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| 4 | 4 | | |
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| 5 | 5 | | 2023 -- H 5572 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC000621 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S TATE OF RHODE IS LAND |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2023 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO CRIMINAL OFFENSES -- DISORDERLY CONDUCT |
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| 16 | 16 | | Introduced By: Representatives Batista, Craven, Knight, Potter, Cruz, Alzate, and Felix |
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| 17 | 17 | | Date Introduced: February 15, 2023 |
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| 18 | 18 | | Referred To: House Judiciary |
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| 19 | 19 | | |
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| 20 | 20 | | |
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| 21 | 21 | | It is enacted by the General Assembly as follows: |
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| 22 | 22 | | SECTION 1. Section 11-45-1 of the General Laws in Chapter 11-45 entitled "Disorderly 1 |
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| 23 | 23 | | Conduct" is hereby amended to read as follows: 2 |
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| 24 | 24 | | 11-45-1. Disorderly conduct. 3 |
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| 25 | 25 | | (a) A person commits disorderly conduct if he or she intentionally, knowingly, or 4 |
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| 26 | 26 | | recklessly: 5 |
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| 27 | 27 | | (1) Engages in fighting or threatening, or in violent or tumultuous behavior in such a way 6 |
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| 28 | 28 | | that creates an actual public disturbance as evidenced by situations that include, but are not limited 7 |
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| 29 | 29 | | to, a gathering of people drawn to and watching the conduct, stopping, impeding or causing traffic, 8 |
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| 30 | 30 | | or creating similar public disturbances; 9 |
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| 31 | 31 | | (2) In a public place or near a private residence that he or she has no right to occupy, 10 |
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| 32 | 32 | | disturbs another person by making loud and unreasonable noise which under the circumstances 11 |
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| 33 | 33 | | would disturb a person of average sensibilities; 12 |
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| 34 | 34 | | (3) Directs at another person in a public place offensive words which are likely to provoke 13 |
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| 35 | 35 | | a violent reaction on the part of the average person so addressed; 14 |
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| 36 | 36 | | (4) Alone or with others, obstructs a highway, street, sidewalk, railway, waterway, building 15 |
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| 37 | 37 | | entrance, elevator, aisle, stairway, or hallway to which the public or a substantial group of the public 16 |
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| 38 | 38 | | has access or any other place ordinarily used for the passage of persons, vehicles, or conveyances; 17 |
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| 39 | 39 | | (5) Engages in conduct which obstructs or interferes physically with a lawful meeting, 18 |
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| 40 | 40 | | procession, or gathering; 19 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | LC000621 - Page 2 of 3 |
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| 44 | 44 | | (6) Enters upon the property of another and for a lascivious purpose looks into an occupied 1 |
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| 45 | 45 | | dwelling or other building on the property through a window or other opening; or 2 |
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| 46 | 46 | | (7) Who without the knowledge or consent of the individual, looks for a lascivious purpose 3 |
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| 47 | 47 | | through a window, or any other opening into an area in which another would have a reasonable 4 |
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| 48 | 48 | | expectation of privacy, including, but not limited to, a restroom, locker room, shower, changing 5 |
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| 49 | 49 | | room, dressing room, bedroom, or any other such private area, notwithstanding any property rights 6 |
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| 50 | 50 | | the individual may have in the location in which the private area is located. 7 |
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| 51 | 51 | | (8) [Deleted by P.L. 2008, ch. 183, § 1]. 8 |
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| 52 | 52 | | (b) Any person, including a police officer, may be a complainant for the purposes of 9 |
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| 53 | 53 | | instituting action for any violation of this section. 10 |
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| 54 | 54 | | (c) Any person found guilty of the crime of disorderly conduct shall be imprisoned for a 11 |
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| 55 | 55 | | term of not more than six (6) months, or fined not more than five hundred dollars ($500), or both. 12 |
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| 56 | 56 | | (d) In no event shall subdivisions (a)(2) — (5) of this section be construed to prevent lawful 13 |
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| 57 | 57 | | picketing or lawful demonstrations including, but not limited to, those relating to a labor dispute. 14 |
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| 58 | 58 | | SECTION 2. This act shall take effect upon passage. 15 |
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| 60 | 60 | | LC000621 |
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| 61 | 61 | | ======== |
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| 62 | 62 | | |
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| 63 | 63 | | |
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| 64 | 64 | | LC000621 - Page 3 of 3 |
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| 65 | 65 | | EXPLANATION |
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| 66 | 66 | | BY THE LEGISLATIVE COUNCIL |
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| 67 | 67 | | OF |
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| 68 | 68 | | A N A C T |
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| 69 | 69 | | RELATING TO CRIMINAL OFFENSES -- DISORDERLY CONDUCT |
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| 70 | 70 | | *** |
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| 71 | 71 | | This act would define, under the disorderly conduct statute, engaging in fighting or 1 |
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| 72 | 72 | | threatening, or in violent or tumultuous behavior to include and specify it as conduct that creates 2 |
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| 73 | 73 | | an actual public disturbance as evidenced by situations that include, but are not limited to, a 3 |
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| 74 | 74 | | gathering of people drawn to and watching the conduct, stopping, impeding or causing traffic, or 4 |
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| 75 | 75 | | creating similar public disturbances. 5 |
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| 76 | 76 | | This act would take effect upon passage. 6 |
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| 78 | 78 | | LC000621 |
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