Rhode Island 2025 Regular Session

Rhode Island Senate Bill S0545 Compare Versions

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

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5	5	2025 -- S 0545
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7	7	LC000263
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9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2025
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO CRIMINAL OFFENSES -- THEFT, EMBEZZLEMENT, FALSE
16	16	PRETENSES, AND MISAPPROPRIATION
17	17	Introduced By: Senators Bell, Mack, Kallman, Quezada, Valverde, and Acosta
18	18	Date Introduced: February 26, 2025
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, 11-41-6, 11-41-7, 11-41-20 and 11-41-28 of the General 1
24	24	Laws in Chapter 11-41 entitled "Theft, Embezzlement, False Pretenses, and Misappropriation" are 2
25	25	hereby amended to read as 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	11-41-1, § 11-41-2, § 11-41-4, or § 11-41-20 shall be punished as follows, according to the value 6
29	29	of the property or money stolen, received, embezzled, fraudulently appropriated, converted, or 7
30	30	obtained, received, taken, or secreted by false pretenses or otherwise with intent to cheat, defraud, 8
31	31	embezzle, or fraudulently convert: 9
32	32	(1) If the value is less than or equal to twenty-five dollars ($25.00), the person shall be 10
33	33	punished by up to twenty (20) hours of community service, as ordered by the court, or by a fine of 11
34	34	not more than fifty dollars ($50.00); 12
35	35	(2) If the value exceeds twenty-five dollars ($25.00), but is less than or equal to two 13
36	36	hundred fifty dollars ($250), for a first offense under this chapter, the person shall be punished by 14
37	37	up to twenty (20) hours of community service, as ordered by the court, or by a fine of not more 15
38	38	than one hundred dollars ($100); 16
39	39	(3) If the value exceeds twenty-five dollars ($25.00), but is less than or equal to two 17
40	40	hundred fifty dollars ($250), for a second or subsequent offense under this chapter, the person shall 18
41	41
42	42
43	43	LC000263 - Page 2 of 14
44	44	be punished by imprisonment for not more than three (3) months or by a fine of not more than two 1
45	45	hundred fifty dollars ($250); 2
46	46	(4) If the value exceeds two hundred fifty dollars ($250), but is less than or equal to one 3
47	47	thousand dollars ($1,000), for a first offense under this chapter, the person shall be punished by 4
48	48	imprisonment for not more than three (3) months or by a fine of not more than two hundred fifty 5
49	49	dollars ($250); 6
50	50	(5) If the value exceeds two hundred fifty dollars ($250), but is less than or equal to one 7
51	51	thousand dollars ($1,000), for a second or subsequent offense under this chapter, the person shall 8
52	52	be punished by imprisonment for not more than six (6) months or by a fine of not more than two 9
53	53	hundred fifty dollars ($250); 10
54	54	(6) If the value exceeds one thousand dollars ($1000), but is less than or equal to one 11
55	55	thousand five hundred dollars ($1,500), the person shall be punished by imprisonment for not more 12
56	56	than three hundred sixty-four (364) days or by a fine of not more than five hundred dollars ($500); 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
80	80	LC000263 - Page 3 of 14
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	(d) If a person is convicted of multiple offenses punished under this section for the same 13
94	94	act, the penalties for only one of the offenses may be applied. 14
95	95	11-41-6. Attempted larceny. 15
96	96	Whoever attempts to commit larceny by doing any act toward the commission of the 16
97	97	offense, but fails in its perpetration, shall, unless otherwise provided, suffer half the same 17
98	98	punishment which might have been inflicted if the attempted offense had been committed. 18
99	99	11-41-7. Larceny from the person. 19
100	100	Every person who shall steal or attempt to steal from the person of another any money, 20
101	101	goods, chattels, or other article enumerated in § 11-41-1, shall be punished according to § 11-41-5, 21
102	102	with the maximum fine or maximum term of imprisonment or community service doubled. Every 22
103	103	person who shall attempt to steal from the person of another any money, goods, chattels, or other 23
104	104	article enumerated in § 11-41-1, shall be punished according to § 11-41-5 be imprisoned not less 24
