2024 -- S 2934

========

LC004487

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

____________

A N   A C T

RELATING TO CRIMINAL OFFENSES -- COMMERCIAL SEXUAL ACTIVITY

     

     Introduced By: Senators Mack, and Murray

     Date Introduced: March 28, 2024

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

1

     SECTION 1. Whereas, the Rhode Island House of Representatives passed House

2

Resolution 5250, creating a “Special Legislative Study Commission Ensuring Racial Equity and

3

Optimizing Health and Safety Laws Affecting Marginalized Individuals” (hereinafter “the

4

Commission”) in 2021.

5

     Whereas, this thirteen-member Commission specifically sought to draw from and expand

6

upon the significant research on the health and safety implications of laws related to violence,

7

exploitation, stigma, human trafficking and sexual health; laws that disproportionately impact

8

women, transgender individuals, and people of color.

9

     Whereas, members of the Commission met seven times between November 2021 and April

10

2023 and heard testimony from a variety of experts and individuals with lived experience in the sex

11

trade.

12

      Whereas, the Commission issued a comprehensive report on August 14, 2023 with

13

numerous findings. The findings below are relevant to this repealer:

14

     Finding 6. The ACLU has a long-standing position on the issue of sex work

15

decriminalization and, for over 40 years, has opposed laws criminalizing sexual activity among

16

consenting adults. According to the ACLU, these laws have traditionally represented a direct form

17

of discrimination against women.

18

     Finding 7. According to the Erotic Labor Alliance of New England, repressive policies

19

including criminalization of sex work has been associated with increased risk of sexual violence,

 

1

almost two times increased risk of HIV and other STIs, and disruption of support networks and

2

access to services.

3

     Finding 8. According to a study done in 2018 by Lucy Platt entitled “Associations between

4

sex work laws and sex workers’ health: A systematic review and meta-analysis of quantitative and

5

qualitative studies”, the removal of criminal and administrative sanctions for sex work is needed to

6

improve sex workers’ health and access to services and justice.

7

     Finding 9. The “New Zealand Model” is a 2003 law passed by New Zealand which aims

8

to uphold the human rights of sex workers and decriminalizes prostitution. Under that model, it is

9

not against the law to work as a sex worker or operate a brothel, nor is it against the law to pay for

10

sexual services. However, it is illegal for any third party to facilitate anyone under the age of

11

eighteen (18) into undertaking sex work.

12

     Finding 10. According to COYOTE RI: the main impact of the re-criminalization of indoor

13

prostitution has been the repeated arrests and deportations of Asian spa workers; over the last six

14

(6) years, there has been a sharp increase in arrests of Asian spa workers; and, in 2021, Asian spa

15

workers made up thirteen (13) of Rhode Island's sixteen (16) total prostitution-related arrests.

16

     Whereas, this final report also called for numerous recommendations. In relevant part, the

17

report issued the following recommendation:

18

     Recommendation 1. Consider a Rhode Island law to restore the pre-2009 landscape, such

19

that private, consensual sexual activity remains out of the reach of criminal laws. Alternatively,

20

consider adopting the New Zealand Model (referenced in the above findings), which decriminalizes

21

prostitution.

22

     SECTION 2. Sections 11-34.1-1, 11-34.1-2, 11-34.1-3, 11-34.1-4, 11-34.1-6, 11-34.1-7,

23

11-34.1-8, 11-34.1-9, 11-34.1-10, 11-34.1-11, 11-34.1-12, 11-34.1-13 and 11-34.1-14 of the

24

General Laws in Chapter 11-34.1 entitled "Commercial Sexual Activity" are hereby repealed.

25

     11-34.1-1. Definitions.

26

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

27

     (1) “Sexual conduct” means sexual intercourse, cunnilingus, fellatio, anal intercourse, and

28

digital intrusion or intrusion by any object into the genital opening or anal opening of another

29

person’s body, or the stimulation by hand of another’s genitals for the purposes of arousing or

30

gratifying the sexual desire of either person.

31

     (2) “Commercial sexual activity” means any sexual conduct which is performed or

32

promised in return for a fee.

33

     (3) “Fee” means any thing of monetary value, including but not limited to money, given as

34

consideration for sexual conduct.

 

LC004487 - Page 2 of 19

1

     11-34.1-2. Prostitution.

