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S2047ANon-Violent Crime Penalties

Criminal Offenses - General Provisions

This bill changes the maximum jail sentence for a misdemeanor from one full year to 364 days.

Introduced32 Yea6 Nay0 Not voting
Population
Affected
15
Email Legislator
Introduced Jan 9, 2026Committee Senate Judiciary

Plain-English Summary

This bill changes the definitions of criminal offenses in Rhode Island based on their penalties. It redefines a felony as a crime punishable by more than one year in prison, removing the fine amount from the definition. It sets the maximum prison sentence for a misdemeanor at 364 days instead of one year, and adjusts the fine amounts that define misdemeanors, petty misdemeanors, and violations. Additionally, it states that anywhere Rhode Island law mentions a maximum sentence of "one year," it will now legally mean 364 days.

For younger readers

In the law, crimes are grouped into categories based on how long a person might have to stay in jail. A "misdemeanor" is a type of crime that isn't the most serious, but is still against the rules. Right now, the longest someone can go to jail for a misdemeanor is exactly one full year. This bill changes that rule so the longest time in jail for a misdemeanor is 364 days, which is one day less than a full year. It also changes the amounts of money people might have to pay as a punishment.

Who & Where It Applies

Impacted groups
Non-citizen residentsCriminal defendantsJudges and magistratesProsecutorsDefense attorneys
Impacted communities
All

Constitutional & Fiscal Check

None Likely. This bill simply reclassifies the statutory definitions and maximum penalties for state-level criminal offenses. The state legislature has the constitutional authority to define crimes and establish maximum sentences within its jurisdiction.

Estimated cost
None
Estimated revenue
Amount unknown

Bill Analysis

Both viewpoints
For Progressives
  • Protects non-citizens from disproportionate immigration consequences, such as deportation, since federal law often triggers these severe penalties for crimes carrying a one-year sentence.
  • Advances systemic criminal justice reform by slightly reducing the maximum incarceration time for misdemeanors, aligning with goals to decrease jail populations.
  • Clarifies and standardizes the classification of crimes by removing overlapping fine amounts, ensuring fairer and more consistent sentencing for defendants.
  • Does not eliminate incarceration for minor offenses, falling short of broader progressive goals for decarceration and abolishing prisons.
  • Establishes higher fine thresholds for certain misdemeanor classes, which could still impose severe financial hardships on low-income individuals unable to pay.
  • The delayed effective date of July 1, 2027, means vulnerable communities will continue to face the current harsher sentencing and potential deportation risks for several more years.
For Conservatives
  • Standardizes the legal code and removes ambiguity by clearly separating the fine thresholds for different classes of crimes, aligning with a strict interpretation of the rule of law.
  • Streamlines the judicial process by providing a universal definition for "one year" sentences across all general and public laws, potentially reducing government waste on legal appeals.
  • Maintains the ability of judges to impose substantial fines for misdemeanors, ensuring there are still strict financial penalties for individuals who break the law.
  • Intentionally circumvents federal immigration enforcement by reducing misdemeanor sentences to 364 days, protecting criminal non-citizens from deportation.
  • Weakens the criminal justice system by reducing the maximum jail time for misdemeanors, which may be viewed as being soft on crime and disrespecting the rule of law.
  • Removes the provision that allowed felonies to be charged based solely on a fine of more than $1,000, limiting prosecutors' tools to heavily penalize certain offenses.

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.