105	105	than one year nor more than ten (10) years. 25
106	106	11-41-20. Shoplifting. 26
107	107	(a) For the purpose of this section: 27
108	108	(1) “Conceal” means to place merchandise in such a manner that it is not visible through 28
109	109	ordinary observation. 29
110	110	(2) “Full retail value” means the merchant’s stated price of the merchandise. 30
111	111	(3) “Merchandise” means any items of tangible personal property offered for sale within a 31
112	112	retail mercantile establishment. 32
113	113	(4) “Merchant” means an owner or operator of any retail mercantile establishment or any 33
114	114	agent, employee, lessee, officer, or director of the owner or operator. 34
115	115
116	116
117	117	LC000263 - Page 4 of 14
118	118	(5) “Premises of a retail mercantile establishment” includes the retail mercantile 1
119	119	establishment, and common use areas in shopping centers, and all parking areas set aside by a 2
120	120	merchant or on behalf of a merchant for the parking of vehicles for the convenience of the patrons 3
121	121	of the retail mercantile establishment. 4
122	122	(6) “Retail mercantile establishment” means any place where merchandise is displayed, 5
123	123	held, stored or offered for sale to the public. 6
124	124	(7) “Shopping cart” means those push carts of the type or types which are commonly 7
125	125	provided by grocery stores, drug stores, or other retail mercantile establishments for the use of the 8
126	126	public in transporting commodities on or from the premises of the retail mercantile establishment. 9
127	127	(b) Whoever shall engage in the following shall be guilty of the crime of shoplifting: 10
128	128	(1) Take possession of, carry away, transfer or cause to be carried away or transferred any 11
129	129	merchandise displayed, held, stored, or offered for sale by a retail mercantile establishment with 12
130	130	the intention of depriving the merchant of all or any part of the full retail value of the merchandise; 13
131	131	(2) Alter, transfer, or remove a label, price tag, marking, indicia of value or any other 14
132	132	markings which aid in determining value affixed to any merchandise displayed, held, stored or 15
133	133	offered for sale in a retail mercantile establishment and attempt to purchase or purchase the 16
134	134	merchandise personally or in consort with another at less than the full retail value with the intention 17
135	135	of depriving the merchant of all or any part of the full retail value of such merchandise; 18
136	136	(3) Transfer any merchandise displayed, held, stored or offered for sale in a retail 19
137	137	mercantile establishment from one container to another in an attempt to purchase or purchase the 20
138	138	merchandise personally or in consort with another at less than the full retail value with the intention 21
139	139	of depriving the merchant of all or any part of the full retail value of the merchandise; or 22
140	140	(4) Remove a shopping cart from the premises of a retail mercantile establishment without 23
141	141	the consent of the merchant given at the time of the removal with the intention of depriving the 24
142	142	merchant of the possession, use, or benefit of the cart. 25
143	143	(c) The fact that a person conceals upon his person, among his or her belongings, or upon 26
144	144	the person or among the belongings of another merchandise displayed, held, stored or offered for 27
145	145	sale in a retail mercantile establishment, for which he or she has not paid the full retail value, and 28
146	146	the merchandise has been taken beyond the area within the retail mercantile establishment where 29
147	147	payment for it is to be made, shall be prima facie evidence that the person has possessed, carried 30
148	148	away, or transferred the merchandise with the intention of depriving the merchant of all or part of 31
149	149	the full retail value of the merchandise without paying the full retail value of the merchandise. 32
150	150	(d) Any person convicted of the crime of shoplifting shall be guilty of a misdemeanor and 33
151	151	shall be punished according to § 11-41-5 or civil restitution to the merchant under § 11-41-28 but 34
152	152
153	153
154	154	LC000263 - Page 5 of 14
155	155	not both. If a conviction under this section is punished by civil restitution to the merchant under § 1
156	156	11-41-28, the person shall be only guilty of the civil offense of § 11-41-28 and shall not be deemed 2
157	157	guilty of a criminal offense under this section for the same act. No person may be convicted of a 3