2

     (a) A person is guilty of prostitution when such person engages, or agrees, or offers to

3

engage in sexual conduct with another person in return for a fee. Any person found guilty under

4

this section shall be deemed guilty of a misdemeanor and shall be subject to imprisonment for a

5

term not exceeding six (6) months, or to a fine of not less than two hundred fifty dollars ($250) nor

6

more than one thousand dollars ($1,000), or both.

7

     (b) Any person found guilty of a subsequent offense under this section shall be subject to

8

imprisonment for a term of not more than one year, or a fine of not less than five hundred dollars

9

($500) nor more than one thousand dollars ($1,000), or both.

10

     (c) In any prosecution for a violation under this section, it shall be an affirmative defense

11

if the accused was forced to commit a commercial sexual activity by:

12

     (1) Being threatened or subjected to physical harm;

13

     (2) Being physically restrained or threatened to be physically restrained;

14

     (3) Being subject to threats of abuse of law or legal process;

15

     (4) Being subject to destruction, concealment, removal, or confiscation, of any passport or

16

other immigration document or any other actual or purported governmental identification

17

document; or

18

     (5) Being subject to intimidation in which the accused’s physical well being was perceived

19

as threatened.

20

     11-34.1-3. Procurement of sexual conduct for a fee.

21

     (a) A person is guilty of procuring or attempting to procure sexual conduct for the payment

22

of a fee if they engage or seek to engage in sexual conduct for any type of fee and/or pay or agree

23

to pay any type of fee for sexual conduct, regardless of the time, place or location of the

24

procurement, attempted procurement, payment, attempted payment or conduct. Any person found

25

guilty under this section shall be deemed guilty of a misdemeanor and shall be subject to

26

imprisonment for a term not exceeding one year, or to a fine of not less than two hundred fifty

27

dollars ($250) nor more than one thousand dollars ($1,000), or both.

28

     (b) Any person found guilty of a subsequent offense under this section shall be subject to

29

imprisonment for a term not exceeding one year, or a fine of not less than five hundred dollars

30

($500) nor more than one thousand dollars ($1,000), or both.

31

     11-34.1-4. Loitering for prostitution.

32

     (a) It shall be unlawful for any person to stand or wander in or near any public highway or

33

street, or any public or private place, and attempt to engage passersby in conversation, or stop or

34

attempt to stop motor vehicles, for the purpose of prostitution or other commercial sexual activity.

 

LC004487 - Page 3 of 19

1

Any person found guilty of the crime of loitering for prostitution shall be subject to a sentence of

2

up to six (6) months incarceration or by a fine of not less than two hundred fifty dollars ($250) nor

3

more than one thousand dollars ($1,000), or both.

4

     (b) Any person found guilty of a subsequent offense under this section shall be subject to

5

imprisonment for a term not exceeding one year, or a fine of not less than five hundred dollars

6

($500) nor more than one thousand dollars ($1,000), or both.

7

     11-34.1-6. Soliciting from motor vehicles for indecent purposes — Forfeiture of motor

8

vehicle.

9

     (a) It shall be unlawful for any person, while an operator or passenger in a motor vehicle

10

to stop, or attempt to stop another vehicle or pedestrian, or to engage or attempt to engage persons

11

in another vehicle or pedestrians in conversation, for the purposes of prostitution or other indecent

12

act, or to patronize, induce, or otherwise secure another person to commit any commercial sexual

13

activity. Any person found guilty under this section shall be subject to a sentence of up to six (6)

14

months incarceration or a fine of not less than five hundred dollars ($500) nor more than one

15

thousand dollars ($1,000), or both.

16

     (b) Any person found guilty of a subsequent offense under this section shall be subject to

17

imprisonment for a term of not more than one year and a fine of not less than seven hundred fifty

18

dollars ($750) nor more than one thousand dollars ($1,000). No fine imposed under this section

19

may be suspended.

20

     (c) The motor vehicle being unlawfully operated as defined in this chapter by a person

21

convicted of a second or subsequent offense of soliciting from a motor vehicle for indecent

22

purposes pursuant to this chapter which vehicle is owned by the operator, may be seized by the law

23

enforcement agency and forfeited at the discretion of the court. Any funds received from the

24

forfeiture shall be deposited in the victim’s of crimes indemnity fund (VCIF).

25

     11-34.1-7. Pandering or permitting prostitution — Not allowed.

26

     (a) It shall be unlawful for any person, by any promise or threat, by abuse of person, or by

27

any other device or scheme, to cause, induce, persuade, or encourage a person to become a

28

prostitute or to come into this state or leave this state for the purpose of prostitution. It shall be

29

unlawful for any person to receive or give, or agree to receive or give, any money or thing of value

30

for procuring or attempting to procure any person to become a prostitute or to come into this state

31

or leave this state for the purpose of prostitution.

