) Directs at another person in a public place offensive words which are likely to provoke 13 
a violent reaction on the part of the average person so addressed; 14 
(4) Alone or with others, obstructs a highway, street, sidewalk, railway, waterway, building 15 
entrance, elevator, aisle, stairway, or hallway to which the public or a substantial group of the public 16 
has access or any other place ordinarily used for the passage of persons, vehicles, or conveyances; 17 
(5) Engages in conduct which obstructs or interferes physically with a lawful meeting, 18 
procession, or gathering; 19   
 
 
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(6) Enters upon the property of another and for a lascivious purpose looks into an occupied 1 
dwelling or other building on the property through a window or other opening; or 2 
(7) Who without the knowledge or consent of the individual, looks for a lascivious purpose 3 
through a window, or any other opening into an area in which another would have a reasonable 4 
expectation of privacy, including, but not limited to, a restroom, locker room, shower, changing 5 
room, dressing room, bedroom, or any other such private area, notwithstanding any property rights 6 
the individual may have in the location in which the private area is located. 7 
(8) [Deleted by P.L. 2008, ch. 183, § 1]. 8 
(b) Any person, including a police officer, may be a complainant for the purposes of 9 
instituting action for any violation of this section. 10 
(c) Any person found guilty of the crime of disorderly conduct shall be imprisoned for a 11 
term of not more than six (6) months, or fined not more than five hundred dollars ($500), or both. 12 
(d) In no event shall subdivisions (a)(2) — (5) of this section be construed to prevent lawful 13 
picketing or lawful demonstrations including, but not limited to, those relating to a labor dispute. 14 
SECTION 2. This act shall take effect upon passage. 15 
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EXPLANATION 
BY THE LEGISLATIVE COUNCIL 
OF 
A N   A C T 
RELATING TO CRIMINAL OFFENSES -- DISORDERLY CONDUCT 
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This act would define, under the disorderly conduct statute, engaging in fighting or 1 
threatening, or in violent or tumultuous behavior to include and specify it as conduct that creates 2 
an actual public disturbance as evidenced by situations that include, but are not limited to, a 3 
gathering of people drawn to and watching the conduct, stopping, impeding or causing traffic, or 4 
creating similar public disturbances. 5 
This act would take effect upon passage. 6 
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