February 14, 2011
Bills Introduced to the Rhode Island Senate (Judiciary Committee), February 8-10
Carroll Andrew Morse
Significant Rewrites with Statewide Impact
| S0214 | Prohibits landlords from asking about immigration status. |
| S0216 | Allows expungement of a criminal record in 5 years instead of 10 under certain circumstances. |
| S0219 | From the official description: "This act would amend the law banning racial profiling in traffic stops by state and municipal law enforcement agencies by imposing additional requirements upon law enforcement agencies to collect data and complete regular reports of findings and statistics regarding traffic stops". Companion to H5263 |
| S0220 | "An applicant for an operator's or chauffeur's license shall be required to present an identity document, a document with the applicant's signature, and two (2) documents providing proof of residency in Rhode Island". |
| S0222 | Privileges communications between public-safety personnel and their "critical incident stress management team or peer-support members". Companion to H5308. |
| S0224 | From the official description: "This act would prohibit an employer from refusing to hire a person...or for a governmental agency from denying an individual a license to work in a particular trade or business based solely on that individual having a criminal record, with certain exceptions". |
| S0228 | Changes to regulations on historical cemeteries. |
| S0233 | Changes to campaign finance law. |
| S0242 | From the official description: "This act would make unlawful the use of a non-hands-free mobile telephone while operating a motor vehicle, except for public safety personnel". |
| S0248 | Requires the Rhode Island Broadcasters association to establish a website for the publication of legal notices, and all members to announce the website at least once per day. |
| S0270 | Makes possession of less than an ounce of marijuana into a civil offense. |
Targeted Changes with Statewide Impact
| S0210 | Prisoners must be paid interest on the earnings while in prison when released. |
| S0211 | A police officer in his or her jurisdiction with the intent to stop someone from a motor vehicle violation has authority to do so, if during pursuit they cross into another jurisdiction. (As the law is currently written, the officer must already have the intent to arrest the operator, in order to retain authority when crossing out of his or her municipality. |
| S0215 | Makes the entirety of employment contracts with the government part of the public record. |
| S0217 | Choking someone is a felony, even if it does not result in serious bodily injury. Companion to H5087 |
| S0218 | Extends the life of a task force working on the improvement of lineup procedures in RI. Companion to H5090. |
| S0221 | An ambiguous change to election law that I can't quite decipher. |
| S0223 | Makes clear that any party to a civil action who is over 65 years age can request an acceleration of the action. Companion to H5259 |
| S0225 | Prevents landlords from refusing tenants on the basis of "government assistance recipient status" (with an exception for owner occupied properties of 3 or fewer units). |
| S0226 | Increases the (approximate) maximum size of voting districts in RI from 1,900 to 3,000 voters. |
| S0227 | Exempts cemeteries from adverse possession laws. |
| S0229 | Administrators and magistrates, currently appointed by judges, would be appointed by the Governor from a list of candidates selected by a judicial nominating commission. Companion to H5091. |
| S0230 | From the official description: "This act would establish a putative father registry establishing procedures relating to paternity". |
| S0231 | Allows school committees to publish notice of their meetings electronically. |
| S0232 | Ends the master lever, version I |
| S0234 | A conservation or preservation restriction may not be terminated or amended...without the prior approval of the superior court in an action in which the attorney general has been made a party. |
| S0235 | Increases the term of imprisonment for a third violation of driving under the influence of liquor or drugs. (Also extends the window for defining a third violation from 5 to 25 years). |
| S0236 | Applicants for DCYF jobs would be required to undergo a BCI check. Companion to H5222 |
| S0238 | Ends the master lever, version II |
| S0239 | The official description says: "This act would clarify that conservation easements are not terminated if a property is merged or sold at a tax sale", but rather unusually for legislative language, the actual bill adds an example to some very technical legal language. Companion to H5309 |
| S0240 | Smoking is prohibited in vehicles where there is a child who is required to be in a car-seat. (But why is this going to the Judiciary committee?) |
| S0241 | Increases term of imprisonment for a second violation for "driving under the influence of liquor or drugs, resulting in serious bodily injury" |
| S0244 | Redefines "first-time offender" for purposes of expungement. |
| S0245 | From the official description: "This act would reduce the statutory interest in civil actions from twelve percent (12%) to six percent (6%)". |
| S0246 | Parents cannot legally allow their children to use or consume alcohol "in any establishment licensed to sell or serve alcoholic beverages". |
| S0247 | From the official description: "This act would limit liability of a tortfeasor to only several damages if it is found that the defendant is no more than twenty-five percent (25%) liable". |
| S0248 | Requires the Rhode Island Broadcasters association to establish a website for the publication of legal notices, and all members to announce the website at least once per day. |
| S0249 | "In computing the term of any parole, or probation under this chapter, a prisoner or parolee shall be entitled to a sentence reduction of up to fifteen (15) days for every month of parole or probation completed without incident to be determined by the parole board". |
| S0269 | Imposes fines and possible suspensions for motor vehicle accidents caused by drivers who stuff themselves into an intersection trying to beat the light (and also if they just outright ran the light). |
Comments
"This act would reduce the statutory interest in civil actions from twelve percent (12%) to six percent (6%)".
Well, ain't that about time! It was raised to 12 during the 70's, the days of 18% mortgages, although it wasn't regarded as temporary.
I can't see why it should exceed the rate on any "secure" investment, let's say Treasury Notes.
Posted by: Warrington Faust at February 14, 2011 11:10 PM"Requires the Rhode Island Broadcasters association to establish a website for the publication of legal notices,"
More of a change than might appear. Courts currently direct the newspaper in which it is to be published, giving that paper a monopoly. Legal notices are fiercely expensive.
"Prevents landlords from refusing tenants on the basis of "government assistance recipient status" (with an exception for owner occupied properties of 3 or fewer units)."
See my previous comments on "exemptions". Why is it that small landlords are "holier, and closer to God" than "big landlords"?
"Prohibits landlords from asking about immigration status."
And why should that be? If the tenant is "illegal", isn't the landlord an "accessory"?
Posted by: Warrington Faust at February 14, 2011 11:23 PM