32

     (b) It shall be unlawful for any person to knowingly permit, allow, transport, or offer or

33

agree to receive any person into any place, structure, house, building, room, or business for the

34

purpose of committing any commercial sexual activity, or knowingly permit any person to remain

 

LC004487 - Page 4 of 19

1

in the premises for those purposes, or to, in any way, aid or abet or participate in any of the acts or

2

things enumerated in this chapter. Any person, knowing a person to be a prostitute, who shall live

3

or derive support or maintenance, in whole or in part, from the earnings or proceeds of commercial

4

sexual activity, from moneys loaned, advanced to, or charged against the prostitute by a landlord,

5

manager, owner of a spa or business, or any other place where commercial sexual activity is

6

practiced or allowed, or who shall share in the earnings, proceeds, or moneys shall be guilty of the

7

crime of permitting prostitution.

8

     (c) Every person who commits any of the offenses described in subsection (a) of this

9

section, or who assists, abets, or aids another to commit any of those offenses, shall be guilty of

10

pandering. For the first offense, that person shall be punished by imprisonment for not less than

11

one year and not more than five (5) years and a fine of not less than two thousand dollars ($2,000),

12

nor more than five thousand dollars ($5,000). For every subsequent offense, that person shall be

13

punished by imprisonment for not less than three (3) years and not more than ten (10) years and a

14

fine of not less than five thousand dollars ($5,000), nor more than ten thousand dollars ($10,000).

15

     (d) Any proceeds derived directly from a violation of this section are subject to seizure and

16

forfeiture and further proceedings shall be required for their forfeiture as is prescribed by law in

17

chapter 21 of title 12.

18

     11-34.1-8. Venue of pandering or permitting prostitution prosecutions.

19

     It shall not be a defense to any prosecution of any of the offenses described in this chapter

20

that the offense or any part of the offense shall have been committed outside the state, and any

21

offense described in this chapter may be alleged to have been committed. The offender may be

22

prosecuted and punished in any county in which the offender or the person upon or against whom

23

the offense was committed may be found, or in which the offense was consummated, or in which

24

any overt acts in furtherance of the offenses shall have been committed.

25

     11-34.1-9. Spouse as witness in pandering or permitting prostitution.

26

     In any prosecution for any offense under this chapter, any person shall be a competent

27

witness against the offender in relation to any offense committed by the offender upon or against

28

him or her, or by the offender against or upon another person or persons in his or her presence,

29

notwithstanding that person may have been married to the offender before or after the commission

30

of the offense, and notwithstanding that person may be called as witness during the existence of

31

the marriage or after its dissolution.

32

     11-34.1-10. Reputation testimony as evidence.

33

     In the trial of any person charged with a violation of this chapter, testimony concerning the

34

reputation of the place where the violation occurred or of persons who frequent or reside in it shall

 

LC004487 - Page 5 of 19

1

be admissible in evidence in support of the charge.

2

     11-34.1-11. Examination and treatment for venereal disease.

3

     Any person convicted for any violation of this chapter or of any other statute relating to

4

lewd or lascivious behavior or unlawful sexual intercourse, and who shall be confined or

5

imprisoned in any correctional institution for more than ten (10) days, may be examined by the

6

department of health for venereal disease, through duly appointed, licensed physicians as agents.

7

Any person that is examined may be detained until the result of the examination is duly reported.

8

If found with venereal disease in an infectious stage, the person shall be treated, and if a menace to

9

the public, quarantined, in accordance with rules and regulations, not inconsistent with law, of the

10

director of health, who is authorized to formulate and issue them. Refusal to comply with or obey

11

the rules or regulations shall constitute a misdemeanor and be punishable by fine not to exceed two

12

hundred fifty dollars ($250), or a sentence of incarceration of up to three (3) months, or both.

13

     11-34.1-12. Human Immunodeficiency Virus (HIV).

14

     (a) Any person convicted of a violation of any provisions of this chapter shall be required

15

to be tested for Human Immunodeficiency Virus (HIV). No consent for the testing shall be required.