158	158	criminal offense under this section for an act where the merchant has elected to pursue a civil action 4
159	159	pursuant to § 11-41-28.by a fine of not less than fifty dollars ($50.00) or two times the full retail 5
160	160	value of the merchandise, whichever is greater, but not more than five hundred dollars ($500), or 6
161	161	by imprisonment for not more than one year, or both; provided, any person convicted of the crime 7
162	162	of shoplifting merchandise with a retail value of over one hundred dollars ($100) who has 8
163	163	previously been convicted of shoplifting shall be guilty of a felony and shall be punished by a fine 9
164	164	of not more than five thousand dollars ($5,000), or by imprisonment of not more than five (5) years, 10
165	165	or both. 11
166	166	11-41-28. Civil restitution for shoplifting. 12
167	167	(a) An adult or emancipated minor who commits or attempts to commit a larceny of goods 13
168	168	for sale on the premises of a merchant as set forth in § 11-41-20 shall be civilly liable to the 14
169	169	merchant in an amount consisting of: 15
170	170	(1) Not more than the retail value of the merchandise if not recovered in merchantable 16
171	171	condition; plus 17
172	172	(2) A penalty of not more than one hundred dollars ($100); plus 18
173	173	(3) Court costs. 19
174	174	(b) A store employee shall be liable in a civil action for larceny of goods for sale on the 20
175	175	premises of his or her merchant employer and for larceny of cash from the merchant. The civil 21
176	176	liability to the merchant shall be in the amount consisting of: 22
177	177	(1) Not more than the value of the goods or cash; plus 23
178	178	(2) A penalty assessed of not more than one hundred dollars ($100); plus 24
179	179	(3) Court costs. 25
180	180	(c) A conviction or a plea of guilty to the offense of shoplifting is not a prerequisite to the 26
181	181	shall bar the merchant from bringing of a civil suit, obtaining a judgment, or collecting that 27
182	182	judgment under this section. 28
183	183	(d) The fact that a merchant may bring action against an individual as provided in this 29
184	184	section shall not limit the right of the merchant to demand, orally or in writing, that a person who 30
185	185	is liable for damages and penalties under this section remit the damages prior to the consideration 31
186	186	of the commencement of any legal action. 32
187	187	(e) An action for recovery of damages and penalties under this section may be brought in 33
188	188	any court of competent jurisdiction, including the small claims court of a district court, if the total 34
189	189
190	190
191	191	LC000263 - Page 6 of 14
192	192	damages do not exceed the jurisdictional limit of the small claims court. 1
193	193	(f) The provisions of this section shall not be construed to prohibit or limit any other course 2
194	194	of action permitted by law which a merchant may have against a person who unlawfully takes 3
195	195	merchandise from the merchant’s premise. 4
196	196	(g) If the person to whom a written demand is made complies with the demand within 5
197	197	twenty (20) days after the receipt of the demand, that person shall be given a written release from 6
198	198	further civil liability with respect to the specific act of retail theft; provided, that written demand 7
199	199	shall not include penalties. 8
200	200	SECTION 2. Sections 11-41-8, 11-41-9, 11-41-10, 11-41-14.1, 11-41-19, 11-41-20.1, 11-9
201	201	41-24, 11-41-25.1, 11-41-29, 11-41-30 and 11-41-33 of the General Laws in Chapter 11-41 entitled 10
202	202	"Theft, Embezzlement, False Pretenses, and Misappropriation" are hereby repealed. 11
203	203	11-41-8. Stealing of animals. 12
204	204	Every person who shall steal or attempt to steal any horse or other domestic animal shall 13
205	205	be punished by imprisonment for not more than one year or by a fine of not more than five hundred 14
206	206	dollars ($500), or both; in case a fine is imposed, one-half (½) shall inure to the use of the 15
207	207	complainant. 16
208	208	11-41-9. Theft of poultry — Receiving stolen poultry. 17
209	209	Every person who steals poultry from any building or enclosure in which poultry are kept 18
210	210	or confined, or whoever shall receive poultry, knowing it to have been stolen, shall be punished by 19
211	211	imprisonment for not more than one year or by fine of not more than five hundred dollars ($500), 20
212	212	or by both. One-half (½) of any fine imposed under this section shall inure to the complainant. 21
