SECTION 1. Sections 11-37.1-2, 11-37.1-3 and 11-37.1-11 of the General Laws in Chapter 11-37.1 entitled "Sexual Offender Registration and Community Notification" are hereby amended to read as follows:

11-37.1-2. Definitions. -- As used in this chapter:

(1) "Aggravated offense" means 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.

(2) "Board", "board of review", or "board of review of sexually violent predatory behavior" means the board of review of sexually violent predatory behavior appointed by the governor pursuant to section 11-37.1-6.

(3) "Conviction" or "convicted" means any instance where:

(i) (A) A judgment of conviction has been entered against any person for any offense specified in subsection (5) or (10) of this section, regardless of whether an appeal is pending;

(B) There has been a finding of guilty for any offense specified in subsection (5) or (10) of this section, regardless of whether an appeal is pending;

(C) There has been a plea of guilty or nolo contendere for any offense specified in subsection (5) or (10) of this section, regardless of whether an appeal is pending; or

(D) There has been an admission of sufficient facts or a finding of delinquency for any offense specified in subsection (5) or (10) of this section, regardless of whether or not an appeal is pending.

(ii) 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 that conviction shall no longer be required to register as required by this chapter and any records of that registration shall be destroyed.

(iii) Nothing in this subsection 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.

(4) "Council" or "community notification council" means the community notification council appointed pursuant to section 11-37.1-12.

(5) "Criminal offense against a victim who is a minor" means any of the following offenses or any offense in another jurisdiction which is substantially the equivalent of the following or for which the person is or would be required to register under 42 U.S.C. section 14071 or 18 U.S.C. section 4042(c):

(i) Kidnapping or false imprisonment of a minor, in violation of sections 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;

(ii) Any violation of sections 11-37-6, 11-37-8, 11-37-8.1, or 11-37-8.3;

(iii) Any violation of section 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;

(iv) Any violation of section 11-9-1(b) or (c); or

(v) Murder in violation of section 11-23-1 where the murder was committed in the perpetration of, or attempted perpetration of, kidnapping and where the victim of that offense is under eighteen (18) years of age.

(6) "Designated state law enforcement agency" means the attorney general or his or her designee.

(7) "Employed, carries on a vocation" means and includes the definition of "employed, carries on a vocation" under 42 U.S.C. section 14071 as amended.

(8) "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.

(9) "Predator" means a person whose act is directed at a stranger, or at a person with whom a relationship has been established or promoted for the primary purpose of victimization.

(10) "Sexually violent offense" means any violation of sections 11-37-2, 11-37-4, 11-37-6, 11-37-8, 11-37-8.1, 11-37-8.3, or 11-5-1 where the specified felony is sexual assault, or section 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 which 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. section 14071 or 18 U.S.C. section 4042(c).

(11) "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.

(12) "Student" means the definition of "student" under 42 U.S.C. section 14071 as amended.

(13) "Institutions of higher education" means any university, two (2) or four (4) year college or community college.

11-37.1-3. Registration required -- Persons covered. -- (a) Any person who, in this or any other jurisdiction: (1) has been convicted of a criminal offense against a victim who is a minor, (2) has been convicted of a sexually violent offense, (3) has been determined to be a sexually violent predator, (4) has committed an aggravated offense as defined in section 11-37.1-2, or (5) is a recidivist, as defined in section 11-37.1-4, shall be required to register his or her current address with the local law enforcement agency having jurisdiction over the city or town in which the person having the duty to register resides for the time period specified in section 11-37.1-4.

(b) Any person who is: (1) a nonresident worker who has committed an offense that is subject to registration in the state of his or her residence and who is employed or carrying on a vocation in this state as defined in section 11-37.1-2(7), or (2) a nonresident student as defined by section 11-37-1-2(12) who has committed an offense that is subject to registration in the state of his or her residence and who is attending an educational institution in this state, shall be required to register his or her current address and the address of his or her place of employment or school attended with the local law enforcement agency having jurisdiction over the city or town in which the nonresident worker or student is employed or attending school.

(c) Any person having a duty to register as a sex offender in section 11-37.1-3(a) who is enrolled at, employed at or carrying on a vocation at an institution of higher education shall have an additional duty to register the information described in section (a) with the local law enforcement agency in the city or town where the primary campus of the institution of higher education at which the person is enrolled, employed or carrying on a vocation who is located for the period of time they are enrolled at, employed at or carrying on a vocation at the institution of higher education.

11-37.1-11. Release of information. -- (a) Except as otherwise provided by this chapter, or as provided in subsection subsections (b) or (c), no information obtained under this chapter shall be released or transferred without the written consent of the person or his or her authorized representative.

(b) No consent for release or transfer of information obtained under this chapter shall be required in the following instances:

(1) Information may be disclosed to law enforcement agencies for law enforcement purposes;

(2) Information may be disclosed to government agencies conducting confidential background checks;

(3) The designated law enforcement agency and any local law enforcement agency authorized by the state agency may release relevant information that is necessary to protect individuals concerning a specific person required to register under this chapter, except that the identity of a victim of an offense that requires registration under this section shall not be released; and,

(4) Information may be released or disseminated in accordance with the provisions of section 11-37.1-12.

(c) Any local law enforcement agency shall release relevant information collected pursuant to section 11-37.1-3 to any campus police agency appointed pursuant to section 16-15-2 or police for private institutions appointed pursuant to section 12-2.1-1 for any person having a duty to register who is enrolled in, employed by or carrying on a vocation at an institution of higher education. That agency may release relevant information that is necessary to protect individuals concerning a specific person required to register under this chapter, except that the identity of a victim of an offense that requires registration under this section shall not be released.

SECTION 2. This act shall take effect upon passage.