Chapter 318

2011 -- H 5815

Enacted 07/12/11

A N A C T

RELATING TO CRIMINAL OFFENSES - CHILDREN

Introduced By: Representatives Tanzi, Nunes, Gordon, and O`Grady

Date Introduced: March 03, 2011

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 -- Brendan's Law. -- (a) This section shall be known and may be

referred to as "Brendan's Law".

      (b) 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, shall be guilty of first degree child abuse.

      (2) Inflicts upon a child any other serious physical injury, shall be guilty of second

degree child abuse.

      (c) For the purposes of this section, "serious bodily injury" means physical injury that:

      (1) Creates a substantial risk of death;

      (2) Causes protracted loss or impairment of the function of any bodily parts, member or

organ, including any fractures of any bones;

      (3) Causes serious disfigurement; or

      (4) Evidences subdural hematoma, intercranial hemorrhage and/or retinal hemorrhages

as signs of "shaken baby syndrome" and/or "abusive head trauma."

      (d) For the purpose of this section, "other physical injury" is defined as any injury, other

than a serious bodily injury, which arises other than from the imposition of nonexcessive corporal

punishment.

      (e) 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).

      (f) Any person who commits first degree child abuse on a child age five (5) or under

shall not on the first ten (10) years of his or her sentence be afforded the benefit of suspension or

deferment of sentence nor of probation for penalties provided in this section; and provided

further, that 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 he or she becomes eligible for parole.

      (g) Any person who has been previously convicted of first or second degree child abuse

under this section and thereafter commits first degree child abuse shall be imprisoned for not

more than forty (40) years, nor less than twenty (20) years and fined not more than twenty

thousand ($20,000) dollars and shall be subject to subsection (f) of this section if applicable. Any

person who has been previously convicted of first or second degree child abuse under this section

and thereafter 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.

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LC01675

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