2019 -- S 0230 | |
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LC000852 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2019 | |
____________ | |
A N A C T | |
RELATING TO CRIMINAL OFFENSES - SEXUAL OFFENDER REGISTRATION AND | |
COMMUNITY NOTIFICATION | |
| |
Introduced By: Senator Harold M. Metts | |
Date Introduced: January 31, 2019 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 11-37.1-2 of the General Laws in Chapter 11-37.1 entitled "Sexual |
2 | Offender Registration and Community Notification" is hereby amended to read as follows: |
3 | 11-37.1-2. Definitions. [Effective until July 1, 2019.] |
4 | (a) "Aggravated offense" means, and includes, offenses involving sexual penetration of |
5 | victims of any age through the use of force, or the threat of use of force, or offenses involving |
6 | sexual penetration of victims who are fourteen (14) years of age or under. |
7 | (b) "Board", "board of review", or "sex offender board of review" means the sex offender |
8 | board of review appointed by the governor pursuant to § 11-37.1-6. |
9 | (c)(1) "Conviction" or "convicted" means, and includes, any instance where: |
10 | (i) A judgment of conviction has been entered against any person for any offense |
11 | specified in subsection (e) or (k), regardless of whether an appeal is pending; or |
12 | (ii) There has been a finding of guilty for any offense specified in subsection (e) or (k), |
13 | regardless of whether an appeal is pending; or |
14 | (iii) There has been a plea of guilty or nolo contendere for any offense specified in |
15 | subsection (e) or (k), regardless of whether an appeal is pending; or |
16 | (iv) There has been an admission of sufficient facts or a finding of delinquency for any |
17 | offense specified in subsection (e) or (k), regardless of whether or not an appeal is pending, but |
18 | only if the offender is fourteen (14) years of age or older at the time of the offense, and the |
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1 | offense adjudicated was comparable to, or more severe than, aggravated sexual abuse as |
2 | described in 18 U.S.C. § 2241, or was an attempt or conspiracy to commit such an offense. |
3 | (2) Provided, in the event that a conviction, as defined in this subsection, has been |
4 | overturned, reversed, or otherwise vacated, the person who was the subject of the conviction shall |
5 | no longer be required to register as required by this chapter and any records of a registration shall |
6 | be destroyed. Provided, further, that nothing in this section shall be construed to eliminate a |
7 | registration requirement of a person who is again convicted of an offense for which registration is |
8 | required by this chapter. |
9 | (d) [Deleted by P.L. 2003, ch. 162, § 1 and by P.L. 2003, ch. 170, § 1]. |
10 | (e) "Criminal offense against a victim who is a minor" means, and includes, any of the |
11 | following offenses or any offense in another jurisdiction that is substantially the equivalent of the |
12 | following or for which the person is or would be required to register under 42 U.S.C. § 14071 or |
13 | 18 U.S.C. § 4042(c): |
14 | (1) Kidnapping or false imprisonment of a minor, in violation of §§ 11-26-1.4, 11-26-1 or |
15 | 11-26-2, where the victim of the offense is sixteen (16) years of age or older and under the age of |
16 | eighteen (18) years; |
17 | (2) Enticement of a child in violation of § 11-26-1.5 with the intent to violate §§ 11-37-6, |
18 | 11-37-8, 11-37-8.1, 11-37-8.3; |
19 | (3) Any violation of §§ 11-37-6, 11-37-8, 11-37-8.1, or 11-37-8.3; |
20 | (4) Any violation of § 11-1-10, where the underlying offense is a violation of chapter 34 |
21 | of this title and the victim, or person solicited to commit the offense, is under the age of eighteen |
22 | (18) years; |
23 | (5) Any violation of § 11-9-1(b) or (c); |
24 | (6) Any violation of § 11-9-1.3; |
25 | (7) Any violation of § 11-9-1.5; |
26 | (8) Any violation of § 11-37.1-10; |
27 | (9) Any violation of § 11-37-8.8; |
28 | (10) Any violation of § 11-64-2, where the victim is under the age of eighteen (18) years; |
29 | (11) Murder in violation of § 11-23-1, where the murder was committed in the |
30 | perpetration of, or attempted perpetration of, kidnapping and where the victim of the offense is |
31 | under eighteen (18) years of age; or |
32 | (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), |
33 | or 11-67.1-7(b). |
34 | (f) "Designated state law enforcement agency" means the attorney general, or his or her |
