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 | |
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Introduced By: Senators Raptakis, Archambault, F Lombardi, Lombardo, Sosnowski, | |
Date Introduced: February 15, 2022 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 11-9-5 of the General Laws in Chapter 11-9 entitled "Children" is |
2 | hereby amended to read as follows: |
3 | 11-9-5. Cruelty to or neglect of child. |
4 | (a) Every person having the custody or control of any child under the age of eighteen (18) |
5 | years who shall abandon that child, or who shall treat the child with gross or habitual cruelty, or |
6 | who shall wrongfully cause or permit that child to be an habitual sufferer for want of food, clothing, |
7 | proper care, or oversight, or who shall use or permit the use of that child for any wanton, cruel, or |
8 | improper purpose, or who shall compel, cause, or permit that child to do any wanton or wrongful |
9 | act, or who shall cause or permit the home of that child to be the resort of lewd, drunken, wanton, |
10 | or dissolute persons, or who by reason of neglect, cruelty, drunkenness, or depravity, shall render |
11 | the home of that child a place in which it is unfit for that child to live, or who shall neglect or refuse |
12 | to pay the reasonable charges for the support of that child, whenever the child shall be placed by |
13 | him or her in the custody of, or be assigned by any court to, any individual, association, or |
14 | corporation, shall be guilty of a felony and shall for every such offense be imprisoned for not less |
15 | than one year nor more than three (3) years, or be fined not exceeding one thousand dollars |
16 | ($1,000), or both, and the child may be proceeded against as a neglected child under the provisions |
17 | of chapter 1 of title 14. |
18 | (b) In addition to any penalty provided in this section, any person convicted or placed on |
19 | probation for this offense may be required to receive psychosociological counseling in child |
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1 | growth, care and development as a part of that sentence or probation. For purposes of this section, |
2 | and in accordance with § 40-11-15, a parent or guardian practicing his or her religious beliefs which |
3 | differ from general community standards who does not provide specified medical treatment for a |
4 | child shall not, for that reason alone, be considered an abusive or negligent parent or guardian; |
5 | provided, the provisions of this section shall not: (1) exempt a parent or guardian from having |
6 | committed the offense of cruelty or neglect if the child is harmed under the provisions of (a) above; |
7 | (2) exempt the department from the provisions of § 40-11-5; or (3) prohibit the department from |
8 | filing a petition, pursuant to the provisions of § 40-11-15, for medical services for a child, where |
9 | his or her health requires it. |
10 | SECTION 2. Section 31-22-22.1 of the General Laws in Chapter 31-22 entitled |
11 | "Miscellaneous Rules" is hereby repealed. |
12 | 31-22-22.1. Child passenger protection -- Warnings of hazard and risk. |
13 | (a) All law enforcement officers in this state are authorized to provide a verbal warning to |
14 | any person who shall be deemed to have left a child under the age of seven (7) unattended in a |
15 | motor vehicle. The warning shall apprise the offending person of the dangers of this practice |
16 | including, but not limited to, the risk of kidnapping and/or abduction, and the dangers which may |
17 | result from the accumulation of excessive temperatures within the motor vehicle. |
18 | (b) No fine or sanction shall be imposed for a violation of this section, other than a verbal |
19 | warning, and no record of any kind shall be maintained of the warning. |
20 | 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 | |
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1 | This act would repeal the requirement that law enforcement officers issue only warnings |
2 | of the risks to persons leaving a child under the age of seven (7) unattended in a motor vehicle. |
3 | This act would take effect upon passage. |
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