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S 3037Non-Violent Crime Penalties

Criminal Offenses - Disorderly Conduct

This bill criminalizes reckless group riding of off-road vehicles on public streets and authorizes the seizure of those vehicles.

Held for study
Population
Affected
15
Email Legislator
Introduced Mar 5, 2026Committee Senate Judiciary

Plain-English Summary

This legislation establishes a new criminal offense for individuals who operate recreational vehicles, such as dirt bikes or ATVs, in groups of two or more on public ways or accessible properties. If these operators drive recklessly and hinder traffic, they face penalties including imprisonment for up to 2.5 years and fines up to $2,000. The penalties increase if the operator is wearing a mask. Furthermore, the bill authorizes the seizure and forfeiture of the vehicles used in these offenses, with proceeds from their sale directed to the municipality where the violation occurred.

For younger readers

Some people drive dirt bikes or ATVs on regular streets where they aren't supposed to be. This bill says that if a group of people drive these vehicles dangerously and block traffic, they can get in big trouble. They might have to pay a lot of money or go to jail. If they wear a mask to hide their face, the punishment is even worse. Also, the police can take away their dirt bike or ATV forever and sell it. The money from selling it would go to the town where they were driving.

Who & Where It Applies

Impacted groups
Recreational vehicle ownersATV and dirt bike ridersMotoristsLaw enforcement agenciesMunicipal governments
Impacted communities
All

Constitutional & Fiscal Check

The bill includes a penalty enhancement for wearing a mask, which could face First Amendment challenges regarding freedom of expression or association, though courts often uphold anti-mask laws tied to criminal intent. The asset forfeiture provisions implicate Due Process rights, but the inclusion of protections for perfected security interests mitigates some takings clause concerns. The severity of the prison sentence (2.5 years) for a traffic-related offense could be challenged as disproportionate under the Eighth Amendment.

Estimated cost
Amount unknown
Estimated revenue
Amount unknown

Bill Analysis

Both viewpoints
For Progressives
  • Addresses valid community safety concerns regarding reckless driving on public streets, potentially protecting pedestrians and other drivers from harm in urban areas.
  • Directs proceeds from forfeited vehicle sales to the general fund of the municipality, potentially increasing resources for local public services rather than police departments directly.
  • Protects creditors' security interests in forfeited property, ensuring that financial institutions and borrowers with loans are not unfairly penalized for the actions of the operator.
  • Imposes disproportionately harsh criminal penalties, including up to 2.5 years in prison, for what is essentially a traffic violation, potentially contributing to mass incarceration.
  • Expands civil asset forfeiture, a practice often criticized for creating perverse financial incentives for law enforcement to seize property, which disproportionately affects lower-income individuals.
  • Includes a penalty enhancement for wearing masks, which could be problematic given the normalization of health-related mask-wearing and raises civil liberties concerns regarding anonymity.
For Conservatives
  • Strengthens the rule of law by cracking down on illegal ATV groups that disrupt traffic and threaten public order on roadways and private property.
  • Empowers law enforcement with stronger tools, including asset forfeiture and stiffer penalties, to deter reckless behavior and seize vehicles used in the commission of crimes.
  • Institutes specific penalty enhancements for individuals trying to conceal their identity with masks while committing crimes, promoting individual accountability.
  • Expands the government's power to seize private property (recreational vehicles) through forfeiture, which can be viewed as an infringement on property rights.
  • Allows the government to retain proceeds from seized property, potentially encouraging "policing for profit" rather than strictly focusing on justice.
  • Creates a new class of criminal penalties that could be applied broadly, potentially encroaching on the personal freedom of recreational vehicle enthusiasts if enforcement is overzealous.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 30 additions

SECTION 1. Chapter 11-11 of the General Laws entitled "Disorderly Conduct" is hereby amended by adding thereto the following section: 11-11-8. Recreational vehicles obstructing vehicle movement.

(a) Whoever, upon any way or in any place to which the public has a right of access, or any place to which members of the public have access as invitees or licensees whether the business or commercial property is opened or closed to the public, operates in a reckless or negligent manner and hinders the movement of other vehicles on such ways with a group of two (2) or more other recreational vehicles shall be punished by imprisonment for not more than two and one-half (2.5) years, and a fine of not more than two thousand dollars ($2,000). No complaint for a violation of this section shall be filed pursuant to § 12-10-12.

(1) Individuals who have been found to be in violation of subsection (a) of this section while masked shall be punished by imprisonment for an additional one year or by a fine of not more than five hundred dollars ($500) or both.

(2) For the purpose of this section “recreational vehicles” means a motor vehicle designed to travel over unpaved terrain and which has been determined by the division of motor vehicles as unsuitable for operation on the public way and not eligible for registration for such use or is eligible for registration for such use but has not been registered.

(b) Upon a conviction or adjudication by reason of a violation of subsection (a) of this section, a recreational vehicle used in the commission of such violation or violations shall be subject to forfeiture, at the discretion of the court of competent jurisdiction.

(1) In all actions where a final order results in forfeiture, the final order shall provide for disposition of the property by the state, a political subdivision thereof, or municipality in any manner not prohibited by law, including official use by an authorized law enforcement or other agency, or at sale at public auction or by competitive bidding.

(i) The final order of the court shall provide that the proceeds of any such sale shall be used to pay the reasonable expenses of the forfeiture proceedings, seizure, storage, maintenance of custody, advertising and notice, and all proceeds shall be deposited into the general fund of the municipality in which such crime was committed.

(2) No forfeiture under this section shall extinguish a perfected security interest held by a creditor in the property at the time of the filing of the forfeiture action. In all actions where a final order results in forfeiture of property subject to a perfected security interest, possession of the property shall revert to the creditor.

SECTION 2. This act shall take effect upon passage.