213	213	11-41-10. Robbing of fish nets and weirs. 22
214	214	Every person who shall rob or draw any fishpot, weir, or net belonging to any other person 23
215	215	shall be fined not exceeding twenty dollars ($20.00). 24
216	216	11-41-14.1. Concealment of book or other property while on premises of library — 25
217	217	Removal of book or other property from library. 26
218	218	(a) Whoever, without authority, with the intention of converting to his or her own or 27
219	219	another’s use, willfully conceals a book or other library property, while still on the premises of the 28
220	220	library, or willfully or without authority removes any book or other library property from any of 29
221	221	the libraries or collections set forth in § 11-44-15, shall be deemed guilty of larceny, and upon, 30
222	222	conviction, shall be punished as provided by § 11-41-5 and shall be ordered to make restitution to 31
223	223	the library in the full retail value of the books or library property. 32
224	224	(b) Any person reasonably believed to have committed or to be committing the crime set 33
225	225	forth in subsection (a) of this section shall be subject to detention by a police officer in accordance 34
226	226
227	227
228	228	LC000263 - Page 7 of 14
229	229	with § 12-7-1. 1
230	230	(c) Any employee or agent of a library, eighteen (18) years of age or older, who observes 2
231	231	any person willfully concealing or attempting to conceal books or other library property on his or 3
232	232	her person or amongst his or her belongings or upon the person or amongst the belongings of 4
233	233	another, and leaving the premises with the books or other library property without first having an 5
234	234	employee or agent record the removal of the property, or injuring or destroying books and other 6
235	235	library property as set forth in § 11-44-15, may stop the person. Immediately upon stopping the 7
236	236	person the library employee shall identify himself or herself and state the reason for stopping the 8
237	237	person. If after the initial confrontation with the person under suspicion, the library employee has 9
238	238	reasonable grounds to believe that at the time stopped the person was committing or attempting to 10
239	239	commit the crime of larceny as set forth in this section or the misdemeanor set forth in § 11-44-15, 11
240	240	the employee or agent may detain the person for a time sufficient to summon a police officer to the 12
241	241	library. In no case shall the detention be for a period of more than one-half (½) hour. The detention 13
242	242	must be accomplished in a reasonable manner without unreasonable restraints or excessive force, 14
243	243	and may take place only on the premises of the library where the alleged crime occurred. Library 15
244	244	premises includes the interior of a building, structure, or other enclosure in which a library facility 16
245	245	is located, the exterior appurtenances to any building, structure, or enclosure, and the land on which 17
246	246	the building, structure, or other enclosure is located. Any person so stopped by an employee or 18
247	247	agent of a library shall promptly identify himself or herself by name and address. Once placed 19
248	248	under detention, no other information shall be required of the person and no written and/or signed 20
249	249	statement shall be elicited from him or her until a police officer has taken him or her into custody. 21
250	250	The employee or agent may however examine, for the purposes of ascertaining whether any book 22
251	251	or other library property has been properly checked out by the person, the property which the 23
252	252	employee has reasonable grounds to believe were unlawfully taken in violation of this chapter or 24
253	253	injured or destroyed in violation of chapter 44 of title 11. Should the person detained refuse to 25
254	254	surrender the item for examination, a limited and reasonable search may be conducted. Only 26
255	255	packages, shopping bags, handbags, or other property in the immediate possession of the person 27
256	256	detained, but not including any clothing worn by the person, may be searched. 28
257	257	(d) For the purposes of this chapter, “reasonable grounds” includes knowledge that a person 29
258	258	has concealed or injured a book or other library property while on the premises or is leaving the 30
259	259	premises with the library property without having an employee of the library record the removal of 31
260	260	the property from the premises. 32