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1 | designee. |
2 | (g) "Employed, carries on a vocation" means and includes the definition of "employed, |
3 | carries on a vocation" under 42 U.S.C. § 14071. |
4 | (h) "Institutions of higher education" means any university, two- or four-year (2 or 4) |
5 | college or community college. |
6 | (i) "Mental abnormality" means a congenital or acquired condition of a person that affects |
7 | the emotional or volitional capacity of the person in a manner that predisposes that person to the |
8 | commission of criminal sexual acts to a degree that makes the person a menace to the health and |
9 | safety of other persons. |
10 | (j) "Predator" means a person whose act(s) is (are) or was (were) directed at a stranger, or |
11 | at a person with whom a relationship has been established or promoted for the primary purpose of |
12 | victimization. |
13 | (k) "Sexually violent offense" means, and includes, any violation of §§ 11-37-2, 11-37-4, |
14 | 11-37-6, 11-37-8, 11-37-8.1, 11-37-8.3, 11-67-2 (where the victim was subject to commercial |
15 | sexual activity), 11-67-3(a), 11-67-3(b) (where the victim was subject to commercial sexual |
16 | activity), 11-67.1-3(c) (where the victim was subject to sexual servitude), 11-67.1-5(d), 11-67.1- |
17 | 6(c); or 11-5-1, where the specified felony is sexual assault; or § 11-23-1, where the murder was |
18 | committed in the perpetration of, or attempted perpetration of, rape or any degree of sexual |
19 | assault or child molestation; or any offense in another jurisdiction that is substantially the |
20 | equivalent of any offense listed in this subsection or for which the person is or would be required |
21 | to register under 42 U.S.C. § 14071 or 18 U.S.C. § 4042(c). |
22 | (l) "Sexually violent predator" means a person who has been convicted of a sexually |
23 | violent offense and who has a mental abnormality or personality disorder that makes the person |
24 | likely to engage in predatory sexually violent offenses. |
25 | (m) "Student" means, and includes, the definition of "student" under 42 U.S.C. § 14071. |
26 | (n) "Parole board" means the parole board or its designee. |
27 | 11-37.1-2. Definitions. [Effective July 1, 2019.] |
28 | (a) "Abscond" means to not register as required, or to relocate to some unknown place |
29 | other than the registered place of residence, or to conceal himself or herself in an attempt to avoid |
30 | registration or verification of registration. |
31 | (b) "Aggravated offense" means, and includes, offenses involving sexual penetration of |
32 | victims of any age through the use of force, or the threat of use of force, or offenses involving |
33 | sexual penetration of victims who are fourteen (14) years of age or under. |
34 | (c) "Board", "board of review", or "sex offender board of review" means the sex offender |
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1 | board of review appointed by the governor pursuant to § 11-37.1-6. |
2 | (d)(1) "Conviction" or "convicted" means, and includes, any instance where: |
3 | (i) A judgment of conviction has been entered against any person for any offense |
4 | specified in subsection (f) or (v), or a federal offense, a foreign offense, or a military offense, |
5 | regardless of whether an appeal is pending; or |
6 | (ii) There has been a finding of guilty for any offense specified in subsection (f) or (v), or |
7 | a federal offense, a foreign offense, or a military offense, regardless of whether an appeal is |
8 | pending; or |
9 | (iii) There has been a plea of guilty or nolo contendere for any offense specified in |
10 | subsection (f) or (v), or a federal offense, a foreign offense, or a military offense, regardless of |
11 | whether an appeal is pending; or |
12 | (iv) There has been an admission of sufficient facts or a finding of delinquency for any |
13 | offense specified in subsection (f) or (v), or a federal offense, a foreign offense, or a military |
14 | offense, regardless of whether or not an appeal is pending, but only if the offender is fourteen |
15 | (14) years of age or older at the time of the offense, and the offense adjudicated was comparable |
16 | to, or more severe than, aggravated sexual abuse as described in 18 U.S.C. § 2241, or was an |
17 | attempt or conspiracy to commit such an offense. |
18 | (2) Provided, in the event that a conviction, as defined in this subsection, has been |
