2019 -- S 0317

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LC000920

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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 ASSAULT

     Introduced By: Senators Bell, Quezada, Nesselbush, Seveney, and Cano

     Date Introduced: February 13, 2019

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 11-37 of the General Laws entitled "Sexual Assault" is hereby

amended by adding thereto the following section:

     11-37-18. Custodial sexual assault.

     (a) A person is guilty of custodial sexual assault if:

     (1) He or she engages in sexual penetration with another person; and

     (2) The accused is a peace officer as defined in § 12-7-21 and the victim is detained, in

custody, under arrest, confined in a correctional or law enforcement facility, in a work release

program, or on probation, parole or other form of conditional or supervised release; and

     (3) The peace officer:

     (i) Is responsible for effecting the detention, custody, arrest, or confinement of the victim

or maintaining the victim in custody, detention, arrest, confinement, or a work release program,

or knows, or reasonably should know, that the victim is under such custody, detention, arrest,

confinement, or in a work release program; or

     (ii) Has supervisory authority over the victim’s probation, parole, or other form of

conditional or supervised release; or

     (iii) Is not married to the victim and has the authority to influence the terms, conditions,

length of or fact of probation, parole or other form of conditional or supervised release; and

     (4) None of the circumstances set forth in §§ 11-37-2 or 11-37-4 exist.

     (b) Any person who shall be convicted of custodial sexual assault shall be subject to

imprisonment for a period not to exceed three (3) years.

     (c) Any person convicted under this section shall not be subject to the provisions of

chapter 37.1 of this title.

     (d) It shall be an affirmative defense, to be proven by the accused by a preponderance of

the evidence, that the act of sexual penetration resulted from force or coercion by the other

person.

     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 ASSAULT

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     This act would establish criteria for the criminal offense of sexual assault when the victim

is in the custody of a peace officer. The act would also provide that a person convicted of

custodial sexual assault would face imprisonment for not more than three (3) years.

     This act would take effect upon passage.

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