2019 -- S 0230

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LC000852

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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 CRIMINAL OFFENSES - SEXUAL OFFENDER REGISTRATION AND

COMMUNITY NOTIFICATION

     Introduced By: Senator Harold M. Metts

     Date Introduced: January 31, 2019

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 11-37.1-2 of the General Laws in Chapter 11-37.1 entitled "Sexual

Offender Registration and Community Notification" is hereby amended to read as follows:

     11-37.1-2. Definitions. [Effective until July 1, 2019.]

     (a) "Aggravated offense" means, and includes, offenses involving sexual penetration of

victims of any age through the use of force, or the threat of use of force, or offenses involving

sexual penetration of victims who are fourteen (14) years of age or under.

     (b) "Board", "board of review", or "sex offender board of review" means the sex offender

board of review appointed by the governor pursuant to § 11-37.1-6.

     (c)(1) "Conviction" or "convicted" means, and includes, any instance where:

     (i) A judgment of conviction has been entered against any person for any offense

specified in subsection (e) or (k), regardless of whether an appeal is pending; or

     (ii) There has been a finding of guilty for any offense specified in subsection (e) or (k),

regardless of whether an appeal is pending; or

     (iii) There has been a plea of guilty or nolo contendere for any offense specified in

subsection (e) or (k), regardless of whether an appeal is pending; or

     (iv) There has been an admission of sufficient facts or a finding of delinquency for any

offense specified in subsection (e) or (k), regardless of whether or not an appeal is pending, but

only if the offender is fourteen (14) years of age or older at the time of the offense, and the

offense adjudicated was comparable to, or more severe than, aggravated sexual abuse as

described in 18 U.S.C. § 2241, or was an attempt or conspiracy to commit such an offense.

     (2) Provided, in the event that a conviction, as defined in this subsection, has been

overturned, reversed, or otherwise vacated, the person who was the subject of the conviction shall

no longer be required to register as required by this chapter and any records of a registration shall

be destroyed. Provided, further, that nothing in this section shall be construed to eliminate a

registration requirement of a person who is again convicted of an offense for which registration is

required by this chapter.

     (d) [Deleted by P.L. 2003, ch. 162, § 1 and by P.L. 2003, ch. 170, § 1].

     (e) "Criminal offense against a victim who is a minor" means, and includes, any of the

following offenses or any offense in another jurisdiction that is substantially the equivalent of the

following or for which the person is or would be required to register under 42 U.S.C. § 14071 or

18 U.S.C. § 4042(c):

     (1) Kidnapping or false imprisonment of a minor, in violation of §§ 11-26-1.4, 11-26-1 or

11-26-2, where the victim of the offense is sixteen (16) years of age or older and under the age of

eighteen (18) years;

     (2) Enticement of a child in violation of § 11-26-1.5 with the intent to violate §§ 11-37-6,

11-37-8, 11-37-8.1, 11-37-8.3;

     (3) Any violation of §§ 11-37-6, 11-37-8, 11-37-8.1, or 11-37-8.3;

     (4) Any violation of § 11-1-10, where the underlying offense is a violation of chapter 34

of this title and the victim, or person solicited to commit the offense, is under the age of eighteen

(18) years;

     (5) Any violation of § 11-9-1(b) or (c);

     (6) Any violation of § 11-9-1.3;

     (7) Any violation of § 11-9-1.5;

     (8) Any violation of § 11-37.1-10;

     (9) Any violation of § 11-37-8.8;

     (10) Any violation of § 11-64-2, where the victim is under the age of eighteen (18) years;

     (11) Murder in violation of § 11-23-1, where the murder was committed in the

perpetration of, or attempted perpetration of, kidnapping and where the victim of the offense is

under eighteen (18) years of age; or

     (12) Any violation of §§ 11-67-6, 11-67.1-3(b), 11-67.1-4(b), 11-67.1-5(c), 11-67.1-6(b),

or 11-67.1-7(b).

     (f) "Designated state law enforcement agency" means the attorney general, or his or her

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designee.

     (g) "Employed, carries on a vocation" means and includes the definition of "employed,

carries on a vocation" under 42 U.S.C. § 14071.

     (h) "Institutions of higher education" means any university, two- or four-year (2 or 4)

college or community college.

     (i) "Mental abnormality" means a congenital or acquired condition of a person that affects

the emotional or volitional capacity of the person in a manner that predisposes that person to the

commission of criminal sexual acts to a degree that makes the person a menace to the health and

safety of other persons.

     (j) "Predator" means a person whose act(s) is (are) or was (were) directed at a stranger, or

at a person with whom a relationship has been established or promoted for the primary purpose of

victimization.

