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H7198ACriminal Procedure

Criminal Offenses - General Provisions

This bill redefines criminal classifications, changing the maximum prison sentence for misdemeanors from one year to 364 days.

Introduced32 Yea6 Nay0 Not voting
Population
Affected
25
Email Legislator
Introduced Jan 21, 2026Committee House Judiciary

Plain-English Summary

This bill changes how crimes are classified in Rhode Island based on their maximum punishments. A felony is now defined strictly by a prison sentence of more than one year, removing fine amounts from the definition. A misdemeanor is redefined as a crime punishable by more than six months but no more than 364 days in prison, or a fine over $1,000. Furthermore, any existing law that sets a maximum prison sentence of "one year" will automatically be interpreted and applied as a maximum of 364 days. It also updates fine thresholds for petty misdemeanors and violations.

For younger readers

When people break the law, the rules say how they should be punished. Some rules say a person can go to jail for up to "one year" for certain crimes. This new bill changes those rules so that "one year" actually means 364 days, which is one day less than a full year. It also changes the dollar amounts of the fines people have to pay for different types of crimes to help organize which crimes are more serious than others.

Who & Where It Applies

Impacted groups
Non-citizen residentsCriminal defendantsJudgesProsecutorsLaw enforcement
Impacted communities
All

Constitutional & Fiscal Check

None Likely

Estimated cost
None
Estimated revenue
Amount unknown

Bill Analysis

Both viewpoints
For Progressives
  • Reduces the maximum sentence for misdemeanors to 364 days, protecting non-citizen residents from automatic deportation triggered by federal immigration laws at the 365-day mark.
  • Decouples large fines from the definition of a felony, preventing individuals from being branded as felons solely because of a high financial penalty.
  • Helps mitigate the long-term systemic impacts of the criminal justice system by minimizing the severe collateral consequences associated with one-year sentences.
  • The delayed effective date of July 1, 2027, means that vulnerable immigrant populations will continue to face disproportionate deportation consequences for several more years.
  • Fails to retroactively apply the 364-day limit, meaning individuals previously convicted and sentenced to exactly one year may still suffer severe collateral consequences.
  • Does not completely eliminate the use of imprisonment or monetary fines for minor offenses, leaving the punitive nature of the justice system largely intact.
For Conservatives
  • Provides clearer, more precise legal definitions for criminal classifications, enhancing the predictability and standardized application of the rule of law.
  • Maintains the traditional structure of criminal penalties, ensuring that serious crimes are still punishable by appropriate lengths of imprisonment.
  • Allows for higher fines to be levied for misdemeanors and petty misdemeanors without elevating the crime to a felony, potentially increasing financial accountability for offenders.
  • Changing the maximum misdemeanor sentence to 364 days is specifically designed to circumvent federal immigration laws, shielding criminal aliens from deportation.
  • Reduces the maximum amount of time an offender can be kept in jail for a misdemeanor, potentially compromising public safety and softening deterrence.
  • By removing the felony classification for offenses based solely on fines over $1,000, the bill may downgrade the seriousness of significant financial infractions.

Votes

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Full Bill Text

2 versions
Changes to existing Rhode Island law · 11 additions · 6 deletions

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 on July 1, 2027.