16

     (b) The department of health shall maintain sites for providing both anonymous and

17

confidential HIV testing, and HIV counseling and referral. Each site, funded by the department of

18

health, shall offer free testing, counseling and referral for indigent parties and other individuals

19

without health insurance, offer a sliding scale for payment for all other individuals and, in the case

20

of confidential testing, screen for ability to pay through a third-party insurer. In the case of

21

nonfunded sites for HIV testing, organizations and/or institutions performing the test shall offer

22

free testing, counseling and referral for indigent parties and other individuals without health

23

insurance.

24

     (c) All persons tested under this section shall be provided pre-test and post-test counseling

25

by individuals trained by the department of health, as an HIV testing counselor, in accordance with

26

regulations promulgated by the department of health; provided, that the counseling shall be in

27

accordance with acceptable medical standards.

28

     (d) All persons who are tested under this section, who are determined to be injecting drug

29

users, shall be referred to appropriate sources of substance abuse treatment by the HIV testing

30

counselor and/or the attending practitioner as follows:

31

     (1) Those persons who test positive for HIV infection shall be given priority for those

32

outpatient substance abuse treatment programs that are sponsored or supported by the appropriate

33

state agency responsible for these services.

34

     (2) Those persons who are injecting drug users and test negative for HIV infection shall be

 

LC004487 - Page 6 of 19

1

referred, by the HIV testing counselor and/or attending practitioner, to the appropriate state agency

2

responsible for these services for earliest possible evaluation and treatment.

3

     11-34.1-13. Reporting.

4

     On or before January 15, 2010, and semi-annually thereafter, each law enforcement agency

5

in this state shall file with the Governor, the Attorney General, the Speaker of the House of

6

Representatives and the President of the Senate a report concerning the agency’s enforcement of

7

this chapter during the preceding six (6) month period. Each semi-annual report shall contain, but

8

need not be limited to, the following information:

9

     (1) The number of persons arrested pursuant to subsection 11-34.1-2(a), subsection 11-

10

34.1-2(b), § 11-34.1-3, § 11-34.1-4, subsection 11-34.1-6(a), subsection 11-34.1-6(b) and

11

subsection 11-34.1-7 of this chapter;

12

     (2) Of those arrested, the number of persons convicted, placed on probation, whose case is

13

filed pursuant to § 12-10-12, whether those persons pled guilty or nolo contendere or were found

14

guilty after trial by judge or jury;

15

     (3) The fines and/or sentences of those persons identified pursuant to subdivision (2) of

16

this section; and

17

     (4) A summary of the amounts of fines levied and the lengths of sentences identified

18

pursuant to subdivision (3) of this section.

19

     11-34.1-14. Severability.

20

     If any provision of this chapter or its application to any person or circumstances is held

21

invalid, the invalidity shall not affect other provisions or applications of the chapter which can be

22

given effect without the invalid provision or application, and to this end the provisions of this

23

chapter are declared to be severable.

24

     SECTION 3. Sections 11-34-8.3 and 11-34-11 of the General Laws in Chapter 11-34

25

entitled "Prostitution and Lewdness" are hereby repealed.

26

     11-34-8.3. Criminal forfeiture procedures.

27

     (a) Any criminal complaint charging an offense under §§ 11-34-8.1 or 11-34-8.2 shall set

28

forth with reasonable particularity:

29

     (1) Whether the law enforcement agency seeks to have forfeited property pursuant to this

30

section; and

31

     (2) What property the law enforcement agency seeks to have forfeited.

32

     (b) The court may, upon application of the law enforcement agency, enter a restraining

33

order or injunction, require any person claiming any interest in the subject motor vehicle to execute

34

a satisfactory performance bond to the state, or take any other action to preserve the availability of

 

LC004487 - Page 7 of 19

1

the motor vehicle subject to forfeiture described in § 11-34-8.2 whether prior to or subsequent to

2

the filing of a complaint. Written notice and an opportunity for a hearing shall be afforded to

3

persons appearing to have an interest in the motor vehicle. The hearing is limited to the issues of

4

whether:

5

     (1) There is a substantial probability that the law enforcement agency will prevail on the

6

issue of forfeiture and that failure to enter the order will result in the motor vehicle being destroyed,

7

conveyed, encumbered or further encumbered, removed from the jurisdiction of the court, or

8

otherwise made unavailable for forfeitures; and

9

     (2) The need to preserve the availability of property through the entry of the requested

10

order outweighs the hardship on any party against whom the order is to be entered.

