2022 -- S 2397

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LC003339

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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 -- CHILDREN

     Introduced By: Senators Raptakis, Archambault, F Lombardi, Lombardo, Sosnowski,
Felag, E Morgan, Euer, Anderson, and Burke

     Date Introduced: February 15, 2022

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 11-9-5 of the General Laws in Chapter 11-9 entitled "Children" is

hereby amended to read as follows:

     11-9-5. Cruelty to or neglect of child.

     (a) Every person having the custody or control of any child under the age of eighteen (18)

years who shall abandon that child, or who shall treat the child with gross or habitual cruelty, or

who shall wrongfully cause or permit that child to be an habitual sufferer for want of food, clothing,

proper care, or oversight, or who shall use or permit the use of that child for any wanton, cruel, or

improper purpose, or who shall compel, cause, or permit that child to do any wanton or wrongful

act, or who shall cause or permit the home of that child to be the resort of lewd, drunken, wanton,

or dissolute persons, or who by reason of neglect, cruelty, drunkenness, or depravity, shall render

the home of that child a place in which it is unfit for that child to live, or who shall neglect or refuse

to pay the reasonable charges for the support of that child, whenever the child shall be placed by

him or her in the custody of, or be assigned by any court to, any individual, association, or

corporation, shall be guilty of a felony and shall for every such offense be imprisoned for not less

than one year nor more than three (3) years, or be fined not exceeding one thousand dollars

($1,000), or both, and the child may be proceeded against as a neglected child under the provisions

of chapter 1 of title 14.

     (b) In addition to any penalty provided in this section, any person convicted or placed on

probation for this offense may be required to receive psychosociological counseling in child

growth, care and development as a part of that sentence or probation. For purposes of this section,

and in accordance with § 40-11-15, a parent or guardian practicing his or her religious beliefs which

differ from general community standards who does not provide specified medical treatment for a

child shall not, for that reason alone, be considered an abusive or negligent parent or guardian;

provided, the provisions of this section shall not: (1) exempt a parent or guardian from having

committed the offense of cruelty or neglect if the child is harmed under the provisions of (a) above;

(2) exempt the department from the provisions of § 40-11-5; or (3) prohibit the department from

filing a petition, pursuant to the provisions of § 40-11-15, for medical services for a child, where

his or her health requires it.

     SECTION 2. Section 31-22-22.1 of the General Laws in Chapter 31-22 entitled

"Miscellaneous Rules" is hereby repealed.

     31-22-22.1. Child passenger protection -- Warnings of hazard and risk.

     (a) All law enforcement officers in this state are authorized to provide a verbal warning to

any person who shall be deemed to have left a child under the age of seven (7) unattended in a

motor vehicle. The warning shall apprise the offending person of the dangers of this practice

including, but not limited to, the risk of kidnapping and/or abduction, and the dangers which may

result from the accumulation of excessive temperatures within the motor vehicle.

     (b) No fine or sanction shall be imposed for a violation of this section, other than a verbal

warning, and no record of any kind shall be maintained of the warning.

     SECTION 3. 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 -- CHILDREN

***

     This act would repeal the requirement that law enforcement officers issue only warnings

of the risks to persons leaving a child under the age of seven (7) unattended in a motor vehicle.

     This act would take effect upon passage.

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