2016 -- S 2516

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO CRIMINAL OFFENSES -- SEXUAL OFFENDER REGISTRATION AND

COMMUNITY NOTIFICATION

     Introduced By: Senators Goodwin, Lynch Prata, Miller, P Fogarty, and Walaska

     Date Introduced: February 25, 2016

     Referred To: Senate Judiciary

     (Attorney General)

It is enacted by the General Assembly as follows:

     SECTION 1. Section 11-37.1-2 of the General Laws in Chapter 11-37.1 entitled "Sexual

Offender Registration and Community Notification" is hereby amended to read as follows:

     11-37.1-2. Definitions. -- (a) "Aggravated offense" means, and includes, offenses

involving sexual penetration of victims of any age through the use of force, or the threat of use of

force, or offenses involving sexual penetration of victims who are fourteen (14) years of age or

under.

      (b) "Board", "board of review", or "sex offender board of review" means the sex

offender board of review appointed by governor pursuant to § 11-37.1-6.

      (c) (1) "Conviction" or "convicted" means, and includes, any instance where:

      (i) A judgment of conviction has been entered against any person for any offense

specified in subsection (e) or (k) of this section, regardless of whether an appeal is pending; or

      (ii) There has been a finding of guilty for any offense specified in subsection (e) or (k) of

this section, regardless of whether an appeal is pending; or

      (iii) There has been a plea of guilty or nolo contendere for any offense specified in

subsection (e) or (k) of this section, regardless of whether an appeal is pending; or

      (iv) There has been an admission of sufficient facts or a finding of delinquency for any

offense specified in subsection (e) or (k) of this section, regardless of whether or not an appeal is

pending.

      (2) Provided, in the event that a conviction, as defined in this subsection, has been

overturned, reversed, or otherwise vacated, the person who was the subject of the conviction shall

no longer be required to register as required by this chapter and any records of a registration shall

be destroyed. Provided, further that nothing in this section shall be construed to eliminate a

registration requirement of a person who is again convicted of an offense for which registration is

required by this chapter.

      (d) [Deleted by P.L. 2003, ch. 162, § 1 and by P.L. 2003, ch. 170, § 1].

      (e) "Criminal offense against a victim who is a minor" means, and includes, any of the

following offenses or any offense in another jurisdiction that is substantially the equivalent of the

following or for which the person is or would be required to register under 42 U.S.C. § 14071 or

18 U.S.C. § 4042(c):

      (1) Kidnapping or false imprisonment of a minor, in violation of §§ 11-26-1.4, 11-26-1

or 11-26-2, where the victim of the offense is sixteen (16) years of age or older and under the age

of eighteen (18) years;

      (2) Enticement of a child in violation of § 11-26-1.5 with the intent to violate §§ 11-37-

6, 11-37-8, 11-37-8.1, 11-37-8.3;

      (3) Any violation of §§ 11-37-6, 11-37-8, 11-37-8.1, or 11-37-8.3;

      (4) Any violation of § 11-1-10, where the underlying offense is a violation of chapter 34

of this title and the victim, or person solicited to commit the offense, is under the age of eighteen

(18) years;

      (5) Any violation of § 11-9-1(b) or (c); or

      (6) Any violation of § 11-9-1.3;

      (7) Any violation of § 11-9-1.5;

      (8) Any violation of § 11-37.1-10;

      (9) Any violation of § 11-37-8.8;

      (10) Any violation of § 11-64-2, where the victim is under the age of eighteen (18) years;

or

      (11) Murder in violation of § 11-23-1, where the murder was committed in the

perpetration of, or attempted perpetration of, kidnapping and where the victim of the offense is

under eighteen (18) years of age. ; or

     (12) Any violation of §11-67-6.

      (f) "Designated state law enforcement agency" means the attorney general or his or her

designee.

      (g) "Employed, carries on a vocation" means and includes the definition of "employed,

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carries on a vocation" under 42 U.S.C. § 14071.

      (h) "Institutions of higher education" means any university, two (2)-or four (4)-year

college or community college.

      (i) "Mental abnormality" means a congenital or acquired condition of a person that

affects the emotional or volitional capacity of the person in a manner that predisposes that person

to the commission of criminal sexual acts to a degree that makes the person a menace to the

health and safety of other persons.

      (j) "Predator" means a person whose act(s) is (are) or was (were) directed at a stranger,

or at a person with whom a relationship has been established or promoted for the primary purpose

of victimization.

      (k) "Sexually violent offense" means, and includes, any violation of §§ 11-37-2, 11-37-4,

11-37-6, 11-37-8, 11-37-8.1, 11-37-8.3, 11-67-2 (where the victim was subject to commercial

sexual activity), 11-67-3, or 11-5-1, where the specified felony is sexual assault, or § 11-23-1,

where the murder was committed in the perpetration of, or attempted perpetration of, rape or any

degree of sexual assault or child molestation, or any offense in another jurisdiction that is

substantially the equivalent of any offense listed in this subsection or for which the person is or

would be required to register under 42 U.S.C. § 14071 or 18 U.S.C. § 4042(c).

      (l) "Sexually violent predator" means a person who has been convicted of a sexually

violent offense and who has a mental abnormality or personality disorder that makes the person

likely to engage in predatory sexually violent offenses.

      (m) "Student" means, and includes, the definition of "student" under 42 U.S.C. § 14071.

      (n) "Parole board" means the parole board or its designee.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES -- SEXUAL OFFENDER REGISTRATION AND

COMMUNITY NOTIFICATION

***

     This act would add §§11-67-2 ("involuntary servitude"), 11-67-3 ("trafficking of persons

for forced labor or commercial sexual activity"), and 11-67-6 ("sex trafficking of a minor") to

those offenses that are considered registerable offenses under chapter 37.1 of title 11 ("sexual

offender registration and community notification").

     This act would take effect upon passage.

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