2018 -- S 2901

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LC004663

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO CRIMINAL OFFENSES -- SEXUAL OFFENDER REGISTRATION AND

COMMUNITY NOTIFICATION

     Introduced By: Senator Harold M. Metts

     Date Introduced: May 17, 2018

     Referred To: Senate Judiciary

     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 the 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), 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),

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), 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), regardless of whether or not an appeal is pending but

only if the offender is fourteen (14) years of age or older at the time of the offense, and the

offense adjudicated was comparable to or more severe than aggravated sexual abuse as described

in 18 U.S.C. § 2241, or was an attempt or conspiracy to commit such an offense.

     (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);

     (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;

     (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, 11-67.1-3(b), 11-67.1-4(b), 11-67.1-5(c), 11-67.1-6(b),

or 11-67.1-7(b).

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

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designee.

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

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

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

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(a), 11-67-3(b) (where the victim was subject to commercial sexual

activity), 11-67.1-3(c) (where the victim was subject to sexual servitude), 11-67.1-5(d), 11-67.1-

6(c); 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 provide that only those juveniles over the age of fourteen (14) be required

to register as sex offenders and that the offense be comparable or more severe than those defined

in 18 U.S.C. § 2241.

     This act would take effect upon passage.

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