2019 -- H 5761

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LC001089

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO CRIMINAL OFFENSES - SEXUAL OFFENDER REGISTRATION AND

COMMUNITY NOTIFICATION

     

     Introduced By: Representatives Diaz, Almeida, Slater, Edwards, and Mendez

     Date Introduced: February 27, 2019

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 11-37.1-2 and 11-37.1-10 of the General Laws in Chapter 11-37.1

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entitled "Sexual Offender Registration and Community Notification" are hereby amended to read

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as follows:

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     11-37.1-2. Definitions. [Effective July 1, 2019.]

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     (a) "Abscond" means to not register as required, or to relocate to some unknown place

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other than the registered place of residence, or to conceal himself or herself in an attempt to avoid

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registration or verification of registration.

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     (b) "Aggravated offense" means, and includes, offenses involving sexual penetration of

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

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sexual penetration of victims who are fourteen (14) years of age or under.

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

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

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

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

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specified in subsection (f) or (v), or a federal offense, a foreign offense, or a military offense,

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regardless of whether an appeal is pending; or

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     (ii) There has been a finding of guilty for any offense specified in subsection (f) or (v), or

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a federal offense, a foreign offense, or a military offense, regardless of whether an appeal is

 

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pending; or

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

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subsection (f) or (v), or a federal offense, a foreign offense, or a military offense, regardless of

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whether an appeal is pending; or

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

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offense specified in subsection (f) or (v), or a federal offense, a foreign offense, or a military

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offense, regardless of whether or not an appeal is pending.

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

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

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

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

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

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required by this chapter.

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

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

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

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following or for which the person is or would be required to register under 34 U.S.C. § 20911 as

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amended:

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

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

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eighteen (18) years;

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     (2) Enticement of a child in violation of § 11-26-1.5 with the intent to violate §§ 11-37-6,

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

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

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

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

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(18) years;

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

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     (6) Any violation of § 11-9-1.3;

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     (7) Any violation of § 11-9-1.5;

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     (8) [Deleted by P.L. 2018, ch. 157, § 1 and by P.L. 2018, ch. 259, § 1].

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

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

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

 

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

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under eighteen (18) years of age;

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     (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),

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or 11-67.1-7(b); or

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     (13) Any conviction for an attempt or conspiracy to commit an offense enumerated in this

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subsection.

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

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designee.

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

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carries on a vocation" under 34 U.S.C. § 20911.

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     (i) "Federal offense" means, and includes, any conviction for an offense that was obtained

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under federal law which, if committed within the jurisdiction of this state, would require the

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person to register, any conviction for an offense under 34 U.S.C. § 20911 as amended, or any

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conviction for an attempt or conspiracy to commit an offense requiring registration under this

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subsection.

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     (j) "Foreign offense" means, and includes, any conviction for an offense which, if

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committed within the jurisdiction of this state, would require the person to register that was

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obtained under the laws of Canada, the United Kingdom, Australia, New Zealand, or under the

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laws of any foreign country when the United States state department in its country reports on

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human rights practices has concluded that an independent judiciary generally or vigorously

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enforced the right to a fair trial in that country during the year in which the conviction occurred,

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or any conviction for an attempt or conspiracy to commit an offense enumerated in this

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subsection.

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     (k) "Habitually lives or sleeps" means living in a place with some regularity, and with

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reference to where a person required to be registered under this chapter actually lives, which

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could be some place other than a mailing address or primary address but would entail a place

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where the person lives on an intermittent basis regardless of whether it pertains to a location

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otherwise identifiable by street or address.

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     (l) "Homeless" means a person required to be registered under this chapter who lacks a

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fixed, regular, and adequate nighttime residence; has a primary nighttime residence that is a

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public or private place not designed for or ordinarily used as a regular sleeping accommodation

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for human beings, including a car, park, abandoned building, bus or train station, airport, or

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camping ground; living in a supervised publicly or privately operated shelter designated to

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provide temporary living arrangements (including hotels and motels paid for by federal, state, or

 

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local government programs for low-income individuals or by charitable organizations, congregate

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shelters, and transitional housing); or who resided in a shelter or place not meant for human

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habitation and who is exiting an institution where he or she temporarily resided.

