A N A C T
RELATING TO CHILD ABUSE -- SHAKEN BABY SYNDROME
It is enacted by the General Assembly as follows:
SECTION 1. Section 11-9-5.3 of the General Laws in Chapter 11-9 entitled "Children" is hereby amended to read as follows:
11-9-5.3. Child abuse. -- (a) This section shall be known as "Brendan's Law".
(b) Definitions.. - As used in this section:
(1) "Serious bodily injury" means physical injury that:
(i) Creates a substantial risk of death;
(ii) Causes protracted loss or impairment of the function of any bodily parts, member or organ, including any fractures of any bones; or
(iii) Causes serious disfigurement. ; or,
(iv) Evidences subdural hematoma, intercranial hemorrhage and/or retinal hemorrhages as signs of "shaken baby syndrome" and/or "abusive head trauma."
(2) "Serious Other physical injury" means any injury, other than a serious bodily injury, which arises other than from the imposition of nonexcessive corporal punishment.
(c) Elements and degrees of offenses. . - Whenever a person having care of a child, as defined by section 40-11-2(2), whether assumed voluntarily or because of a legal obligation, including any instance where a child has been placed by his or her parents, caretaker, or licensed or governmental child placement agency for care or treatment, knowingly or intentionally:
(1) Inflicts upon a child serious bodily injury, that person is guilty of first degree child abuse.
(2) Inflicts upon a child any other serious physical injury, that person is guilty of second degree child abuse.
(d) Penalties.. - (1) Any person who commits first degree child abuse shall be imprisoned for not more than twenty (20) years, nor less than ten (10) years and fined not more than ten thousand dollars ($10,000). Any person who is convicted of second degree child abuse shall be imprisoned for not more than ten (10) years, nor less than five (5) years and fined not more than five thousand dollars ($5,000).
(2) Any person who commits first degree child abuse on a child of five (5) years of age or under, on the first ten (10) years of sentence shall not be afforded the benefit of suspension or deferment of sentence nor of probation for penalties provided in this section. The court shall order the defendant to serve a minimum of eight and one-half (8 1/2) years or more of the sentence before becoming eligible for parole.
(3) Any person who has been previously convicted of first or second degree child abuse under this section and then commits first degree child abuse shall be imprisoned for not more than forty (40) years nor less than twenty (20) years, fined not more than twenty thousand ($20,000) dollars, and is subject to subdivision (d) (2) of this section if applicable. Any person who has been previously convicted of first or second degree child abuse under this section and then commits second degree child abuse shall be imprisoned for not more than twenty (20) years nor less than ten (10) years and fined not more than ten thousand ($10,000) dollars.
SECTION 2. This act shall take effect upon passage.