Rhode Island 2023 Regular Session

Rhode Island House Bill H5704 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- H 5704
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7	7	LC001154
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO CRIMINAL OFFENSES -- DISORDERLY CONDUCT
16	16	Introduced By: Representatives Noret, Casimiro, Corvese, Bennett, Craven, Shanley,
17	17	Vella-Wilkinson, Knight, Solomon, and McNamara
18	18	Date Introduced: February 17, 2023
19	19	Referred To: House Judiciary
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22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Chapter 11-11 of the General Laws entitled "Disorderly Conduct" is hereby 1
24	24	amended by adding thereto the following sections: 2
25	25	11-11-8. Definitions. 3
26	26	As used in this chapter: 4
27	27	(1) "Civil, social, and fraternal association" means any group not organized for profit, but 5
28	28	operated exclusively for the benefit of its members, promotion of the common good and the social 6
29	29	welfare of the community as a whole. 7
30	30	(2) "Educational institution" means any pre-school, elementary school, secondary school, 8
31	31	college or university or any property owned or utilized by the institution. 9
32	32	(3) "Mass violence" means physical injury that a reasonable person could conclude would 10
33	33	lead to permanent physical or emotional injury or death to two (2) or more people. 11
34	34	(4) "Religious institution" means any church, chapel, synagogue, temple, meeting house, 12
35	35	mosque or other building regularly used and identified as a place for religious worship, or property 13
36	36	utilized by the institution. 14
37	37	11-11-9. Threats prohibited. 15
38	38	(a) Any person who, by means of communication to any person or group of persons, 16
39	39	threatens to commit an act of mass violence at an educational institution, religious institution, or at 17
40	40	any activity sponsored by the institution, as well as any civic, social or fraternal association or any 18
41	41	activity sponsored by the association, shall be guilty of a misdemeanor. 19
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45	45	(b) Any person convicted of violating subsection (a) of this section may be punished by a 1
46	46	term of imprisonment of up to one year, and/or ordered to pay restitution, costs and consequential 2
47	47	damages resulting from the disruption of the normal activity that would have occurred on the 3
48	48	premises but for the threat. 4
49	49	11-11-10. False reports prohibited. 5
50	50	(a) Any person who, by means of communication to any person or groups of persons, 6
51	51	makes a report, knowing or having reason to know the report is false, that an act of mass violence 7
52	52	is going to occur at an educational or religious institution, civic, social or fraternal association or at 8
53	53	any activity sponsored by the institution or association, shall be guilty of a misdemeanor. 9
54	54	(b) Any person convicted of violating subsection (a) of this section may be punished by a 10
55	55	term of imprisonment of up to one year, and/or ordered to pay restitution, costs and consequential 11
56	56	damages resulting from the disruption of the normal activity that would have occurred on the 12
57	57	premises but for the false report. 13
58	58	11-11-11. Bail and pretrial release. 14
59	59	(a) In all cases in which a defendant is charged with communication of a threat or false 15
60	60	report in violation of §§ 11-11-9 or 11-11-10, the court shall direct the department of probation to 16
61	61	provide a report about the defendant outlining their criminal history, community ties, work history, 17
62	62	psychological history, if available, and any other relevant information the court may consider in 18
63	63	setting conditions of release. 19
64	64	(b) Upon a determination that immediate release would pose a danger to the community or 20
65	65	injury to any person, including the defendant, the court may order the defendant remain in custody 21
66	66	for a reasonable period of time, but in no event longer than forty-eight (48) hours, until reasonable 22
67	67	release conditions, that would keep the community safe, are imposed. The court may impose any 23
68	68	reasonable conditions or court order including, but not limited to: 24
69	69	(1) An extreme risk protection order pursuant to the provisions of chapter 8.3 of title 8; 25
70	70	(2) A no trespass order for any educational or religious institution; 26
71	71	(3) A mental health assessment; and/or 27
72	72	(4) Substance abuse counseling. 28
73	73	SECTION 2. This act shall take effect upon passage. 29
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80	80	EXPLANATION
81	81	BY THE LEGISLATIVE COUNCIL
82	82	OF
83	83	A N A C T
84	84	RELATING TO CRIMINAL OFFENSES -- DISORDERLY CONDUCT
85	85	***
86	86	This act would make threats of mass violence and false reports of threats to any educational, 1
87	87	religious institution, social, civic or fraternal associations a misdemeanor and would allow the court 2
88	88	to set reasonable conditions of release of the defendant in order to ensure the safety of the 3
89	89	community. 4
90	90	This act would take effect upon passage. 5
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92	92	LC001154
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