Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0370 Compare Versions

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

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5	5	2023 -- S 0370
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7	7	LC001474
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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 - THEFT, EMBEZZLEMENT, FALSE PRETENSES,
16	16	AND MISAPPROPRIATION
17	17	Introduced By: Senator Samuel W. Bell
18	18	Date Introduced: February 16, 2023
19	19	Referred To: Senate Judiciary
20	20
21	21
22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Sections 11-41-5 and 11-41-20 of the General Laws in Chapter 11-41 entitled 1
24	24	"Theft, Embezzlement, False Pretenses, and Misappropriation" are hereby amended to read as 2
25	25	follows: 3
26	26	11-41-5. Penalties for larceny. 4
27	27	(a) Any person convicted of any offense under §§ 11-41-1 — 11-41-6, except § 11-41-3, 5
28	28	shall be punished as follows, according to the value of the property or money stolen, received, 6
29	29	embezzled, fraudulently appropriated, converted, or obtained, received, taken, or secreted by false 7
30	30	pretenses or otherwise with intent to cheat, defraud, embezzle, or fraudulently convert: 8
31	31	(1) If the value is less than or equal to twenty-five dollars ($25.00), the person shall be 9
32	32	punished by up to twenty (20) hours of community service, as ordered by the court, or by a fine of 10
33	33	not more than fifty dollars ($50.00), or both; and 11
34	34	(2) If the value exceeds twenty-five dollars ($25.00), but is less than or equal to two 12
35	35	hundred fifty dollars ($250), for a first offense under this chapter, the person shall be punished by 13
36	36	up to twenty (20) hours of community service, as ordered by the court, or by a fine of not more 14
37	37	than fifty dollars ($50.00), or both; and 15
38	38	(3) If the value exceeds twenty-five dollars ($25.00), but is less than or equal to two 16
39	39	hundred fifty dollars ($250), for a second or subsequent offense under this chapter, the person shall 17
40	40	be punished by imprisonment for not more than three (3) months, or by a fine of not more than two 18
41	41
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44	44	hundred fifty dollars ($250), or both; and 1
45	45	(4) If the value exceeds two hundred fifty dollars ($250), but is less than or equal to one 2
46	46	thousand dollars ($1,000), for a first offense under this chapter, the person shall be punished by 3
47	47	imprisonment for not more than three (3) months, or by a fine of not more than two hundred fifty 4
48	48	dollars ($250), or both; and 5
49	49	(5) If the value exceeds two hundred fifty dollars ($250), but is less than or equal to one 6
50	50	thousand dollars ($1,000), for a second or subsequent offense under this chapter, the person shall 7
51	51	be punished by imprisonment for not more than six (6) months, or by a fine of not more than two 8
52	52	hundred fifty dollars ($250), or both; and 9
53	53	(6) If the value exceeds one thousand dollars ($1000), but is less than or equal to one 10
54	54	thousand five hundred dollars ($1,500), the person shall be punished by imprisonment for not more 11
55	55	than three hundred sixty-four (364) days, or by a fine of not more than five hundred dollars ($500), 12
56	56	or both. 13
57	57	(1)(7) If the value exceeds one thousand five hundred dollars ($1,500), and is less than or 14
58	58	equal to five thousand dollars ($5,000), the person shall be punished by imprisonment for not more 15
59	59	than three (3) years or by a fine of not more than one thousand five hundred dollars ($1,500), or 16
60	60	both; 17
61	61	(2)(8) If the value exceeds five thousand dollars ($5,000), but is less than or equal to ten 18
62	62	thousand dollars ($10,000), the person shall be punished by imprisonment for not more than six (6) 19
63	63	years or by a fine of not more than three thousand dollars ($3,000), or both; and 20
64	64	(3)(9) If the value exceeds ten thousand dollars ($10,000), or if the property is a firearm as 21
65	65	defined in § 11-47-5.1, regardless of its value, the person shall be punished by imprisonment for 22
66	66	not more than ten (10) years or by a fine of not more than five thousand dollars ($5,000), or both. 23
67	67	If the value does not exceed one thousand five hundred dollars ($1,500), the person shall be 24
68	68	punished by imprisonment for not more than one year, or by a fine of not more than five hundred 25
69	69	dollars ($500), or both. Any person convicted of an offense under § 11-41-2 who shall be found to 26
70	70	have knowingly obtained the property from a person under eighteen (18) years of age, 27
71	71	notwithstanding the value of the property or money, shall be punished by imprisonment for not 28
72	72	more than ten (10) years or by a fine of not more than five thousand dollars ($5,000), or both. 29
