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Lawmakers OK criminal negligence bills spawned by Station fire

06:57 PM EDT on Tuesday, May 4, 2004

The Associated Press

PROVIDENCE -- People who cause injuries due to negligence could face felony charges and up to 10 years in prison if convicted, under bills overwhelmingly approved by state lawmakers today.

Attorney General Patrick C. Lynch proposed the penalties after he was unable to file charges on behalf of the nearly 200 people injured in The Station nightclub fire last year in West Warwick.

Lynch filed involuntary manslaughter charges on behalf of the 100 who died as a result of the fire. But he said he could not file charges for the estimated 200 others injured in the blaze, which started when a band's pyrotechnics ignited flammable foam placed on the club's walls as soundproofing.

The House and Senate approved slightly different bills.

Both create a felony that carries a penalty of up to 10 years and fine of up to $10,000. But they define criminal negligence differently.

Lynch supports the Senate version, which was approved unanimously. It defines the criminal negligence as "the same degree of negligence necessary to establish the element of criminal negligence in the common law crime of involuntary manslaughter under Rhode Island law."

He considers differences in the bills minor and expects lawmakers to eventually agree.

Governor Carcieri supports the Senate version and is still reviewing language in the House bill.

The House bill was approved by a vote of 64-2.

Rep. Joseph Trillo, R-Warwick, said he voted against the bill because did not want to see building inspectors or other public officials charged with gross negligence.

Lynch said he still "struggles with" his inability to file charges on behalf of those injured in the nightclub fire.

The legislation had "a tragic impetus but it will be a good law for the people of the state," he said tpday.

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