Bill Sponsors
Acosta, LaMountain, Mack, Quezada, Vargas, Ujifusa, Britto, Gu, Murray, McKenney, and Urso
Committee
Senate Judiciary
Summary
Select
This legislation amends the Rhode Island General Laws to change the definition and sentencing parameters for misdemeanors. Specifically, it reduces the maximum prison sentence for a misdemeanor from "one year" to "364 days." It explicitly states that any reference in state law to a maximum sentence of "one year" should be interpreted as 364 days. Additionally, it adjusts the monetary fine thresholds that distinguish between petty misdemeanors and misdemeanors, defining a petty misdemeanor as an offense punishable by a fine between $500 and $1,000.
Sponsor
Analysis
Pros for Progressives
- Protects immigrants and legal residents from deportation, as federal law often triggers deportation proceedings for sentences of "one year or more," even for minor state offenses.
- Reduces the maximum length of incarceration for misdemeanor offenses, aligning with efforts to reduce mass incarceration and reliance on jail time.
- Distinguishes low-level "petty misdemeanors" more clearly from other crimes, potentially reducing the long-term stigma and collateral consequences for minor infractions.
Cons for Progressives
- Maintains and potentially increases financial penalties (fines over $1,000 for misdemeanors), which disproportionately harms low-income individuals and criminalizes poverty.
- Does not abolish incarceration for non-violent misdemeanors, continuing the practice of jailing individuals for relatively minor offenses.
- The change to 364 days is a technical workaround rather than a comprehensive reform of the penal code or a meaningful reduction in actual time served for most inmates.
Pros for Conservatives
- Clarifies the statutory definitions of crimes, ensuring a strict legal distinction between felonies, misdemeanors, and petty misdemeanors.
- Establishes a higher floor for misdemeanor fines (over $1,000), ensuring that those convicted of these crimes face significant financial accountability.
- Standardizes sentencing guidelines across the state, preventing judicial activism where judges might interpret "one year" inconsistently.
Cons for Conservatives
- Creates a deliberate loophole to circumvent federal immigration laws, preventing the deportation of non-citizens who commit crimes that would otherwise trigger removal.
- Weakens the penal code by reducing the maximum sentence for criminals, potentially signaling a "soft on crime" approach to lawbreakers.
- Undermines the plain English meaning of the law by mandating that "one year" essentially means "not one year" (364 days), creating confusion and disrespect for legal terminology.
Constitutional Concerns
None Likely
Impact Overview
Groups Affected
- Immigrants
- Criminal Defendants
- Judges
- Prosecutors
- Defense Attorneys
Towns Affected
All
Cost to Taxpayers
None
Revenue Generated
Amount unknown
BillBuddy Impact Ratings
Importance
Measures population affected and overall level of impact.
Freedom Impact
Level of individual freedom impacted by the bill.
Public Services
How much the bill is likely to impact one or more public services.
Regulatory
Estimated regulatory burden imposed on the subject(s) of the bill.
Clarity of Bill Language
How clear the language of the bill is. Higher ambiguity equals a lower score.
Enforcement Provisions
Measures enforcement provisions and penalties for non-compliance (if applicable).
Environmental Impact
Impact the bill will have on the environment, positive or negative.
Privacy Impact
Impact the bill is likely to have on the privacy of individuals.
Bill Status
Current Status
Held
Comm Passed
Floor Passed
Law
History
• 01/09/2026 Introduced, referred to Senate Judiciary
Bill Text
SECTION 1. Section 11-1-2 of the General Laws in Chapter 11-1 entitled "General Provisions" is hereby amended to read as follows:
11-1-2. Felony, misdemeanor — Petty misdemeanor, and violation distinguished.
(a) Unless otherwise provided, any criminal offense which at any given time may be punished by imprisonment for a term of more than one year, or by a fine of more than one thousand dollars ($1,000), is declared to be a felony; any criminal offense which may be punishable by imprisonment for a term of more than six (6) months and not exceeding one year, or by a fine of not more than one thousand dollars ($1,000), or both, is declared to be three hundred sixty-four (364) days, or solely by a fine of more than one thousand dollars ($1,000), or both, is declared to be a misdemeanor; any criminal offense which may be punishable by imprisonment for a term not exceeding six (6) months or solely by a fine of not more than five hundred dollars ($500), or both, and not more than one thousand dollars ($1,000) is declared to be a petty misdemeanor; and any offense which may be punished by only a fine of not more than five hundred dollars ($500) is declared to be a violation.
(b) Whenever the phrase "one year" appears in any provision of the general or public laws in reference to the maximum sentence of imprisonment that may be imposed, such phrase shall mean, be interpreted as, and be applied as three hundred sixty-four (364) days.
SECTION 2. This act shall take effect upon passage.
11-1-2. Felony, misdemeanor — Petty misdemeanor, and violation distinguished.
(a) Unless otherwise provided, any criminal offense which at any given time may be punished by imprisonment for a term of more than one year
(b) Whenever the phrase "one year" appears in any provision of the general or public laws in reference to the maximum sentence of imprisonment that may be imposed, such phrase shall mean, be interpreted as, and be applied as three hundred sixty-four (364) days.
SECTION 2. This act shall take effect upon passage.