     (k) "Sexually violent offense" means, and includes, any violation of §§ 11-37-2, 11-37-4,

11-37-6, 11-37-8, 11-37-8.1, 11-37-8.3, 11-67-2 (where the victim was subject to commercial

sexual activity), 11-67-3(a), 11-67-3(b) (where the victim was subject to commercial sexual

activity), 11-67.1-3(c) (where the victim was subject to sexual servitude), 11-67.1-5(d), 11-67.1-

6(c); or 11-5-1, where the specified felony is sexual assault; or § 11-23-1, where the murder was

committed in the perpetration of, or attempted perpetration of, rape or any degree of sexual

assault or child molestation; or any offense in another jurisdiction that is substantially the

equivalent of any offense listed in this subsection or for which the person is or would be required

to register under 42 U.S.C. § 14071 or 18 U.S.C. § 4042(c).

     (l) "Sexually violent predator" means a person who has been convicted of a sexually

violent offense and who has a mental abnormality or personality disorder that makes the person

likely to engage in predatory sexually violent offenses.

     (m) "Student" means, and includes, the definition of "student" under 42 U.S.C. § 14071.

     (n) "Parole board" means the parole board or its designee.

     11-37.1-2. Definitions. [Effective July 1, 2019.]

     (a) "Abscond" means to not register as required, or to relocate to some unknown place

other than the registered place of residence, or to conceal himself or herself in an attempt to avoid

registration or verification of registration.

     (b) "Aggravated offense" means, and includes, offenses involving sexual penetration of

victims of any age through the use of force, or the threat of use of force, or offenses involving

sexual penetration of victims who are fourteen (14) years of age or under.

     (c) "Board", "board of review", or "sex offender board of review" means the sex offender

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board of review appointed by the governor pursuant to § 11-37.1-6.

     (d)(1) "Conviction" or "convicted" means, and includes, any instance where:

     (i) A judgment of conviction has been entered against any person for any offense

specified in subsection (f) or (v), or a federal offense, a foreign offense, or a military offense,

regardless of whether an appeal is pending; or

     (ii) There has been a finding of guilty for any offense specified in subsection (f) or (v), or

a federal offense, a foreign offense, or a military offense, regardless of whether an appeal is

pending; or

     (iii) There has been a plea of guilty or nolo contendere for any offense specified in

subsection (f) or (v), or a federal offense, a foreign offense, or a military offense, regardless of

whether an appeal is pending; or

     (iv) There has been an admission of sufficient facts or a finding of delinquency for any

offense specified in subsection (f) or (v), or a federal offense, a foreign offense, or a military

offense, regardless of whether or not an appeal is pending, but only if the offender is fourteen

(14) years of age or older at the time of the offense, and the offense adjudicated was comparable

to, or more severe than, aggravated sexual abuse as described in 18 U.S.C. § 2241, or was an

attempt or conspiracy to commit such an offense.

     (2) Provided, in the event that a conviction, as defined in this subsection, has been

overturned, reversed, or otherwise vacated, the person who was the subject of the conviction shall

no longer be required to register as required by this chapter and any records of a registration shall

be destroyed. Provided, further, that nothing in this section shall be construed to eliminate a

registration requirement of a person who is again convicted of an offense for which registration is

required by this chapter.

     (e) [Deleted by P.L. 2003, ch. 162, § 1 and by P.L. 2003, ch. 170, § 1].

     (f) "Criminal offense against a victim who is a minor" means, and includes, any of the

following offenses or any offense in another jurisdiction that is substantially the equivalent of the

following or for which the person is or would be required to register under 34 U.S.C. § 20911 as

amended:

     (1) Kidnapping or false imprisonment of a minor, in violation of §§ 11-26-1.4, 11-26-1 or

11-26-2, where the victim of the offense is sixteen (16) years of age or older and under the age of

eighteen (18) years;

     (2) Enticement of a child in violation of § 11-26-1.5 with the intent to violate §§ 11-37-6,

11-37-8, 11-37-8.1, 11-37-8.3;

     (3) Any violation of §§ 11-37-6, 11-37-8, 11-37-8.1, or 11-37-8.3;

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     (4) Any violation of § 11-1-10, where the underlying offense is a violation of chapter 34

of this title and the victim, or person solicited to commit the offense, is under the age of eighteen

(18) years;

     (5) Any violation of § 11-9-1(b) or (c);

     (6) Any violation of § 11-9-1.3;

     (7) Any violation of § 11-9-1.5;

     (8) [Deleted by P.L. 2018, ch. 157, § 1 and by P.L. 2018, ch. 259, § 1].

     (9) Any violation of § 11-37-8.8;

     (10) Any violation of § 11-64-2, where the victim is under the age of eighteen (18) years;

     (11) Murder in violation of § 11-23-1, where the murder was committed in the

perpetration of, or attempted perpetration of, kidnapping and where the victim of the offense is

under eighteen (18) years of age;

     (12) Any violation of §§ 11-67-6, 11-67.1-3(b), 11-67.1-4(b), 11-67.1-5(c), 11-67.1-6(b),

or 11-67.1-7(b); or

     (13) Any conviction for an attempt or conspiracy to commit an offense enumerated in this

subsection.

     (g) "Designated state law enforcement agency" means the attorney general, or his or her

designee.