11

     (c)(1) An order under this section may be entered upon application of the law enforcement

12

agency without notice or opportunity for a hearing when a complaint has not yet been filed with

13

respect to the property if the law enforcement agency demonstrates that there is probable cause to

14

believe that the property with respect to which the order is sought would, in the event of conviction,

15

be subject to forfeiture under § 11-34-8.2 and that provision of notice will jeopardize the availability

16

of the motor vehicle for forfeiture. The order shall expire within ten (10) days of the date on which

17

it is entered unless for good cause shown or unless the party against whom it is entered consents to

18

an extension for a longer period.

19

     (2) A hearing requested by any party in interest concerning an order entered under this

20

subsection shall be held at the earliest possible time and prior to the expiration of the temporary

21

order.

22

     (3) The court may receive and consider, at the hearing held pursuant to this subsection,

23

evidence and information that would be inadmissible in court.

24

     (d) Upon conviction of a person for an offense under § 11-34-8.1, the court may enter a

25

judgment of forfeiture of the property described in §§ 11-34-8.2 and 11-34-8.3 to the city or town

26

and shall also authorize the law enforcement agency to seize the motor vehicle ordered forfeited

27

upon any terms and conditions that the court shall deem proper. Following the entry of an order

28

declaring the property forfeited, the court may, upon application of the law enforcement agency,

29

enter any appropriate orders, require the execution of satisfactory performance bonds, appoint

30

receivers, conservators, appraisers, accountants, or trustees, or take any other action to protect the

31

interest of the law enforcement agency in the motor vehicle ordered forfeited.

32

     (e) All right, title, and interest in the motor vehicle described in § 11-34-8.1 vests in the

33

city or town upon the commission of the act giving rise to forfeiture under this section subject to

34

the limitations of § 11-34-8.2. Any such motor vehicle that is subsequently transferred to any person

 

LC004487 - Page 8 of 19

1

may be the subject of a special verdict of forfeiture and thereafter shall be ordered forfeited to the

2

state, unless the transferee establishes in a hearing that he or she is a bona fide purchaser for value

3

of the motor vehicle who at the time of purchase was reasonably without cause to believe that the

4

motor vehicle was subject for forfeiture.

5

     11-34-11. Loitering for indecent purposes in or near schools.

6

     Any person who violates this section by attempting to engage a person for the purpose of

7

prostitution or other indecent act, or to patronize or induce or otherwise secure a person to commit

8

any indecent act in the building or on the grounds or within three hundred (300) yards of the grounds

9

of a public or private elementary, vocational, or secondary school, shall be punished by a term of

10

imprisonment of not more than one year and a fine of not less than five hundred dollars ($500) nor

11

more than one thousand dollars ($1,000).

12

     SECTION 4. Section 11-34.1-5 of the General Laws in Chapter 11-34.1 entitled

13

"Commercial Sexual Activity" is hereby amended to read as follows:

14

     11-34.1-5. Expungement of certain criminal records.

15

     (a) Records defined in § 12-1.3-1 of any person convicted, placed on probation, or whose

16

case was filed pursuant to § 12-10-12, for a violation of §§ 11-34.1-2, 11-34.1-3, or § 11-34.1-4,

17

11-34.1-6 or 11-34-11 shall may be expunged at no cost upon petition of the person one year after

18

completion of that person’s sentence.

19

     (b) The motion shall be filed in accordance with a chapter 12-1.3 and may be granted in

20

the court’s discretion regardless of the person’s first offender status.

21

     SECTION 5. Section 7-14-2 of the General Laws in Chapter 7-14 entitled "Suppression of

22

Criminally Operated Businesses" is hereby amended to read as follows:

23

     7-14-2. Enjoining operations of a business.

24

     The attorney general is authorized to institute civil proceedings in the superior court to

25

enjoin the operation of any business other than a corporation, including a partnership, limited

26

partnership, unincorporated association, joint venture, or sole proprietorship, when:

27

     (1) Any person in control of the business, who may be a partner in a partnership, a

28

participant in a joint venture, the owner of a sole proprietorship, an employee or agent of the

29

business, or a person who, in fact, exercises control over the operations of the business, has, in

30

conducting its business affairs, purposely engaged in a persistent course of gambling, unlawful

31

traffic in narcotics, extortion, embezzlement, intimidation, bribery, prostitution, human trafficking,

32

crimes against nature, or other illegal conduct with the intent to compel or induce other persons,

33

firms, or corporations to deal with the business or engage in any illegal conduct; and

34

     (2) That for the prevention of future illegal conduct of the same character, the public

 

LC004487 - Page 9 of 19

1

interest requires the operation of the business to be enjoined.

