Smithfield legislators vote on prostitution, 'texting' bills

SMITHFIELD - Last week's General Assembly vote to criminalize indoor prostitution created a split within Smithfield's all-Democratic legislative delegation, with Sen. John J. Tassoni Jr. and Rep. Thomas Winfield supporting the move and Rep. Peter Petrarca opposing it.

The measure, which was signed Tuesday by Gov. Donald Carcieri, sets misdemeanor penalties for prostitutes, their customers, pimps, and landlords who knowingly allow prostitution on their property.

Petrarca, whose District 44 takes in about a third of Smithfield, much of it in the Esmond section, told The Valley Breeze & Observer that he opposed the bill, which his chamber passed 58-10, because he feels indoor prostitution will continue unabated, and that the state instead should allow it, but "regulate it and tax it."

"I don't feel that making it illegal will make it go away. All this did was make it an underground business, and it will be a thriving business," he said.

Petrarca said that his vote does not diminish his view that the state must go after those who deal in human trafficking or involve children in the sex industry, but that he feels those offenses are covered by other statutes.

He said that in his view, the anti-prostitution bill interferes with decisions made by consenting adults, and involves a moral issue outside the Legislature's purview.

Tassoni, of District 22, agreed with Petrarca that prostitution is a moral issue - but any similarity in the two viewpoints ended there.

"Morally, I think it's wrong. If they want to do it in Las Vegas that's okay, but not here," he said.

Tassoni said he was not swayed by arguments that the bill, which passed the Senate, 36-2, would create a hardship on women who have turned to prostitution to make a living.

"Let them get real jobs," he said.

Tassoni, whose district covers the entire town, said his constituent calls and e-mails were "overwhelming" in favor of the bill.

Winfield, whose District 53 covers a majority of the town, said that in passing the bill, "We were trying to go after human trafficking."

He said he considered the measure - which closed legal loopholes that permitted indoor, but not outdoor prostitution - an additional tool for police departments, especially those in urban centers.

He said the issue is complex because while some prostitutes were being victimized by "people who put the women there and use them to make money," other women would lose their means of support under the new law.

Still, he said, "People are doing this against their will and we had to do something about it."

The bill makes penalties identical for both indoor and outdoor prostitution: up to six months in jail and/or fines of $250 to $1,000 for a first offense for prostitutes. Their customers, pimps, and landlords who permit prostitution would face stiffer penalties.

The legislation makes allowances for prostitutes who were forced or coerced into the trade, and permits judges to expunge a prostitute's record a year after the sentence is completed. That provision doesn't apply to customers, pimps or landlords.

The local delegation was of one mind on another issue, strongly supporting a bill, which passed easily, that makes text messaging while driving a traffic violation.

The bill came out of the Corporations Committee, of which Petrarca is vice president. He described texting as "a dangerous thing."

Tassoni had prepared his own similar measure, but threw his support to the bill that eventually passed.

Winfield said the assembly in the future must tackle other mobile phone issues as well, because "driver distraction is a huge problem."

The new legislation, which was awaiting the governor's signature, would make it a violation to send, read or write a text message while driving.

Infractions would not become part of an individual's driving record or be reported to insurance companies, but would trigger fines of $85 for a first offense, $100 for a second, and $125 for subsequent violations.

According to information released by the legislature, an insurance company study last year found that 19 percent of all drivers, and 37 percent of those between ages 18 and 27, text while driving.

A 2008 study by the Harvard Center for Risk Analysis reported that 2,600 people are killed each year in accidents resulting from driver distraction due to cell phone use.