2024 -- S 2651 | |
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LC004916 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2024 | |
____________ | |
A N A C T | |
RELATING TO CRIMINAL OFFENSES -- CUSTODIAL LAW ENFORCEMENT SEXUAL | |
PENETRATION | |
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Introduced By: Senators Bell, Mack, Murray, Lauria, Euer, Valverde, Gu, Ujifusa, | |
Date Introduced: March 01, 2024 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 11 of the General Laws entitled "CRIMINAL OFFENSES" is hereby |
2 | amended by adding thereto the following chapter: |
3 | CHAPTER 71 |
4 | CUSTODIAL LAW ENFORCEMENT SEXUAL PENETRATION |
5 | 11-71-1. Definitions. |
6 | The following words and phrases, when used in this chapter, have the following meanings: |
7 | (1) “Force or coercion” shall have the same meaning as in § 11-37-1. |
8 | (2) “Peace officer” shall have the same meaning as in § 12-7-21, |
9 | (3) “Sexual penetration” shall have the same meaning as in § 11-37-1. |
10 | 11-71-2. Custodial law enforcement sexual penetration prohibited. |
11 | (a) A person is guilty of custodial law enforcement sexual penetration if he or she engages |
12 | in sexual penetration with another person; and |
13 | (1) He or she is a peace officer, and the victim has been seized, is detained, has been placed |
14 | in custody, has been placed under arrest, or is confined in a correctional or law enforcement facility |
15 | or vehicle; or |
16 | (2) He or she supervises the victim’s parole, probation, or community confinement. |
17 | (b) A person convicted of a violation of this chapter shall be punished by imprisonment for |
18 | a period not to exceed three (3) years. |
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1 | (c) A person convicted under this chapter shall not be subject to the provisions of chapter |
2 | 37.1 of this title. |
3 | (d) It shall be an affirmative defense that the act of sexual penetration resulted from force |
4 | or coercion by the alleged victim or victims. |
5 | (e) Any sentence imposed under this chapter shall run concurrently with any other sentence |
6 | imposed for the same case. |
7 | SECTION 2. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO CRIMINAL OFFENSES -- CUSTODIAL LAW ENFORCEMENT SEXUAL | |
PENETRATION | |
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1 | This act would prohibit members of law enforcement from engaging in sexual penetration |
2 | with individuals in their custody. The act would also provide that a person convicted of custodial |
3 | law enforcement sexual penetration would face imprisonment for not more than three (3) years. |
4 | This act would take effect upon passage. |
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