73	73	(b) All monetary amounts with regard to the value of the item(s) stolen shall be increased 30
74	74	annually to reflect the rate of median income growth as adjusted by the percentage of change in 31
75	75	Rhode Island median household income. Any person convicted of an offense in violation of §§ 11-32
76	76	41-1 — 11-41-7, except § 11-41-3, that involves a victim who is a person sixty-five (65) years of 33
77	77	age or older at the time of the offense and which involves property or money stolen, received, 34
78	78
79	79
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81	81	embezzled, fraudulently appropriated, converted, or obtained, received, taken, or secreted by false 1
82	82	pretenses or otherwise with intent to cheat, defraud, embezzle, or fraudulently convert, with a value 2
83	83	in excess of five hundred dollars ($500), shall be punished by imprisonment for not less than two 3
84	84	(2) years but not more than fifteen (15) years or by a fine of not more than five thousand dollars 4
85	85	($5,000), or both. If the value of the property or money does not exceed five hundred dollars ($500), 5
86	86	the person shall be punished by imprisonment for not less than one year but not more than five (5) 6
87	87	years or by a fine of not more than three thousand dollars ($3,000), or both. 7
88	88	(c) In addition to any other penalties pursuant to this section, an elected official or candidate 8
89	89	for office convicted of violating § 11-41-1, § 11-41-2, § 11-41-3, or § 11-41-4 where the theft is a 9
90	90	campaign account created, pursuant to title 17, for the benefit of the person so convicted, all 10
91	91	restitution shall be deposited into the Rhode Island crime victim compensation program fund and 11
92	92	not into the campaign account of that person convicted of the offense. 12
93	93	11-41-20. Shoplifting. 13
94	94	(a) For the purpose of this section: 14
95	95	(1) “Conceal” means to place merchandise in such a manner that it is not visible through 15
96	96	ordinary observation. 16
97	97	(2) “Full retail value” means the merchant’s stated price of the merchandise. 17
98	98	(3) “Merchandise” means any items of tangible personal property offered for sale within a 18
99	99	retail mercantile establishment. 19
100	100	(4) “Merchant” means an owner or operator of any retail mercantile establishment or any 20
101	101	agent, employee, lessee, officer, or director of the owner or operator. 21
102	102	(5) “Premises of a retail mercantile establishment” includes the retail mercantile 22
103	103	establishment, and common use areas in shopping centers, and all parking areas set aside by a 23
104	104	merchant or on behalf of a merchant for the parking of vehicles for the convenience of the patrons 24
105	105	of the retail mercantile establishment. 25
106	106	(6) “Retail mercantile establishment” means any place where merchandise is displayed, 26
107	107	held, stored or offered for sale to the public. 27
108	108	(7) “Shopping cart” means those push carts of the type or types which are commonly 28
109	109	provided by grocery stores, drug stores, or other retail mercantile establishments for the use of the 29
110	110	public in transporting commodities on or from the premises of the retail mercantile establishment. 30
111	111	(b) Whoever shall engage in the following shall be guilty of the crime of shoplifting: 31
112	112	(1) Take possession of, carry away, transfer or cause to be carried away or transferred any 32
113	113	merchandise displayed, held, stored, or offered for sale by a retail mercantile establishment with 33
114	114	the intention of depriving the merchant of all or any part of the full retail value of the merchandise; 34
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118	118	(2) Alter, transfer, or remove a label, price tag, marking, indicia of value or any other 1
119	119	markings which aid in determining value affixed to any merchandise displayed, held, stored or 2
120	120	offered for sale in a retail mercantile establishment and attempt to purchase or purchase the 3
121	121	merchandise personally or in consort with another at less than the full retail value with the intention 4
122	122	of depriving the merchant of all or any part of the full retail value of such merchandise; 5
123	123	(3) Transfer any merchandise displayed, held, stored or offered for sale in a retail 6
124	124	mercantile establishment from one container to another in an attempt to purchase or purchase the 7
125	125	merchandise personally or in consort with another at less than the full retail value with the intention 8
126	126	of depriving the merchant of all or any part of the full retail value of the merchandise; or 9
127	127	(4) Remove a shopping cart from the premises of a retail mercantile establishment without 10
128	128	the consent of the merchant given at the time of the removal with the intention of depriving the 11
129	129	merchant of the possession, use, or benefit of the cart. 12
