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H8463ACriminal Procedure

Criminal Procedure - Arrest

This bill makes it illegal for inmates to use force or weapons to resist a correctional officer's lawful orders.

Introduced25 Yea13 Nay0 Not voting
Population
Affected
15
Email Legislator
Introduced Apr 17, 2026Committee House Judiciary

Plain-English Summary

This bill makes it illegal for anyone in the custody of the Rhode Island Department of Corrections to use force or a weapon to resist a lawful request or directive given by a corrections officer. A lawful request is defined as an order issued as part of the officer's official duties that follows state law and department rules. The penalty for violating this law is a fine of up to $500, imprisonment for up to one year, or both. It also maintains existing laws against resisting arrest by a peace officer.

For younger readers

This bill creates a new rule for people who are in prison. It says that if a prison guard gives an inmate a fair and legal order, the inmate is not allowed to use force or a weapon to fight back or say no. If an inmate breaks this rule, they could have to pay a $500 fine, stay in prison for up to another year, or both. The bill also keeps the old rule that says people cannot fight police officers who are trying to arrest them.

Who & Where It Applies

Impacted groups
Incarcerated individualsCorrectional officersPeace officersDepartment of Corrections staffCriminal defense attorneys
Impacted communities
All

Constitutional & Fiscal Check

None Likely. The bill clearly defines "lawful request or directive" and limits the restriction to instances where force or a weapon is used. It does not criminalize speech or peaceful non-compliance, preserving First Amendment rights. The requirement that the directive be lawful and within official duties aligns with due process standards.

Estimated cost
Amount unknown
Estimated revenue
Amount unknown

Bill Analysis

Both viewpoints
For Progressives
  • Limits the application of the law strictly to "lawful" directives, ensuring inmates cannot be penalized under this statute for resisting illegal or unauthorized orders from guards.
  • Provides a clear, legal definition of what constitutes a "lawful request," which establishes boundaries for correctional officers and helps protect inmates from arbitrary abuses of power.
  • Maintains the penalty as a misdemeanor rather than escalating it to a severe felony, preventing excessively harsh mandatory sentences for minor physical altercations.
  • Creates an additional pathway to criminalize incarcerated individuals, which could lead to longer sentences and disproportionately affect marginalized groups already overrepresented in the prison system.
  • Uses broad language like "use any force," which could be interpreted subjectively by guards to penalize inmates for minor physical resistance or defensive reflexes.
  • May intimidate inmates and deter them from standing up against mistreatment or unfair conditions out of fear of facing new criminal charges and extended imprisonment.
For Conservatives
  • Enhances the safety and security of correctional facilities by providing strict legal consequences for inmates who use force or weapons against correctional officers.
  • Empowers law enforcement and correctional personnel to maintain order by ensuring their directives are backed by the threat of criminal prosecution.
  • Upholds the rule of law and promotes institutional discipline by establishing clear accountability for incarcerated individuals who become violent or non-compliant.
  • The penalty of up to a $500 fine or one year in prison for using a weapon against a guard may be viewed as far too lenient to effectively deter violent criminals.
  • By explicitly restricting the law to "lawful" directives, it invites inmates to challenge the legality of officers' orders in court, potentially wasting taxpayer funds on frivolous litigation.
  • Places a burden on correctional officers to definitively prove that their orders met specific state laws and departmental regulations during high-stress enforcement actions.

Votes

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Full Bill Text

2 versions
Changes to existing Rhode Island law · 9 additions · 1 deletion

SECTION 1. Section 12-7-10 of the General Laws in Chapter 12-7 entitled "Arrest" is hereby amended to read as follows: 12-7-10. Resisting legal or illegal arrest Resisting legal or illegal arrest by peace officer-Resisting directive of correctional officer. (a)(1) It shall be unlawful for any person to use force or any weapon in resisting a legal or an illegal arrest by a peace officer, if the person has reasonable ground to believe that he or she is being arrested and that the arrest is being made by a peace officer.

(2) It shall be unlawful for any person in custody of the Rhode Island department of corrections to use any force or weapon to resist a lawful request or directive by a corrections officer.

(i) As used in this section, "a lawful request or directive "means an order issued within the scope of a correctional officer's official duties and consistent with state law and department regulations.

(b) Any person violating the provisions of this section shall be punished by a fine of not more than five hundred dollars ($500) or by imprisonment for not more than one year, or by both fine and imprisonment.

SECTION 2. This act shall take effect upon passage.