2022 -- H 7704

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LC003999

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO CRIMINAL OFFENSES -- COMMERCIAL SEXUAL ACTIVITY

     Introduced By: Representatives Williams, Giraldo, Batista, Vella-Wilkinson, and Slater

     Date Introduced: March 02, 2022

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 11-34.1 of the General Laws entitled "Commercial Sexual Activity"

is hereby amended by adding thereto the following section:

     11-34.1-6.1. Immunity from criminal prosecution.

     In the event a person is a victim of, or a witness to commercial sexual activity in violation

of chapter 34.1 of title 11, including an individual who becomes aware that another person is a

victim of commercial sexual activity, and has engaged in, or has alleged to have engaged in an act

prohibited by §§ 11-34.1-2, 11-34.1-3, 11-34.1-4, or 11-34.1-6, or in reasonable proximity to the

time of the offense or under circumstances reasonably related to such an offense, that person shall

not be charged with a violation of §§ 11-34.1-2, 11-34.1-3, 11-34.1-4 or 11-34.1-6 if that person,

in good faith, reports the offense to a law enforcement agency, seeks or receives health care services

as a result of their involvement or witnessing the offense, or assists or attempts to assist in the

investigation and prosecution of the offense. If the victim or witness later withdraws cooperation

due to safety concerns, physical or emotional health, or any other reason, the victim or witness shall

not be charged and will remain immune from prosecution. As used in this section "commercial

sexual activity" or "offense" shall include an act that reasonably appears to be a violation of chapter

34.1 of title 12, regardless of whether it results in a conviction of any 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 -- COMMERCIAL SEXUAL ACTIVITY

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     This act would grant immunity to any person engaged in or witnessing commercial sexual

activity if they report the offense to law enforcement and in good faith assist or attempt to assist in

the investigation of the offense, even if they later withdraw their cooperation.

     This act would take effect upon passage.

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