261	261	(e) In detaining a person whom the employee or agent of the library has reasonable grounds 33
262	262	to believe is committing the crime of larceny set forth in this chapter or the misdemeanor set forth 34
263	263
264	264
265	265	LC000263 - Page 8 of 14
266	266	in chapter 44 of title 11, the employee or agent may use a reasonable amount of non-deadly force 1
267	267	when and only when that force is necessary to protect himself or herself or to prevent the escape of 2
268	268	the person being detained or the loss of his or her property. 3
269	269	(f) In any civil action by a person detained under these sections against the library or 4
270	270	employee or agent of the library so detaining him or her arising out of the detention, evidence that 5
271	271	the defendant had reasonable grounds to believe that the plaintiff was at the time in question 6
272	272	committing or attempting to commit the crime set forth in either section shall create a rebuttable 7
273	273	presumption that the plaintiff was so committing or attempting to commit the crime. 8
274	274	11-41-19. Refusal to return rental battery. 9
275	275	Every person having in his or her possession any electric storage battery, the property of 10
276	276	another, who neglects or refuses for a period of fourteen (14) days after demand for it shall have 11
277	277	been made to deliver it to its owner, shall be guilty of a misdemeanor and shall be fined not more 12
278	278	than twenty dollars ($20.00), and shall be liable to the owner in an action of the case for the value 13
279	279	of the electric storage battery at the time it was delivered to the person. Demand for the return of 14
280	280	an electric storage battery shall be made in writing and shall be served upon the person upon whom 15
281	281	demand is made by leaving it in his or her hands and possession or by sending it to him or her, 16
282	282	postage fully prepaid, by registered or certified mail, to the address given by him or her at the time 17
283	283	he or she received the battery. 18
284	284	11-41-20.1. Shoplifting — Use of implements in concealment. 19
285	285	Whoever shall willfully take possession of any goods, wares, or merchandise offered for 20
286	286	sale by any store or other mercantile establishment, or whoever shall willfully conceal upon his or 21
287	287	her person, among his belongings, or upon the person or among the belongings of another 22
288	288	unpurchased goods, wares, or merchandise of any store or other mercantile establishment either 23
289	289	inside the store or other mercantile establishment or outside, but in its immediate vicinity, with the 24
290	290	intention of converting it to his or her own use without paying the purchase price, with intention of 25
291	291	depriving the owner of all or some part of the value, while wearing any article of clothing, or 26
292	292	carrying any implement of any kind specifically designed or adapted for the purpose of concealing, 27
293	293	carrying away, or otherwise unlawfully removing any merchandise from a store, knowing the 28
294	294	clothing or implement to be designed or adapted for that purpose, with the intent to use or employ 29
295	295	it or allow it be used or employed for an unlawful purpose, shall be guilty of a felony and shall be 30
296	296	punished by a fine of not less than five hundred dollars ($500) nor more than five thousand dollars 31
297	297	($5,000) or by imprisonment for not more than five (5) years, or both. 32
298	298	11-41-24. Habitual offender. 33
299	299	Any person who shall be convicted three (3) times for the crime of shoplifting as defined 34
300	300
301	301
302	302	LC000263 - Page 9 of 14
303	303	in § 11-41-20 or larceny as defined in § 11-41-1 or receiving stolen goods as defined in § 11-41-2, 1
304	304	or who shall have been convicted three (3) times of any combination of the crimes described in this 2
305	305	section, shall also be charged as an habitual offender and, upon conviction, shall be fined not less 3
306	306	than two hundred dollars ($200) nor more than five hundred dollars ($500) and shall be imprisoned 4
307	307	not less than six (6) months nor more than one year. 5
308	308	11-41-25.1. Theft of motor fuel. 6
309	309	Every person who shall leave the premises of a retail motor fuel dealer without paying said 7
310	310	dealer for fuel taken shall be guilty of larceny. Any person convicted of violating this section, and 8
311	311	the retail value of the fuel taken was five hundred dollars ($500) or less, shall be punished by 9