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     (m) "Immediate" or "Immediately" means upon receipt of information provided by or

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regarding a person required to register under this chapter but not later than three (3) business

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days.

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

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college or community college.

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     (o) "Jurisdiction" means any of the fifty (50) states, the District of Columbia, the

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Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern

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Mariana Islands, the United States Virgin Islands, and any Indian tribe that has elected to function

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as a registration and notification jurisdiction pursuant to 34 U.S.C. § 20929.

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

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

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

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health and safety of other persons.

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     (q) "Military offense" means, and includes, any conviction for any military offense

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specified by the secretary of defense under § 115(a)(8)(C)(i) of Pub. L. 105-119, codified at 10

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U.S.C. § 951 note, or any conviction for an attempt or conspiracy to commit an offense

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enumerated in this subsection.

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     (r) "Neighborhood" shall mean one quarter mile (.25 mi.) from the site of any offense

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chargeable under this chapter.

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

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

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

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of victimization.

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     (t)(u) "Public or private educational institution" means early childhood facilities (nursery

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school, pre-kindergarten and kindergarten), elementary, middle, secondary, institutions of higher

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education, and postsecondary educational institutions authorized or licensed by the State of

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Rhode Island.

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     (v) "Recreational grounds" shall include any public park or other place where children

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gather.

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     (u)(w) "School" means the buildings and real property of kindergarten, elementary,

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middle, and secondary institutions, whether public or private.

 

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

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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

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

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

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11-67.1-6(c); or 11-5-1, where the specified felony is sexual assault; or § 11-23-1, where the

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

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sexual assault or child molestation; or any offense in another jurisdiction that is substantially the

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equivalent of any offense listed in this subsection or for which the person is or would be required

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to register under 34 U.S.C. § 20911 as amended, or any conviction for an attempt or conspiracy to

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commit an offense enumerated in this subsection.

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

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

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likely to engage in predatory sexually violent offenses.

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     (x)(z) "Student" means, and includes, the definition of "student" under 34 U.S.C. §

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20911.

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     11-37.1-10. Penalties. [Effective until July 1, 2019.]

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     (a) Any person who is required to register or verify his or her address or give notice of a

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change of address or residence who knowingly fails to do so shall be guilty of a felony and, upon

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conviction, be imprisoned not more than ten (10) years, or fined not more than ten thousand

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dollars ($10,000), or both.

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     (b) Any person who is required to register or verify his or her address or give notice of a

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change of address or residence who knowingly fails to do so shall be in violation of the terms of

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his or her release, regardless of whether or not the term was a special condition of his or her

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release on probation, parole, home confinement or other form of supervised release.

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     (c) Except in the case of a level-three (3) sex offender, any person who is required to

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register or verify his or her address, who knowingly resides within three hundred feet (300') of

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any school, public or private, shall be guilty of a felony and, upon conviction, may be imprisoned

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

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     (d) Any level-three (3) sex offender who knowingly resides within one thousand feet

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(1,000') one thousand five hundred feet (1,500') of any school, public or private, or recreational

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grounds, shall be guilty of a felony and, upon conviction, may be imprisoned for not more than

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

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     (e) It shall be unlawful for any level-three (3) sex offender, upon disposition of any

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charges or upon release from imprisonment as a result of any conviction under this chapter, from

 

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residing in the neighborhood where the offense occurred.

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     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

***

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     This act would amend the definition of public and private educational institutions to

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include licensed day care facilities and child care centers and would define neighborhood. It

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would prohibit a level 3 sex offender from living within 1500 feet from a school, private or public

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and would prohibit a level 3 offender from moving back into the neighborhood where the offense

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was committed.

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     This act would take effect upon passage.

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