2012 -- H 7749

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LC01705

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO CRIMINAL OFFENSES - CHILDREN

     Introduced By: Representatives Tarro, Serpa, and Dickinson

     Date Introduced: February 16, 2012

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 11-9-5 and 11-9-9 of the General Laws in Chapter 11-9 entitled

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"Children" are hereby amended to read as follows:

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     11-9-5. Cruelty to or neglect of child. -- (a) Every person having the custody or control

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of any child under the age of eighteen (18) years who shall abandon that child, or who shall treat

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the child with gross or habitual cruelty, or who shall wrongfully cause or permit that child to be

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an habitual sufferer for want of food, clothing, proper care, or oversight, or who shall use or

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permit the use of that child for any wanton, cruel, or improper purpose, or who shall compel,

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cause, or permit that child to do any wanton or wrongful act, or who shall cause or permit the

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home of that child to be the resort of lewd, drunken, wanton, or dissolute persons, or who by

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reason of neglect, cruelty, drunkenness, or depravity, shall render the home of that child a place in

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which it is unfit for that child to live, or who shall neglect or refuse to pay the reasonable charges

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for the support of that child, whenever the child shall be placed by him or her in the custody of, or

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be assigned by any court to, any individual, association, or corporation, shall be guilty of a felony

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and shall for every such offense be imprisoned for not less than one year nor more than three (3)

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years, or be fined not exceeding one thousand dollars ($1,000), or both, and the child may be

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proceeded against as a neglected child under the provisions of chapter 1 of title 14.

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      (b) In addition to any penalty provided in this section, any person convicted or placed on

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probation for this offense may be required to receive psychosociological counseling in child

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growth, care and development as a part of that sentence or probation. For purposes of this section,

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and in accordance with section 40-11-15, a parent or guardian practicing his or her religious

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beliefs which differ from general community standards who does not provide specified medical

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treatment for a child shall not, for that reason alone, be considered an abusive or negligent parent

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or guardian; provided, the provisions of this section shall not: (1) exempt a parent or guardian

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from having committed the offense of cruelty or neglect if the child is harmed under the

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provisions of (a) above; (2) exempt the department from the provisions of section 40-11-5; or (3)

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prohibit the department from filing a petition, pursuant to the provisions of section 40-11-15, for

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medical services for a child, where his or her health requires it.

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     (c) Exclusive jurisdiction for any offense arising out of this section shall be vested in the

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superior court.

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     11-9-9. Powers of family court. -- Where in sections 11-9-1 -- 11-9-8 any authority is

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vested in any court, the authority vested in the court or courts mentioned is transferred to the

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family court. The family court shall have exclusive original jurisdiction over any and all

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complaints and offenses set forth in sections 11-9-1 -- 11-9-8, 11-9-12, 11-9-14, and 11-9-15, and

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shall have the authority to impose sentence as set forth in chapter 1 of title 14. Notwithstanding

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the provisions of this section, jurisdiction for violations of sections 11-9-1, 11-9-1.1, 11-9-1.2,

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11-9-1.3, 11-9-5 and, 11-9-5.3 shall be vested in the superior court.

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     SECTION 2. This act shall take effect upon passage.

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LC01705

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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 vest exclusive jurisdiction in the superior court for offenses resulting in

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cruelty or neglect of a child.

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     This act would take effect upon passage.

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LC01705

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