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Even a police union official and the House sponsor of a bill to make highway protests a felony said the proposed punishment doesn’t match the crime at a House Judiciary Committee meeting last week
“I don’t necessarily agree it should be a felony,” said Anthony Capezza, state director International Brotherhood of Police Officers. He also conceded that the bill is more broadly written than need be. “I agree, it’s broadly written, where somebody just an individual standing in the street, could be charged under this.”
Of the 19 people who testified only Sen. Lou Raptakis said a felony conviction was warranted for protesting on a highway.
In spite of obvious public interest in the proposed legislation (the hearing was covered by RI Future, RIPR and the Providence Journal), legislators chose not to broadcast it on Capitol TV. For those interested, Steve Ahlquist recorded the entire meeting and what follows is video clips of all the public testimony.
Andy Horowitz, law professor Roger Williams University:
Ellen Tuzzolo, Providence resident:
Stan Tran, former Republican candidate for congress:
Malcus Mills, Direct Action for Rights and Equality:
Kristin Dart, Rhode Island Coalition for Reproductive Justice:
Steve Brown, ACLU:
Laura Ucik, Brown Medical School student:
Fred Ordonez, executive director, Direct Action for Rights and Equality:
Megan Smith, Rhode Island Homeless Advocacy Project:
Michael DiLauro, public defender:
Martha Yaeger, American Friends Service Committee:
David Fisher, rabble-rouser:
Sheila Wilhelm, Direct Action for Rights and Equality:
Barry Schiller, a transportation activists said bicyclists could be charged under the legislation:
Randall Rose, activist:
Anthony Capezza, state director International Brotherhood of Police Officers:
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The House Judiciary Committee this week is scheduled to consider two bills that target the Black Lives Matter activists’ tactic of shutting down highways. Both bills are slated to be heard Wednesday afternoon at the State House.
This bill would elevate the punishment for interfering with highway traffic during a protest from disorderly conduct, a misdemeanor punishable by “not more than six (6) months” in jail, to a felony that “upon conviction” would mandate “a term of imprisonment of not less than one year nor more than three (3) years at the adult correctional institution.” It would create a new crime called “Unlawful interference with traffic” that would apply to “any federal or state highway.”
Delaying an emergency vehicle that results in a death would carry a sentence of five to 30 years in prison.
The lead sponsor is Rep. Ray Hull, a Providence police officer who is also Black and a Democrat. It’s co-signed by Republican Mike Chippendale, Foster, and Democrats Cale Kaeble, Burrillville, Pat Serpa, West Warwick, and Stephen Casey, of Woonsocket.
Misdemeanor version
The other bill (H5 193) would keep the crime a misdemeanor, but it would still increase the punishment from up to six months in jail to “not more than one year ” in jail. Its prime sponsor is Re. Dennis Canario, who represents Portsmouth and Tiverton, and is also co-signed by Hull, Rep. John Edwards, of Tiverton, Rep Joe Almeida, of Providence and Rep. Joe Sherkachi, of Warwick.
It’s punishment may be less Draconian, but it may apply to more roads in Rhode Island that the other bill. H5 193 says:
“For the purposes of this section, ‘freeway’ means a way especially designed for through traffic over which abutters have no easement or right of light, air, or access by reason of the fact that their property abuts upon the way, and shall include, without limitation, all roads designated as part of the interstate highway system.”
H5 192 refers only to “federal or state highways.” This would seem to exempt town roads while the previous language seems to include all roads in the state.
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