130	130	(c) The fact that a person conceals upon his person, among his or her belongings, or upon 13
131	131	the person or among the belongings of another merchandise displayed, held, stored or offered for 14
132	132	sale in a retail mercantile establishment, for which he or she has not paid the full retail value, and 15
133	133	the merchandise has been taken beyond the area within the retail mercantile establishment where 16
134	134	payment for it is to be made, shall be prima facie evidence that the person has possessed, carried 17
135	135	away, or transferred the merchandise with the intention of depriving the merchant of all or part of 18
136	136	the full retail value of the merchandise without paying the full retail value of the merchandise. 19
137	137	(d) Any person convicted of the crime of shoplifting shall be guilty of a misdemeanor and 20
138	138	shall be punished by a fine of not less than fifty dollars ($50.00) or two times the full retail value 21
139	139	of the merchandise, whichever is greater, but not more than five hundred dollars ($500),; or by 22
140	140	imprisonment for not more than one year, or both; provided, any person convicted of the crime of 23
141	141	shoplifting merchandise with a retail value of over one hundred dollars ($100) who has previously 24
142	142	been convicted of shoplifting shall be guilty of a felony and shall be punished by a fine of not more 25
143	143	than five thousand dollars ($5,000), or by imprisonment of not more than five (5) years, or both. 26
144	144	(1) If the value does not exceed twenty-five dollars ($25.00), shall be punished by to up to 27
145	145	twenty (20) hours of community service, as ordered by the court; or 28
146	146	(2) If the value exceeds twenty-five dollars ($25.00), but is less than or equal to two 29
147	147	hundred fifty dollars ($250), for a first offense under this chapter, shall be punished by to up to 30
148	148	twenty (20) hours of community service, as ordered by the court; or 31
149	149	(3) If the value exceeds twenty-five dollars ($25.00), but is less than or equal to two 32
150	150	hundred fifty dollars ($250), for a second or subsequent offense under this chapter, shall be 33
151	151	punished by imprisonment for not more than three (3) months; or 34
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155	155	(4) If the value exceeds two hundred fifty dollars ($250), but is less than or equal to one 1
156	156	thousand dollars ($1000), for a first offense under this chapter, shall be punished by imprisonment 2
157	157	for not more than three (3) months; or 3
158	158	(5) If the value exceeds two hundred fifty dollars ($250), but is less than or equal to one 4
159	159	thousand dollars ($1000), for a second or subsequent offense under this chapter, shall be punished 5
160	160	by imprisonment for not more than six (6) months; or 6
161	161	(e) No person shall be charged with the offense of shoplifting if they are charged with 7
162	162	another offense for the same act. 8
163	163	(f) All monetary amounts with regard to the value of merchandise shall be increased 9
164	164	annually to reflect the rate of median income growth as adjusted by the percentage of change in 10
165	165	Rhode Island median household income. 11
166	166	SECTION 2. Section 11-41-24 of the General Laws in Chapter 11-41 entitled "Theft, 12
167	167	Embezzlement, False Pretenses, and Misappropriation" is hereby repealed. 13
168	168	11-41-24. Habitual offender. 14
169	169	Any person who shall be convicted three (3) times for the crime of shoplifting as defined 15
170	170	in § 11-41-20 or larceny as defined in § 11-41-1 or receiving stolen goods as defined in § 11-41-2, 16
171	171	or who shall have been convicted three (3) times of any combination of the crimes described in this 17
172	172	section, shall also be charged as an habitual offender and, upon conviction, shall be fined not less 18
173	173	than two hundred dollars ($200) nor more than five hundred dollars ($500) and shall be imprisoned 19
174	174	not less than six (6) months nor more than one year. 20
175	175	SECTION 3. This act shall take effect upon passage. 21
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182	182	EXPLANATION
183	183	BY THE LEGISLATIVE COUNCIL
184	184	OF
185	185	A N A C T
186	186	RELATING TO CRIMINAL OFFENSES - THEFT, EMBEZZLEMENT, FALSE PRETENSES,
187	187	AND MISAPPROPRIATION
188	188	***
189	189	This act would provide for tiered and reduced penalties for the offenses of larceny, and 1
190	190	shoplifting. This act would further provide that the offense of shoplifting, under two hundred fifty 2
191	191	dollars ($250), for a first offense, or under twenty-five dollars ($25.00), for a second or third 3
192	192	offense, would no longer be classified as a misdemeanor. This act would also repeal the habitual 4
193	193	offender mandatory minimum statute. 5
194	194	This act would take effect upon passage. 6
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