19 | overturned, reversed, or otherwise vacated, the person who was the subject of the conviction shall |
20 | no longer be required to register as required by this chapter and any records of a registration shall |
21 | be destroyed. Provided, further, that nothing in this section shall be construed to eliminate a |
22 | registration requirement of a person who is again convicted of an offense for which registration is |
23 | required by this chapter. |
24 | (e) [Deleted by P.L. 2003, ch. 162, § 1 and by P.L. 2003, ch. 170, § 1]. |
25 | (f) "Criminal offense against a victim who is a minor" means, and includes, any of the |
26 | following offenses or any offense in another jurisdiction that is substantially the equivalent of the |
27 | following or for which the person is or would be required to register under 34 U.S.C. § 20911 as |
28 | amended: |
29 | (1) Kidnapping or false imprisonment of a minor, in violation of §§ 11-26-1.4, 11-26-1 or |
30 | 11-26-2, where the victim of the offense is sixteen (16) years of age or older and under the age of |
31 | eighteen (18) years; |
32 | (2) Enticement of a child in violation of § 11-26-1.5 with the intent to violate §§ 11-37-6, |
33 | 11-37-8, 11-37-8.1, 11-37-8.3; |
34 | (3) Any violation of §§ 11-37-6, 11-37-8, 11-37-8.1, or 11-37-8.3; |
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1 | (4) Any violation of § 11-1-10, where the underlying offense is a violation of chapter 34 |
2 | of this title and the victim, or person solicited to commit the offense, is under the age of eighteen |
3 | (18) years; |
4 | (5) Any violation of § 11-9-1(b) or (c); |
5 | (6) Any violation of § 11-9-1.3; |
6 | (7) Any violation of § 11-9-1.5; |
7 | (8) [Deleted by P.L. 2018, ch. 157, § 1 and by P.L. 2018, ch. 259, § 1]. |
8 | (9) Any violation of § 11-37-8.8; |
9 | (10) Any violation of § 11-64-2, where the victim is under the age of eighteen (18) years; |
10 | (11) Murder in violation of § 11-23-1, where the murder was committed in the |
11 | perpetration of, or attempted perpetration of, kidnapping and where the victim of the offense is |
12 | under eighteen (18) years of age; |
13 | (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), |
14 | or 11-67.1-7(b); or |
15 | (13) Any conviction for an attempt or conspiracy to commit an offense enumerated in this |
16 | subsection. |
17 | (g) "Designated state law enforcement agency" means the attorney general, or his or her |
18 | designee. |
19 | (h) "Employed, carries on a vocation" means and includes the definition of "employed, |
20 | carries on a vocation" under 34 U.S.C. § 20911. |
21 | (i) "Federal offense" means, and includes, any conviction for an offense that was obtained |
22 | under federal law which, if committed within the jurisdiction of this state, would require the |
23 | person to register, any conviction for an offense under 34 U.S.C. § 20911 as amended, or any |
24 | conviction for an attempt or conspiracy to commit an offense requiring registration under this |
25 | subsection. |
26 | (j) "Foreign offense" means, and includes, any conviction for an offense which, if |
27 | committed within the jurisdiction of this state, would require the person to register that was |
28 | obtained under the laws of Canada, the United Kingdom, Australia, New Zealand, or under the |
29 | laws of any foreign country when the United States state department in its country reports on |
30 | human rights practices has concluded that an independent judiciary generally or vigorously |
31 | enforced the right to a fair trial in that country during the year in which the conviction occurred, |
32 | or any conviction for an attempt or conspiracy to commit an offense enumerated in this |
33 | subsection. |
34 | (k) "Habitually lives or sleeps" means living in a place with some regularity, and with |
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1 | reference to where a person required to be registered under this chapter actually lives, which |
2 | could be some place other than a mailing address or primary address but would entail a place |
3 | where the person lives on an intermittent basis regardless of whether it pertains to a location |
4 | otherwise identifiable by street or address. |
5 | (l) "Homeless" means a person required to be registered under this chapter who lacks a |
6 | fixed, regular, and adequate nighttime residence; has a primary nighttime residence that is a |
7 | public or private place not designed for or ordinarily used as a regular sleeping accommodation |
