2024 -- S 2651

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LC004916

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO CRIMINAL OFFENSES -- CUSTODIAL LAW ENFORCEMENT SEXUAL

PENETRATION

     

     Introduced By: Senators Bell, Mack, Murray, Lauria, Euer, Valverde, Gu, Ujifusa,
Quezada, and Kallman

     Date Introduced: March 01, 2024

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 11 of the General Laws entitled "CRIMINAL OFFENSES" is hereby

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amended by adding thereto the following chapter:

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CHAPTER 71

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CUSTODIAL LAW ENFORCEMENT SEXUAL PENETRATION

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     11-71-1. Definitions.

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     The following words and phrases, when used in this chapter, have the following meanings:

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(1) “Force or coercion” shall have the same meaning as in § 11-37-1.

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     (2) “Peace officer” shall have the same meaning as in § 12-7-21,

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     (3) “Sexual penetration” shall have the same meaning as in § 11-37-1.

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     11-71-2. Custodial law enforcement sexual penetration prohibited.

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     (a) A person is guilty of custodial law enforcement sexual penetration if he or she engages

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in sexual penetration with another person; and

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     (1) He or she is a peace officer, and the victim has been seized, is detained, has been placed

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in custody, has been placed under arrest, or is confined in a correctional or law enforcement facility

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or vehicle; or

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     (2) He or she supervises the victim’s parole, probation, or community confinement.

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     (b) A person convicted of a violation of this chapter shall be punished by imprisonment for

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a period not to exceed three (3) years.

 

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     (c) A person convicted under this chapter shall not be subject to the provisions of chapter

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37.1 of this title.

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     (d) It shall be an affirmative defense that the act of sexual penetration resulted from force

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or coercion by the alleged victim or victims.

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     (e) Any sentence imposed under this chapter shall run concurrently with any other sentence

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imposed for the same case.

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     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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     This act would prohibit members of law enforcement from engaging in sexual penetration

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with individuals in their custody. The act would also provide that a person convicted of custodial

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law enforcement sexual penetration would face imprisonment for not more than three (3) years.

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     This act would take effect upon passage.

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LC004916

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