312	312	imprisonment for not more than one year or a fine of not more than five hundred dollars ($500) or 10
313	313	both. Any person convicted of violating this section, and the retail value of the fuel taken exceeds 11
314	314	five hundred dollars ($500), shall be punished by imprisonment for not more than ten (10) years or 12
315	315	by a fine of not more than five thousand dollars ($5,000) or both. 13
316	316	11-41-29. Insurance fraud — Prohibited activities. 14
317	317	(a) When used in this section: 15
318	318	(1) “Insurer” means, but is not limited to, an authorized insurer, self-insurer, re-insurer, 16
319	319	broker, producer, or any agent of them. 17
320	320	(2) “Larceny” means the crime of larceny established in this chapter and by common law, 18
321	321	including the requirement of specific intent. 19
322	322	(3) “Person” means any individual, partnership, association, firm, corporation, or any other 20
323	323	legal entity. 21
324	324	(4) “Statement” means, but is not limited to, any written notice, statement, proof of loss, 22
325	325	bill of lading, receipt for payment, invoice, account, estimate of property damages, bills for 23
326	326	services, diagnosis, prescription, hospital or doctor records, x-rays, test result or other evidence of 24
327	327	loss, injury or expense. 25
328	328	(b)(1) Every person who, with the intent to deceive, prepares or assists, abets, or solicits 26
329	329	another to prepare or make any written statement that is intended to be presented to any insurer in 27
330	330	connection with, or in support of, any application for the issuance of an insurance policy, knowing 28
331	331	that the statement contains any false information material to the application, shall be guilty of a 29
332	332	misdemeanor, and, upon conviction, shall be punished by a fine of not more than one thousand 30
333	333	dollars ($1,000), or by imprisonment for a period of not more than one year, or both. 31
334	334	(2) Every person who, with the intent to deceive, prepares or assists, abets, or solicits 32
335	335	another to prepare or make any written statement, including computer-generated documents, that 33
336	336	is intended to be presented to any insurer in connection with, or in support of, any claim for payment 34
337	337
338	338
339	339	LC000263 - Page 10 of 14
340	340	or other benefit pursuant to an insurance policy, knowing that the statement contains any false 1
341	341	information material to the claim, shall be guilty of a misdemeanor, and, upon conviction, shall be 2
342	342	punished by a fine of not more than one thousand dollars ($1,000), or by imprisonment for a period 3
343	343	of not more than one year, or both. 4
344	344	(3) Every person who, with the intent to deceive, presents or causes to be presented to any 5
345	345	insurer any written statement, including computer-generated documents, as part of or in support of 6
346	346	a claim for payment or other benefit pursuant to an insurance policy, knowing that the statement 7
347	347	contains false information material to the claim, shall be deemed guilty of larceny. 8
348	348	(4) Every person who, with the intent to deceive, presents or causes to be presented to any 9
349	349	claimant any written statement, including computer-generated documents, as part of or in support 10
350	350	of its contest of any claim for payment or other benefit pursuant to an insurance policy, knowing 11
351	351	that the statement contains any false information material to the claim, shall be deemed guilty of 12
352	352	larceny. 13
353	353	11-41-30. Fraud as to health insurer. 14
354	354	Every person who shall obtain health care services from a provider of those services by 15
355	355	any false pretense or pretenses with intent to cheat or defraud a health care services insurer or a 16
356	356	service corporation organized under chapters 18, 19, 20, 20.1, 20.2 or 41 of title 27 shall be deemed 17
357	357	guilty of larceny. 18
358	358	11-41-33. Larceny of farm products. 19
359	359	(a) Definitions. As used in this section: 20
360	360	(1) “Farm product” means goods used in a farming operation, including, but not limited to: 21
361	361	(i) Crops grown, growing, or to be grown, including, but not limited to, crops produced on 22
362	362	trees, vines, and bushes, aquatic goods produced in aquacultural operations, and horticultural and 23
363	363	forestry products; 24
364	364	(ii) Livestock, born or unborn, including aquatic goods produced in aquacultural 25
365	365	operations; 26
