2021 -- H 5467

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LC000055

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO CRIMINAL OFFENSES -- CRIMINAL SEXUAL ACTIVITY

     

     Introduced By: Representatives Williams, Messier, Ajello, Slater, Felix, and Alzate

     Date Introduced: February 10, 2021

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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

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is hereby amended by adding thereto the following section:

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     11-34.1-6.1. Immunity from criminal prosecution.

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     In the event a person is the victim of or a witness to a crime, including an individual who

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becomes aware that another person is a victim of a crime, and has engaged or is alleged to have

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engaged in an act prohibited pursuant to §§ 11-34.1-2, 11-34.1-3, 11-34.1-4, or 11-34.1-6, or in

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reasonable proximity to the time of the crime or under circumstances reasonably related to the

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crime, that person shall not be charged with a violation of §§ 11-34.1-2 through 11-34.1-4 or 11-

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34.1-6 if that person, in good faith, reports the crime to a criminal law enforcement agency, seeks

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or receives health care services as a result of the crime, or assists or attempts to assist in the

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investigation or prosecution of the crime. If the victim or witness later withdraws cooperation due

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to safety concerns, physical or emotional health, or any other reason, the victim or witness shall not

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be charged under those sections. As used in this section, "crime" shall include an act that reasonably

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appears to be a crime, regardless of whether it results in conviction.

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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 CRIMINAL OFFENSES -- CRIMINAL SEXUAL ACTIVITY

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     This act would grant immunity to people engaged in commercial sexual activity if they

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report to law enforcement that they are victims of or witnesses to a crime. This act would ensure

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that they feel safe in coming forward to report crimes and are able to report exploitation or violence

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committed against others.

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     This act would take effect upon passage.

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