Castricone, Dena M.

Daly, Michael J.

English

DOCS@RWU

Roger Williams University Law ReviewVolume 6 | Issue 2 Article 24Spring 20012000 Survey of Rhode Island Law: Legislation:Criminal Law: An Act Relating to CriminalOffenses - Impersonation - Identity Fraud, An ActRelating to Uniform Controlled SubstancesDena M. CastriconeRoger Williams University School of LawMichael J. DalyRoger Williams University School of LawFollow this and additional works at: http://docs.rwu.edu/rwu_LRThis Survey of Rhode Island Law is brought to you for free and open access by the Journals at DOCS@RWU. It has been accepted for inclusion inRoger Williams University Law Review by an authorized administrator of DOCS@RWU. For more information, please contact mwu@rwu.edu.Recommended CitationCastricone, Dena M. and Daly, Michael J. (2001) "2000 Survey of Rhode Island Law: Legislation: Criminal Law: An Act Relating toCriminal Offenses - Impersonation - Identity Fraud, An Act Relating to Uniform Controlled Substances," Roger Williams UniversityLaw Review: Vol. 6: Iss. 2, Article 24.Available at: http://docs.rwu.edu/rwu_LR/vol6/iss2/24834 ROGER WILLIAMS UNIVERSITY LAW REVIEW [Vol. 6:593Criminal Law. An Act Relating to Criminal Offenses-Impersonation-Identity Fraud. Classifies as a felony any use, pos-session or production of false forms of identification except whensuch misrepresentation is made by a person under the age oftwenty-one to access liquor. Effective, July 6, 2000. 2000 R.I. Pub.Laws ch. 105.This Act amends Title 11 of the General Laws entitled "Crimi-nal Offenses" by adding chapter 49.1. The Impersonation andIdentity Fraud Act" makes the knowing use, possession, produc-tion or transfer of an identification document, document-makingimplement or means of identification illegal.2 An "identificationdocument" is a government agency issued document or card gener-ally accepted as proper identification. 3 A "document-making im-plement" is defined as "any implement, impression, electronicdevice, or computer hardware or software" designed or used for thecreation of false identification. 4 "Means of identification" includean identifying characteristic such as name, social security number,driver's license, alien registration number, passport number, fin-gerprint, retina or iris image or electronic identification number oraddress. 5Specifically, the Act prohibits production of false identifica-tion,6 transfer of identification documents that are stolen,7 posses-sion of five or more identification documents with the intent to useunlawfully8 and possession of an identification document with theintent to defraud.9 Furthermore, the Act forbids possession ortransfer of any device used to produce false identifications, 10 pos-session of a false identification that appears to be genuine butwhich is stolen 1 and the transfer or use with the intent to defraudanother's means of identification with the intent to commit unlaw-1. R.I. Gen. Laws § 11-49.1 (1956) (2000 Reenactment).2. See id. § 11-49.1-3(a).3. See id. § 11-49.1-2(2).4. Id. § 11-49.1-2(1).5. See id. § 11-49.1-2(3).6. See id. § 11-49.1-3(a)(1).7. See id. § 11-49.1-3(a)(2).8. See id. § 11-49.1-3(a)(3).9. See id. § 11-49.1-3(a)(4).10. See id. § 11-49.1-3(a)(5).11. See id. § 11-49.1-3(a)(6).SURVEY SECTIONful activity.12 This Act, however, is not applicable to any personunder the age of twenty-one who uses a form of false identificationto obtain admittance to a liquor-selling or serving establishment.' 3The penalties for a violation of this Act vary depending on thenumber of convictions under this statute.' 4 For first-time offend-ers, the penalty is not more than three years imprisonment and afine not exceeding, $5,000.15 For second-time offenders, jail timemay range between three and five years and a fine not exceeding,$10,000 may be imposed.' 6 All subsequent offenses are punishableby imprisonment between five and ten years and a fine not lessthan $15,000.1'Search warrants may be issued in order to search and seizematerials used or possessed in violation of the provisions of thestatute.' 8 Any items found in executing a search warrant will bebrought into court and forfeited to the state.'9 However, no prop-erty or money will be forfeited unless it is apparent that the ownerhad actual or constructive knowledge of the illegal conduct. 20Property taken cannot be replevied and will be sold or destroyed.2 'Twenty percent of all proceeds will go to the attorney general's of-fice to further law enforcement of related activities and the re-maining eighty percent will be divided among the participatingagencies involved in the investigation, with each agency's share tobe determined by the extent of their participation. 22Dena M. Castricone12. See id. § 11-49.1-3(a)(7).13. See id. § 11-49.1-3(b).14. See id. § 11-49.1-4.15. See id. § 11-49.1-4(a).16. See id. § 11-49.1-4(b).17. See id. § 11-49.1-4(c).18. See id. § 11-49.1-5(a)(1).19. See id.20. See id. § 11-49.1-5(a)(2).21. See id. § 11-49.1-5(b).22. See id.20011 835836 ROGER WILLIAMS UNIVERSITY LAW REVIEW [Vol. 6:593Criminal Law. An Act Relating to Uniform Controlled Sub-stances. Removes a limited prohibition of the possession of hypo-dermic needles, syringes and instruments and authorizes theirsale by licensed pharmacies. Effective September 1, 2000. 2000R.I. Pub. Laws ch. 520.This legislation (the Act) amends chapter 21-28 of the RhodeIsland General Laws, entitled "Uniform Controlled SubstancesAct" (UCSA).1 Prior to the passage of the Act, the UCSA prohib-ited the knowing possession of a hypodermic needle, syringe or anyinstrument adapted for subcutaneous injection unless the personfell within an enumerated class of individuals or was otherwise au-thorized in accordance with the USCA.2 The Act removes this pro-hibition and declassifies hypodermic needles and syringes as drugparaphernalia under section 21-28.5-1.3Section 21-28-4.04, entitled "Deregulation syringe act for dia-betes and health promotion," permits licensed pharmacies to sellhypodermic instruments subject to certain requirements. 4 Uponthe sale of hypodermic needles and syringes, the pharmacist mustprovide the purchaser with information regarding their safe dispo-sal, "including local disposal locations or a telephone number tocall for such information."5 With this right to sell comes the dutyof the pharmacist to restrict access to stored needles and syringesto authorized personnel only.6 Further, the seller "must certify tothe director of the department of health participation in an activitythat supports proper disposal of used hypodermic needles or syr-inges."7 The Act also imposes a duty on the director of the depart-ment of human health to "adopt rules and regulations relative tothe content, format, and distribution of any materials requiredunder" the Act.8Michael J. Daly1. See 2000 R.I. Pub. Laws ch. 520.2. See R.I. Gen. Laws § 21-28-4.04 (1956) (2000 Reenactment).3. See id.4. See id.5. Id.6. See id.7. Id.8. Id.

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2000 Survey of Rhode Island Law: Legislation: Criminal Law: An Act Relating to Criminal Offenses - Impersonation - Identity Fraud, An Act Relating to Uniform Controlled Substances

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