366	366	(iii) Supplies used or produced in a farming operation; or 27
367	367	(iv) Products of crops or livestock in their unmanufactured states. 28
368	368	(2) “Farming operation” means the commercial raising, cultivating, propagating, fattening, 29
369	369	grazing, or any other farming, livestock, or aquacultural, horticultural or forestry operation, 30
370	370	whereby the operation is eligible to be classified as a farm pursuant to the provisions of chapter 27 31
371	371	of title 44. 32
372	372	(3) “Value” means credible evidence that establishes the worth of the farm product on the 33
373	373	day of the theft in comparison with a farm product of the same variety and weight. 34
374	374
375	375
376	376	LC000263 - Page 11 of 14
377	377	(b) It shall be unlawful for any person to steal a farm product that is the property of a 1
378	378	farming operation, from the farm itself, or the place where the farm product is sold. 2
379	379	(c) Any person found in violation of this section shall be guilty of a felony if the wholesale 3
380	380	value of the farm product is two hundred and fifty dollars ($250) or more, and, upon conviction, 4
381	381	shall be subject to imprisonment of not more than five (5) years, a fine of not more than five 5
382	382	thousand dollars ($5,000), or both. 6
383	383	(d) Any person found in violation of this section shall be guilty of a misdemeanor if the 7
384	384	wholesale value of the farm product is less than two hundred and fifty dollars ($250) and, upon 8
385	385	conviction, shall be subject to imprisonment of no more than one year, a fine of not more than one 9
386	386	thousand dollars ($1,000), or both. 10
387	387	SECTION 3. Section 40-6-8.1 of the General Laws in Chapter 40-6 entitled "Public 11
388	388	Assistance Act" is hereby amended to read as follows: 12
389	389	40-6-8.1. Prohibited uses of electronic benefit transfer cards. 13
390	390	(a) The department shall adopt rules prohibiting purchases with cash assistance funds held 14
391	391	on electronic benefit transfer cards in venues as described in this section. 15
392	392	(b) The department is hereby empowered, and shall maintain policies and practices as 16
393	393	necessary, to prohibit cash assistance provided under this chapter from being used in any electronic 17
394	394	benefit transfer transaction at: 18
395	395	The following establishments shall not be permitted to accept electronic benefit transfer 19
396	396	cards or allow cash withdrawals from electronic benefit transfer cards on their premises: 20
397	397	(1) Liquor stores (holding solely a retailers class A license); 21
398	398	(2) Casinos or at facilities that conduct casino gaming as defined in chapter 61.2 of title 42; 22
399	399	(3) Gambling facilities as defined by chapter 9 of title 41; 23
400	400	(4) Retail establishments that provide adult-oriented entertainment in which performers 24
401	401	disrobe or perform in an unclothed state for entertainment as defined in the Social Security Act, 42 25
402	402	U.S.C. § 608(a). 26
403	403	(c) Eligible recipients of direct-cash assistance, who use cash assistance funds held on 27
404	404	electronic benefit transfer cards in such establishments, shall, for a first offense, have their cash 28
405	405	assistance reduced for one month by the portion of the family’s benefit attributable to one parent, 29
406	406	in accordance with rules and regulations promulgated by the department; for a second offense, have 30
407	407	their cash assistance reduced for three (3) months by the portion of the family’s benefit attributable 31
408	408	to one parent, in accordance with rules and regulations promulgated by the department; and for a 32
409	409	third offense, shall be disqualified from the direct-cash assistance program for a period of one year. 33
410	410	It shall be the responsibility of the establishment to prevent the usage of electronic benefit 34
411	411
412	412
413	413	LC000263 - Page 12 of 14
414	414	transfer cards. No recipient of cash assistance may be punished for utilizing an electronic benefit 1
415	415	transfer card at an establishment listed in subsection (b) of this section. 2
416	416	(d) A store owner who commits fraud against the department of human services by 3
417	417	violating § 11-41-34, and who also possesses a license to sell alcoholic beverages under chapter 7 4
418	418	of title 3, shall be referred to the appropriate licensing authority for possible disciplinary action 5
419	419	pursuant to title 3. 6
420	420	(e) A store owner who commits fraud against the department of human services by 7
