2023 -- H 5358

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LC001162

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO HUMAN SERVICES -- ABUSED AND NEGLECTED CHILDREN

     Introduced By: Representatives Casimiro, Noret, Craven, Chippendale, and Roberts

     Date Introduced: February 03, 2023

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 40-11-6.1 of the General Laws in Chapter 40-11 entitled "Abused

and Neglected Children" is hereby amended to read as follows:

     40-11-6.1. Penalty for failure to report or perform required act.

     (a) Any person, official, physician, except the persons identified in subsection (b) of this

section, or institution required by this chapter to report known or suspected child abuse or neglect

or to perform any other act who knowingly fails to do so or who knowingly prevents any person

acting reasonably from doing so shall be guilty of a misdemeanor, and upon conviction thereof,

shall be subject to a fine of not more than five hundred dollars ($500) or imprisonment for not more

than one year or both. In addition, any person, official, physician, or institution who knowingly

fails to perform any act required by this chapter or who knowingly prevents another person from

performing a required act shall be civilly liable for the damages proximately caused by that failure.

     (b) Any coach, teacher, school administrator, or person in a position of authority who

knowingly fails to report known or suspected child abuse or neglect, sexual assault or battery

involving a child or who knowingly fails to perform any other act required by law for the protection

or safety of a child, or who knowingly prevents any person acting reasonably from doing so, shall

be guilty of a felony, and upon conviction, shall be subject to a fine of not less than five thousand

dollars ($5,000), nor more than ten thousand dollars ($10,000), or to imprisonment for not more

than five (5) years, or both.

     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 HUMAN SERVICES -- ABUSED AND NEGLECTED CHILDREN

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     This act would require that any coach, teacher, school administrator, or person in a position

of authority who knowingly fails to report known or suspected child abuse or neglect, sexual assault

or battery involving a child or who knowingly fails to perform any other act required by law for the

protection or safety of a child would be guilty of a felony, and upon conviction, would be subject

to a fine of not less the five thousand dollars ($5,000), nor more than ten thousand dollars ($10,000),

or to imprisonment for not more than five (5) years, or both.

     This act would take effect upon passage.

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