11-1-11  Felons prohibited from possession of radio scanners.

    No person who has been convicted of a felony violation of chapter 28 of title 21 involving the illegal manufacture, sale or delivery or possession with intent to manufacture, sell, or deliver a controlled substance classified in Schedule I or II; or who has been convicted of a felony in violation of chapter 8 of this title involving the burglary or breaking and entering of a dwelling house or apartment, whether the house or apartment is occupied or not, any business place, or public building, with the intent to commit larceny; shall carry, transport, or have in his or her possession, or under his or her control outside of his or her own home, any operational police radio, police scanner, or any other device capable of monitoring police broadcasts. Every person violating the provisions of this section shall, upon conviction, be punished by imprisonment for not more than five (5) years or a fine of not more than five thousand dollars ($5,000) or both.

 Comment:

            As originally proposed, the law would, as its title indicates, prohibit all felons from possession of radio scanners.  However, as enacted, this law prohibited only certain drug felons from possession of a scanner outside of their homes.  In 1992 the law was amended to add burglary, breaking and entering, and larceny to the types of felonies covered.  Unlike similar legislation in South Dakota and Minnesota, there is no time limit on the prohibition.  Thus a person convicted of a felony would be banned for life from having a scanner.  The statute is flawed insofar as it appears to be limited only to felons convicted in Rhode Island.  Felons convicted in other states would not appear to fall within this law.