     (h) "Employed, carries on a vocation" means and includes the definition of "employed,

carries on a vocation" under 34 U.S.C. § 20911.

     (i) "Federal offense" means, and includes, any conviction for an offense that was obtained

under federal law which, if committed within the jurisdiction of this state, would require the

person to register, any conviction for an offense under 34 U.S.C. § 20911 as amended, or any

conviction for an attempt or conspiracy to commit an offense requiring registration under this

subsection.

     (j) "Foreign offense" means, and includes, any conviction for an offense which, if

committed within the jurisdiction of this state, would require the person to register that was

obtained under the laws of Canada, the United Kingdom, Australia, New Zealand, or under the

laws of any foreign country when the United States state department in its country reports on

human rights practices has concluded that an independent judiciary generally or vigorously

enforced the right to a fair trial in that country during the year in which the conviction occurred,

or any conviction for an attempt or conspiracy to commit an offense enumerated in this

subsection.

     (k) "Habitually lives or sleeps" means living in a place with some regularity, and with

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reference to where a person required to be registered under this chapter actually lives, which

could be some place other than a mailing address or primary address but would entail a place

where the person lives on an intermittent basis regardless of whether it pertains to a location

otherwise identifiable by street or address.

     (l) "Homeless" means a person required to be registered under this chapter who lacks a

fixed, regular, and adequate nighttime residence; has a primary nighttime residence that is a

public or private place not designed for or ordinarily used as a regular sleeping accommodation

for human beings, including a car, park, abandoned building, bus or train station, airport, or

camping ground; living in a supervised publicly or privately operated shelter designated to

provide temporary living arrangements (including hotels and motels paid for by federal, state, or

local government programs for low-income individuals or by charitable organizations, congregate

shelters, and transitional housing); or who resided in a shelter or place not meant for human

habitation and who is exiting an institution where he or she temporarily resided.

     (m) "Immediate" or "Immediately" means upon receipt of information provided by or

regarding a person required to register under this chapter but not later than three (3) business

days.

     (n) "Institutions of higher education" means any university, two- or four-year (2 or 4)

college or community college.

     (o) "Jurisdiction" means any of the fifty (50) states, the District of Columbia, the

Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern

Mariana Islands, the United States Virgin Islands, and any Indian tribe that has elected to function

as a registration and notification jurisdiction pursuant to 34 U.S.C. § 20929.

     (p) "Mental abnormality" means a congenital or acquired condition of a person that

affects the emotional or volitional capacity of the person in a manner that predisposes that person

to the commission of criminal sexual acts to a degree that makes the person a menace to the

health and safety of other persons.

     (q) "Military offense" means, and includes, any conviction for any military offense

specified by the secretary of defense under § 115(a)(8)(C)(i) of Pub. L. 105-119, codified at 10

U.S.C. § 951 note, or any conviction for an attempt or conspiracy to commit an offense

enumerated in this subsection.

     (r) "Parole board" means the parole board or its designee.

     (s) "Predator" means a person whose act(s) is (are) or was (were) directed at a stranger, or

at a person with whom a relationship has been established or promoted for the primary purpose of

victimization.

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     (t) "Public or private educational institution" means early childhood facilities (nursery

school, pre-kindergarten and kindergarten), elementary, middle, secondary, institutions of higher

education, and postsecondary educational institutions authorized or licensed by the State of

Rhode Island.

     (u) "School" means the buildings and real property of kindergarten, elementary, middle,

and secondary institutions, whether public or private.

     (v) "Sexually violent offense" means, and includes, any violation of §§ 11-37-2, 11-37-4,

11-37-6, 11-37-8, 11-37-8.1, 11-37-8.3, 11-67-2 (where the victim was subject to commercial

sexual activity), 11-67-3(a), 11-67-3(b) (where the victim was subject to commercial sexual

activity), 11-67.1-3(c) (where the victim was subject to sexual servitude), 11-67.1-5(d), 11-67.1-

6(c); or 11-5-1, where the specified felony is sexual assault; or § 11-23-1, where the murder was

committed in the perpetration of, or attempted perpetration of, rape or any degree of sexual

assault or child molestation; or any offense in another jurisdiction that is substantially the

equivalent of any offense listed in this subsection or for which the person is or would be required

to register under 34 U.S.C. § 20911 as amended, or any conviction for an attempt or conspiracy to

commit an offense enumerated in this subsection.

     (w) "Sexually violent predator" means a person who has been convicted of a sexually

violent offense and who has a mental abnormality or personality disorder that makes the person

likely to engage in predatory sexually violent offenses.

     (x) "Student" means, and includes, the definition of "student" under 34 U.S.C. § 20911.

     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 - SEXUAL OFFENDER REGISTRATION AND

COMMUNITY NOTIFICATION

***

     This act would provide that only those juveniles over the age of fourteen (14) be required

to register as sex offenders and that the offense be comparable or more severe than those defined

in 18 U.S.C. § 2241.

     This act would take effect upon passage.

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