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HB 8463

AN ACT RELATING TO CRIMINAL PROCEDURE -- ARREST

2026 Regular Session Introduced by Jon Brien and 9 co-sponsors

Prohibits inmates in DOC custody from using force or weapons to resist correctional staff directives, with penalties up to $500 fine, up to 1 year imprisonment.

06/22/2026 Signed by Governor
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Bill Summary · HB 8463

Summary of HB 8463 (Rhode Island, 2026)

Bill at a Glance

  • Title: AN ACT RELATING TO CRIMINAL PROCEDURE -- ARREST
  • Introduced: April 17, 2026
  • Sponsor/Co-sponsors: Introduced by Representatives Read, Noret, Brien, Chippendale, Casey, Corvese, O’Brien, Fascia, Santucci, Cotter; co-sponsored by Fascia, Chippendale, Casey, Noret, O’Brien, Cotter, Corvese, Read, Brien, Santucci
  • Committee: House Judiciary
  • Status: As of April–April 2026, recommended to be held for further study; scheduled actions noted in late April
  • Effective Date: Upon passage

1) Purpose and Intent

The act amends Rhode Island’s arrest statute to prohibit a person in the custody of the Department of Corrections (DOC) from using force or a weapon to resist any lawful request or directive. It clarifies and tightens restrictions on resistance to official directives for individuals who are already incarcerated or otherwise in the DOC system.

2) Key Provisions and Changes

  • New Prohibition for Inmate Resistance (DOC Custody):
    • Section 12-7-10(b) would make it unlawful for any person in custody of the Rhode Island Department of Corrections to use force or any weapon to resist a lawful request or directive from a correctional officer.
  • General Provision for Arrest Resistance (Public/General):
    • Section 12-7-10(a)(1) remains focused on unlawful resistance to a lawful arrest by a peace officer. It also distinguishes between lawful arrest and potential illegal arrest by a peace officer, with the caveat that the arrestee must have reasonable ground to believe the arrest is being made by a peace officer.
  • Penalties:
    • Violating the newly stated DOC-resistance prohibition would be punishable by:
    • Fine of up to $500
    • Imprisonment for up to 1 year
    • Or both fine and imprisonment
  • Effective Date:
    • The act would take effect upon passage.

3) Who/What Would Be Affected

  • Individuals in DOC Custody: The primary impact group is inmates and others under the jurisdiction of the Rhode Island Department of Corrections. They would be prohibited from using force or weapons to resist directives from correctional staff.
  • Correctional Officers and DOC Operations: The change would reinforce the authority of correctional staff and establish clear criminal liability for inmates who resist directives with force or weapons.
  • General Public/Arrest Context: The bill reiterates and clarifies existing standards related to resisting lawful or illegal arrests by peace officers in the general arrest context (Sections 12-7-10(a)(1) and (b)).

4) Procedural and Timeline Aspects

  • Introduced: April 17, 2026
  • Referral: House Judiciary
  • Action History:
    • April 17: Introduced and referred
    • April 24: Scheduled for hearing/consideration
    • April 30: Committee recommended the measure be held for further study
  • Next Steps: If advanced, the bill would require passage by both chambers and the governor’s signature to become law. The “held for further study” designation suggests additional review or possible amendments before any floor votes.

5) Practical Implications

  • The bill closes a potential gap by expressly prohibiting inmates from resisting directives with force or weapons.
  • It establishes relatively modest penalties, aligning with what lawmakers may consider proportionate for in-custody resistance.
  • Law enforcement and correctional facilities would have a clearer basis for charging and prosecuting inmates who resist staff directives violently.

If you’d like, I can add a comparison to existing Rhode Island statutes or summarize potential consequences in related case scenarios.

Compiled from official sources — confirm details with the bill’s official record.

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