421	421	violating § 11-41-34, and who also possesses a license to sell lottery tickets under chapter 61 of 8
422	422	title 42, shall be referred to the director of the state lottery for possible disciplinary action. 9
423	423	(f) The operator of an automated teller machine (ATM) located on the premises of an 10
424	424	establishment listed in subsection (b) of this section shall not permit withdrawals from electronic 11
425	425	benefit transfer cards. An automated teller machine (ATM) operator that permits the withdrawal 12
426	426	of funds from an automated teller machine (ATM) located on the premises of an establishment 13
427	427	listed in subsection (b) of this section shall be civilly liable to the holder of the electronic benefit 14
428	428	card for twice the amount of the withdrawal, plus one hundred dollars ($100), plus court costs. 15
429	429	SECTION 4. Sections 40-6-15 and 40-6-16 of the General Laws in Chapter 40-6 entitled 16
430	430	"Public Assistance Act" are hereby repealed. 17
431	431	40-6-15. Fraudulently obtaining assistance. 18
432	432	Any person who by any fraudulent device obtains, or attempts to obtain, or aids or abets 19
433	433	any person to obtain, public assistance, pursuant to this chapter, to which he or she is not entitled, 20
434	434	or who willfully fails to report income or resources as provided in this chapter, shall be guilty of 21
435	435	larceny and, upon conviction thereof, shall be punished by imprisonment of not more than five (5) 22
436	436	years or by a fine of not more than one thousand dollars ($1,000), or both, if the value of the public 23
437	437	assistance to which he or she is not entitled shall exceed five hundred dollars ($500); or by 24
438	438	imprisonment by less than one year or by a fine of not more than five hundred dollars ($500), or 25
439	439	by both, if the value of the public assistance to which he or she is not entitled shall not exceed five 26
440	440	hundred dollars ($500). 27
441	441	40-6-16. Fraudulent use of food stamps. 28
442	442	(a) Any person who by any fraudulent device obtains, or attempts to obtain, or aids or abets 29
443	443	any person to obtain, food stamps issued pursuant to the Food Stamp Act of 1964, as amended, 7 30
444	444	U.S.C. § 2011 et seq., shall be guilty of larceny, and upon conviction thereof, shall be punished by 31
445	445	imprisonment of not more than five (5) years or by fine of not more than one thousand dollars 32
446	446	($1,000), or both, if the value of the food stamps to which one is not entitled shall exceed five 33
447	447	hundred dollars ($500); or by imprisonment by less than one year or by a fine of not more than five 34
448	448
449	449
450	450	LC000263 - Page 13 of 14
451	451	hundred dollars ($500), or both, if the value of the food stamps to which one is not entitled, shall 1
452	452	not exceed five hundred dollars ($500). 2
453	453	(b) Upon conviction of the felony or misdemeanor, the individual shall be ineligible to 3
454	454	participate in the food stamp program for not less than six (6) and not more than twenty-four (24) 4
455	455	months, as determined by the court; provided, that the disqualification applies only to the individual 5
456	456	so convicted and does not render the entire household ineligible for the program. 6
457	457	SECTION 5. This act shall take effect upon passage. 7
458	458	========
459	459	LC000263
460	460	========
461	461
462	462
463	463	LC000263 - Page 14 of 14
464	464	EXPLANATION
465	465	BY THE LEGISLATIVE COUNCIL
466	466	OF
467	467	A N A C T
468	468	RELATING TO CRIMINAL OFFENSES -- THEFT, EMBEZZLEMENT, FALSE
469	469	PRETENSES, AND MISAPPROPRIATION
470	470	***
471	471	This act would provide for tiered and reduced penalties for the offenses of larceny, and 1
472	472	shoplifting. This act would further provide that the offense of shoplifting, under two hundred fifty 2
473	473	dollars ($250), for a first offense, or under twenty-five dollars ($25.00), for a second or third 3
474	474	offense, would no longer be classified as a misdemeanor. This act would also repeal the habitual 4
475	475	offender mandatory minimum statute, certain specified larceny offenses, and would also repeal 5
476	476	criminal offenses involving insurance fraud, health care fraud, fraud involving obtaining public 6
477	477	assistance and fraudulent use of food stamps. 7
478	478	This act would take effect upon passage. 8
479	479	========
480	480	LC000263
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482	482