8 | for human beings, including a car, park, abandoned building, bus or train station, airport, or |
9 | camping ground; living in a supervised publicly or privately operated shelter designated to |
10 | provide temporary living arrangements (including hotels and motels paid for by federal, state, or |
11 | local government programs for low-income individuals or by charitable organizations, congregate |
12 | shelters, and transitional housing); or who resided in a shelter or place not meant for human |
13 | habitation and who is exiting an institution where he or she temporarily resided. |
14 | (m) "Immediate" or "Immediately" means upon receipt of information provided by or |
15 | regarding a person required to register under this chapter but not later than three (3) business |
16 | days. |
17 | (n) "Institutions of higher education" means any university, two- or four-year (2 or 4) |
18 | college or community college. |
19 | (o) "Jurisdiction" means any of the fifty (50) states, the District of Columbia, the |
20 | Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern |
21 | Mariana Islands, the United States Virgin Islands, and any Indian tribe that has elected to function |
22 | as a registration and notification jurisdiction pursuant to 34 U.S.C. § 20929. |
23 | (p) "Mental abnormality" means a congenital or acquired condition of a person that |
24 | affects the emotional or volitional capacity of the person in a manner that predisposes that person |
25 | to the commission of criminal sexual acts to a degree that makes the person a menace to the |
26 | health and safety of other persons. |
27 | (q) "Military offense" means, and includes, any conviction for any military offense |
28 | specified by the secretary of defense under § 115(a)(8)(C)(i) of Pub. L. 105-119, codified at 10 |
29 | U.S.C. § 951 note, or any conviction for an attempt or conspiracy to commit an offense |
30 | enumerated in this subsection. |
31 | (r) "Parole board" means the parole board or its designee. |
32 | (s) "Predator" means a person whose act(s) is (are) or was (were) directed at a stranger, or |
33 | at a person with whom a relationship has been established or promoted for the primary purpose of |
34 | victimization. |
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1 | (t) "Public or private educational institution" means early childhood facilities (nursery |
2 | school, pre-kindergarten and kindergarten), elementary, middle, secondary, institutions of higher |
3 | education, and postsecondary educational institutions authorized or licensed by the State of |
4 | Rhode Island. |
5 | (u) "School" means the buildings and real property of kindergarten, elementary, middle, |
6 | and secondary institutions, whether public or private. |
7 | (v) "Sexually violent offense" means, and includes, any violation of §§ 11-37-2, 11-37-4, |
8 | 11-37-6, 11-37-8, 11-37-8.1, 11-37-8.3, 11-67-2 (where the victim was subject to commercial |
9 | sexual activity), 11-67-3(a), 11-67-3(b) (where the victim was subject to commercial sexual |
10 | activity), 11-67.1-3(c) (where the victim was subject to sexual servitude), 11-67.1-5(d), 11-67.1- |
11 | 6(c); or 11-5-1, where the specified felony is sexual assault; or § 11-23-1, where the murder was |
12 | committed in the perpetration of, or attempted perpetration of, rape or any degree of sexual |
13 | assault or child molestation; or any offense in another jurisdiction that is substantially the |
14 | equivalent of any offense listed in this subsection or for which the person is or would be required |
15 | to register under 34 U.S.C. § 20911 as amended, or any conviction for an attempt or conspiracy to |
16 | commit an offense enumerated in this subsection. |
17 | (w) "Sexually violent predator" means a person who has been convicted of a sexually |
18 | violent offense and who has a mental abnormality or personality disorder that makes the person |
19 | likely to engage in predatory sexually violent offenses. |
20 | (x) "Student" means, and includes, the definition of "student" under 34 U.S.C. § 20911. |
21 | 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 | |
*** | |
1 | This act would provide that only those juveniles over the age of fourteen (14) be required |
2 | to register as sex offenders and that the offense be comparable or more severe than those defined |
3 | in 18 U.S.C. § 2241. |
4 | This act would take effect upon passage. |
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