2010 -- H 7486

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LC00917

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2010

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A N A C T

RELATING TO CRIMINAL OFFENSES - CHILDREN

     Introduced By: Representatives Giannini, Kilmartin, Lima, and Brien

     Date Introduced: February 11, 2010

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 11-9-5.3 of the General Laws in Chapter 11-9 entitled "Children" is

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hereby amended to read as follows:

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     11-9-5.3. Child abuse -- Brendan's Law. -- (a) This section shall be known and may be

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referred to as "Brendan's Law".

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      (b) Whenever a person having care of a child, as defined by section 40-11-2(2), whether

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assumed voluntarily or because of a legal obligation, including any instance where a child has

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been placed by his or her parents, caretaker, or licensed or governmental child placement agency

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for care or treatment, knowingly or intentionally:

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      (1) Inflicts upon a child serious bodily injury, shall be guilty of first degree child abuse.

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

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degree child abuse.

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

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      (1) Creates a substantial risk of death;

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

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organ, including any fractures of any bones;

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      (3) Causes serious disfigurement; or

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

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

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

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

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punishment.

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      (e) Any person who commits first degree child abuse shall be imprisoned for not more

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than twenty (20) years, nor less than ten (10) years and fined not more than ten thousand dollars

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($10,000). Any person who is convicted of second degree child abuse shall be imprisoned for not

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more than ten (10) years, nor less than five (5) years and fined not more than five thousand

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dollars ($5,000).

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

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

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

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further, that the court shall order the defendant to serve a minimum of eight and one-half (8 1/2)

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years or more of the sentence before he or she becomes eligible for parole.

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

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

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

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

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

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and thereafter commits second degree child abuse shall be imprisoned for not more than twenty

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(20) years, nor less than ten (10) years and fined not more than ten thousand ($10,000) dollars.

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     SECTION 2. This act shall take effect upon passage.

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LC00917

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO CRIMINAL OFFENSES - CHILDREN

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     This act would amend the definition of second-degree child abuse by eliminating the

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word “serious” therefrom.

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     This act would take effect upon passage.

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LC00917

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