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:

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

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

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

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guardian or guardian.

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

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

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

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

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

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

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

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taking of fingerprints of the applicant.

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

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

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background check required by this section.

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

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

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

 

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

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

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

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

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

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

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

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1320a-7(a)).

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

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

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

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

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

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

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

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

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

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

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

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

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suitability of the applicant.

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

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

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promptly destroy the fingerprint card of the applicant.

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

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

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

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

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

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

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

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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 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

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

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be required to undergo a criminal background check.

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     This act would take effect upon passage.

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