2019 -- S 0845

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LC002427

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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 PROBATE PRACTICE AND PROCEDURE -- LIMITED GUARDIANSHIP

AND GUARDIANSHIP OF ADULTS

     Introduced By: Senators Coyne, McCaffrey, Lombardi, Conley, and Lynch Prata

     Date Introduced: April 30, 2019

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 33-15 of the General Laws entitled "Limited Guardianship and

Guardianship of Adults" is hereby amended by adding thereto the following section:

     33-15-16.1. National criminal background checks for persons appointed limited

guardian or guardian.

     (a) In order to assist and protect Rhode Island's at-risk elderly and others over whom a

limited guardian or guardian would be required, all persons applying for appointment as a limited

guardian or guardian shall apply to the Rhode Island attorney general, the Rhode Island state

police, or to the appropriate local police department for a nationwide criminal records check,

utilizing a standard form to be provided by the probate court. The applicant whose criminal

records check is being conducted shall be responsible for the payment of the costs of said

criminal records check. The check will conform to the applicable federal standards, including the

taking of fingerprints of the applicant.

     (b) An individual may be appointed as a temporary limited guardian or temporary

guardian for a period not to exceed sixty (60) days, pending completion of the national criminal

background check required by this section.

     (c) For the purposes of this section, information produced by a national criminal records

check pertaining to conviction for the following crimes may be considered as "disqualifying

information": murder, voluntary manslaughter, involuntary manslaughter, first-degree sexual

assault, second-degree sexual assault, third-degree sexual assault, assault on persons sixty (60)

years of age or older, assault with intent to commit specified felonies (murder, robbery, rape,

burglary, or the abominable and detestable crime against nature), felony assault, patient abuse,

neglect or mistreatment of patients, burglary, first-degree arson, robbery, felony drug offenses,

felony larceny, or felony banking law violations, felony obtaining money under false pretenses,

felony embezzlement, abuse, neglect and/or exploitation of adults with severe impairments,

exploitation of elders, or a crime under section 1128(a) of the Social Security Act (42 U.S.C. §

1320a-7(a)).

     (d) For the purposes of this section, "conviction" means, in addition to judgments of

conviction entered by a court subsequent to a finding of guilty or a plea of guilty, those instances

where the defendant has entered a plea of nolo contendere and has received a sentence of

probation and those instances where a defendant has entered into a deferred sentence agreement.

     (e) If any disqualifying information is discovered with respect to the applicant, the bureau

of criminal identification of the attorney general, state police or the local police department will

inform the probate court, in writing, without disclosing the nature of the disqualifying

information, that an item of disqualifying nature has been discovered. In addition, the bureau of

criminal identification of the attorney general, state police or the local police department will

inform the applicant, in writing, of the nature of the disqualifying information. An applicant

against whom disqualifying information has been found may request that a copy of the criminal

background report be sent to the probate court which shall make a judgment regarding the

suitability of the applicant.

     (f) At the conclusion of any background check required by this chapter, the bureau of

criminal identification of the attorney general, state police or the local police department will

promptly destroy the fingerprint card of the applicant.

     (g) In those situations in which no disqualifying information has been found, the bureau

of criminal identification of the attorney general, state police or the local police department shall

inform both the applicant and the probate court of this fact.

     (h) The probate court shall maintain a record subject to review by the department of

attorney general of the evidence that criminal background checks have been initiated and

completed and the results thereof, in compliance with the provisions of this section for all persons

seeking appointment as a guardian or limited guardian after January 1, 2020.

     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 PROBATE PRACTICE AND PROCEDURE -- LIMITED GUARDIANSHIP

AND GUARDIANSHIP OF ADULTS

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     This act would require that all persons seeking appointment as a limited guardian or

guardian pursuant to chapter 15 of title 33 ("Limited Guardianships and Guardianship of Adults")

be required to undergo a criminal background check.

     This act would take effect upon passage.

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