Chapter 506

2014 -- H 7764 SUBSTITUTE A AS AMENDED

Enacted 07/09/14

 

A N   A C T

RELATING TO CRIMINAL OFFENSES-CHILD SAFE ZONES

Introduced By: Representatives Ackerman, Johnston, O'Brien, Casey, and McNamara

Date Introduced: February 27, 2014

 

It is enacted by the General Assembly as follows:

 

SECTION 1. Title 11 of the General Laws "Criminal Offenses" is hereby amended by adding the following chapter:

CHAPTER 11-37.3

CHILD SAFE ZONES

11-37.3-1.  Definitions. -- As used in this chapter:

(1) "Employee" means an individual hired directly by the entity; a contractual employee of the entity; an individual hired by a third party who has contracted with the entity; an independent contractor of the entity; or a volunteer of the entity.

(2) "Child Safe Zone" means the following entities:

(i) Any private, municipal, county, or state fair or carnival;

(ii) Any children's arcade, amusement center having coin or token operated devices for entertainment, movie theatre, or facilities providing programs or services intended primarily for minors;

(iii) A public or nonpublic elementary or secondary school, child care facility, or public library:

(iv) Any place intended primarily for use by minors including, but not limited to, a playground, a children's play area, recreational or sport-related activity area, a swimming or wading pool, or a beach; and

(v) Any health care facility intended primarily for minors.

(3) "Minor" means a person under the age of eighteen (18) years old.

(4) "Offender" means a person who is, or is required to be, registered as a sex offender in this state or any other jurisdiction and whose victim was a minor.

11-37.3-2. Prohibition from Employment. -- (a) Any entity that is a child safe zone is prohibited from employing a person who is an offender.

(b) The individual who made the final hiring decision for an entity that is a child safe zone that knowingly employs an offender as prohibited in § 11-37.3-3(a) shall be subject to a fine of one thousand dollars ($1,000) for each day the offender is employed.

(c) Any offender who knowingly misrepresents or omits his or her sex offender registration status to obtain employment in a child safe zone shall be guilty of a felony and, upon conviction, be subject to imprisonment for not more than five (5) years, a fine of not more than five thousand dollars ($5,000), or both.

11-37.3-3. Prohibition from ownership or operation. -- (a) Any offender is prohibited from owning or operating an entity that is a child safe zone. This prohibition shall not apply to any offender who owned or operated an entity that is a child safe zone prior to August 1, 2014.

(b) Any offender who knowingly owns or operates an entity that is a child safe zone shall be guilty of a felony and, upon conviction, be subject to imprisonment for not more than five (5) years, a fine of not more than five thousand dollars ($5,000), or both.

11-37.3-4. Immunity from liability. -- An entity that is a child safe zone that declines to hire, or declines to continue an offender’s employment, on the basis of the employment prohibition in § 11-37.3-2(a) shall not be liable for civil damages or subject to any claim, demand, cause of action, or proceeding of any nature as a result of the prohibition.

SECTION 2. This act shall take effect on August 1, 2014.

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