RELATING TO CRIMINAL OFFENSES -- GENERAL PROVISIONS
Summary
H7198 amends Rhode Island’s general criminal provisions to further define how offenses are classified as felonies, misdemeanors, petty misdemeanors, and violations. Under the bill, a felony remains an offense punishable by more than one year of imprisonment or more than a $1,000 fine. A misdemeanor is defined as an offense punishable by more than six months and up to one year of imprisonment, or by a fine of more than $1,000; a petty misdemeanor covers offenses punishable by six months or less, or by fines between $500 and $1,000; and a violation is limited to offenses punishable only by a fine of $500 or less.
The bill also adds a new interpretive rule stating that whenever the phrase “one year” appears in the general or public laws as the maximum imprisonment sentence, it must be read and applied as 364 days. The act would take effect immediately upon passage.
Impact
This bill would change Rhode Island’s criminal code by standardizing the way sentence lengths are interpreted for offense classification, especially by converting references to a one-year maximum sentence into 364 days. That change can affect how offenses are charged, classified, and potentially how collateral consequences attach under state law, since the distinction between a misdemeanor and felony often turns on the maximum term of imprisonment. It would apply broadly across the general and public laws wherever the phrase “one year” is used in this sentencing context.
Sentiment
There is no recorded committee transcript or vote history provided with the bill, so no formal support or opposition can be measured from the available materials. Based on the text alone, the bill appears technical and clarifying in nature rather than controversial, aimed at refining criminal offense classifications and sentence terminology.
Contention
No specific points of contention are documented in the available record. The main issue the bill raises is the legal effect of redefining “one year” as 364 days, which may matter to prosecutors, defense attorneys, courts, and policymakers because it can alter offense grading and sentencing thresholds. Any disagreement would likely center on whether this is a harmless clarification or a substantive change to criminal exposure and classification.
Provides for tiered and reduced penalties for offenses of larceny, and shoplifting. Further provides that offenses of shoplifting or larceny would not be misdemeanors, repeals habitual offender provisions and other fraudulent offenses.
Reduces penalties for non-violent drug offenses and provide for terms of imprisonment of not more than 10 years for any drug offense and would repeal certain other offenses.
Provides that a person over 18 yrs can purchase/possess a stun gun or electronic dart gun, prohibits sale of a stun gun or electronic dart gun to anyone under18 yrs, and criminalizes the use of a stun gun or electronic dart gun in any criminal offense.