2014 -- H 7764 SUBSTITUTE A AS AMENDED

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO CRIMINAL OFFENSES-CHILD SAFE ZONES

     Introduced By: Representatives Ackerman, Johnston, O'Brien, Casey, and McNamara

     Date Introduced: February 27, 2014

     Referred To: House Judiciary

     (Attorney General)

It is enacted by the General Assembly as follows:

     SECTION 1. Title 11 of the General Laws "CRIMINAL OFFENSES" is hereby amended

by adding the following chapter:

CHAPTER 11-37.3

CHILD SAFE ZONES

     11-37.3-1. Definitions. -- As used in this chapter:

     (1) "Employee" means an individual hired directly by the entity; a contractual employee

of the entity; an individual hired by a third party who has contracted with the entity; an

independent contractor of the entity; or a volunteer of the entity.

     (2) "Child Safe Zone" means the following entities:

     (i) Any private, municipal, county, or state fair or carnival;

     (ii) Any children's arcade, amusement center having coin or token operated devices for

entertainment, movie theatre, or facilities providing programs or services intended primarily for

minors;

     (iii) A public or nonpublic elementary or secondary school, child care facility, or public

library:

     (iv) Any place intended primarily for use by minors including, but not limited to, a

playground, a children's play area, recreational or sport-related activity area, a swimming or

wading pool, or a beach; and

     (v) Any health care facility intended primarily for minors.

     (3) "Minor" means a person under the age of eighteen (18) years old.

     (4) "Offender" means a person who is, or is required to be, registered as a sex offender in

this state or any other jurisdiction and whose victim was a minor.

     11-37.3-2. Prohibition from Employment. -- (a) Any entity that is a child safe zone is

prohibited from employing a person who is an offender.

     (b) The individual who made the final hiring decision for an entity that is a child safe

zone that knowingly employs an offender as prohibited in § 11-37.3-3(a) shall be subject to a fine

of one thousand dollars ($1,000) for each day the offender is employed.

     (c) Any offender who knowingly misrepresents or omits his or her sex offender

registration status to obtain employment in a child safe zone shall be guilty of a felony and, upon

conviction, be subject to imprisonment for not more than five (5) years, a fine of not more than

five thousand dollars ($5,000), or both.

     11-37.3-3. Prohibition from ownership or operation. -- (a) Any offender is prohibited

from owning or operating an entity that is a child safe zone. This prohibition shall not apply to

any offender who owned or operated an entity that is a child safe zone prior to August 1, 2014.

     (b) Any offender who knowingly owns or operates an entity that is a child safe zone shall

be guilty of a felony and, upon conviction, be subject to imprisonment for not more than five (5)

years, a fine of not more than five thousand dollars ($5,000), or both.

     11-37.3-4. Immunity from liability. -- An entity that is a child safe zone that declines to

hire, or declines to continue an offender’s employment, on the basis of the employment

prohibition in § 11-37.3-2(a) shall not be liable for civil damages or subject to any claim,

demand, cause of action, or proceeding of any nature as a result of the prohibition.

     SECTION 2. This act shall take effect on August 1, 2014.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES-CHILD SAFE ZONES

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     This act would create child safe zones where sex offenders whose victim was a minor are

prohibited from being employed. This act also prohibits a sex offender whose victim was a minor

from owning or operating a entity that is a child safe zone.

     This act would take effect on August 1, 2014.

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