Chapter 068
2016 -- H 7318 SUBSTITUTE A
Enacted 06/13/2016

A N   A C T
RELATING TO CRIMINAL OFFENSES -- SEXUAL OFFENDER REGISTRATION AND COMMUNITY NOTIFICATION

Introduced By: Representatives Craven, McEntee, Lombardi, DeSimone, and O'Brien
Date Introduced: January 22, 2016

It is enacted by the General Assembly as follows:
     SECTION 1. Section 11-37.1-2 of the General Laws in Chapter 11-37.1 entitled "Sexual
Offender Registration and Community Notification" is hereby amended to read as follows:
     11-37.1-2. Definitions. -- (a) "Aggravated offense" means, and includes, 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.
      (b) "Board", "board of review", or "sex offender board of review" means the sex
offender board of review appointed by the governor pursuant to § 11-37.1-6.
      (c) (1) "Conviction" or "convicted" means, and includes, any instance where:
      (i) A judgment of conviction has been entered against any person for any offense
specified in subsection (e) or (k) of this section, regardless of whether an appeal is pending; or
      (ii) There has been a finding of guilty for any offense specified in subsection (e) or (k) of
this section, regardless of whether an appeal is pending; or
      (iii) There has been a plea of guilty or nolo contendere for any offense specified in
subsection (e) or (k) of this section, regardless of whether an appeal is pending; or
      (iv) There has been an admission of sufficient facts or a finding of delinquency for any
offense specified in subsection (e) or (k) of this section, regardless of whether or not an appeal is
pending.
      (2) Provided, 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 the conviction shall
no longer be required to register as required by this chapter and any records of a registration shall
be destroyed. Provided, further, that nothing in this section 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.
      (d) [Deleted by P.L. 2003, ch. 162, § 1 and by P.L. 2003, ch. 170, § 1].
      (e) "Criminal offense against a victim who is a minor" means, and includes, any of the
following offenses or any offense in another jurisdiction that is substantially the equivalent of the
following or for which the person is or would be required to register under 42 U.S.C. § 14071 or
18 U.S.C. § 4042(c):
      (1) Kidnapping or false imprisonment of a minor, in violation of §§ 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;
      (2) Enticement of a child in violation of § 11-26-1.5 with the intent to violate §§ 11-37-
6, 11-37-8, 11-37-8.1, 11-37-8.3;
      (3) Any violation of §§ 11-37-6, 11-37-8, 11-37-8.1, or 11-37-8.3;
      (4) Any violation of § 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;
      (5) Any violation of § 11-9-1(b) or (c); or
      (6) Any violation of § 11-9-1.3;
      (7) Any violation of § 11-9-1.5;
      (8) Any violation of § 11-37.1-10;
      (9) Any violation of § 11-37-8.8;
      (10) Any violation of § 11-64-2, where the victim is under the age of eighteen (18) years;
or
      (11) Murder in violation of § 11-23-1, where the murder was committed in the
perpetration of, or attempted perpetration of, kidnapping and where the victim of the offense is
under eighteen (18) years of age. ; or
     (12) Any violation of §11-67-6.
      (f) "Designated state law enforcement agency" means the attorney general or his or her
designee.
      (g) "Employed, carries on a vocation" means and includes the definition of "employed,
carries on a vocation" under 42 U.S.C. § 14071.
      (h) "Institutions of higher education" means any university, two (2)-or four (4)-year
college or community college.
      (i) "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.
      (j) "Predator" means a person whose act(s) is (are) or was (were) directed at a stranger,
or at a person with whom a relationship has been established or promoted for the primary purpose
of victimization.
      (k) "Sexually violent offense" means, and includes, any violation of §§ 11-37-2, 11-37-4,
11-37-6, 11-37-8, 11-37-8.1, 11-37-8.3, 11-67-2 (where the victim was subject to commercial
sexual activity), 11-67-3(a), 11-67-3(b) (where the victim was subject to commercial sexual
activity); or 11-5-1, where the specified felony is sexual assault,; or § 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 that 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. § 14071 or 18 U.S.C. § 4042(c).
      (l) "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.
      (m) "Student" means, and includes, the definition of "student" under 42 U.S.C. § 14071.
      (n) "Parole board" means the parole board or its designee.
     SECTION 2. This act shall take effect upon passage.
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