2

     SECTION 6. Section 7-15-1 of the General Laws in Chapter 7-15 entitled "Racketeer

3

Influenced and Corrupt Organizations" is hereby amended to read as follows:

4

     7-15-1. Definitions.

5

     (a) “Enterprise” includes any sole proprietorship, partnership, corporation, association, or

6

other legal entity, and any union or group of individuals associated for a particular purpose although

7

not a legal entity.

8

     (b) “Person” includes any individual or entity capable of holding a legal or beneficial

9

interest in property.

10

     (c) “Racketeering activity” means any act or threat involving murder, kidnapping,

11

gambling, arson in the first, second, or third degree, robbery, bribery, extortion, larceny, human

12

trafficking or prostitution, or any dealing in narcotic or dangerous drugs that is chargeable as a

13

crime under state law and punishable by imprisonment for more than one year, or child

14

exploitations for commercial or immoral purposes in violation of § 11-9-1(b) or (c) or § 11-9-1.1.

15

     (d) “Unlawful debt” means a debt incurred or contracted in an illegal gambling activity or

16

business or that is unenforceable under state law in whole or in part as to principal or interest

17

because of the law relating to usury.

18

     SECTION 7. Section 9-17-13 of the General Laws in Chapter 9-17 entitled "Witnesses" is

19

hereby amended to read as follows:

20

     9-17-13. Spouses of parties.

21

     In the trial of every civil cause, the husband or wife of either party shall be deemed a

22

competent witness; provided, that neither shall be permitted to give any testimony tending to

23

criminate the other or to disclose any communication made to him or her, by the other, during their

24

marriage, except on trials of petitions for divorce between them, and trials between them involving

25

their respective property rights, and under the provisions of § 11-34.1-9.

26

     SECTION 8. Section 10-1-5 of the General Laws in Chapter 10-1 entitled "Abatement of

27

Nuisances" is hereby repealed.

28

     10-1-5. Evidence of reputation — Conviction of offenses against decency.

29

     In any hearing in proceedings under this chapter, evidence of the general reputation of the

30

place, or the conviction, whether by trial or plea, including a plea of nolo, of any person of the

31

violation of statutes against prostitution, lewdness, or assignation committed in any such place shall

32

be admissible for the purposes of proving the existence of the nuisance.

33

     SECTION 9. Sections 11-30-1 and 11-30-8 of the General Laws in Chapter 11-30 entitled

34

"Nuisances" are hereby amended to read as follows:

 

LC004487 - Page 10 of 19

1

     11-30-1. Definitions.

2

     For the purpose of this chapter and chapter 1 of title 10, the terms “nuisance or common

3

nuisance”, “person”, or “place” are defined as follows:

4

     (1) “Nuisance” or “common nuisance” means and includes any place as defined in this

5

section in or upon which lewdness, assignation, or prostitution is conducted, permitted, continued,

6

or exists, and the personal property used in conducting or maintaining any place for that purpose,

7

and all buildings, places, or tenements used as houses of ill fame, for illegal gaming, or where

8

intemperate, idle, dissolute, noisy, or disorderly persons are in the habit of resorting;

9

     (2) “Person” includes any individual, corporation, association, partnership, trustee, lessee,

10

agent, or assignee; and

11

     (3) “Place” includes any building, structure, or tenement, or any separate part or portion of

12

a building or structure, or the ground itself.

13

     11-30-8. Entry by police officers of premises — Commanding departure of persons

14

found.

15

     The sheriffs of the several counties and their deputies, and the town sergeants, constables,

16

and chiefs of police of the several towns and cities may, within their respective towns and counties,

17

enter any house or building that they have cause to suspect to be inhabited for purposes of

18

prostitution and lewdness, to be resorted to by persons of ill fame or by persons of dissolute, idle,

19

or disorderly character, or in which they have reasonable cause to believe intoxicating liquors are

20

sold in violation of law, or unlawful games are carried on or permitted, or in which they have

21

reasonable cause to believe a common nuisance is kept or maintained. Upon entering the house or

22

building, they may command all persons assembled there to immediately depart from the house or

23

building. In the event of the neglect or refusal of any person so commanded to leave, they may

24

arrest that person and hold him or her for a period not exceeding twenty-four (24) hours for

25

prosecution. Every person who shall so refuse or neglect shall be deemed guilty of a misdemeanor

26

and shall be fined not exceeding twenty dollars ($20.00) or be imprisoned not exceeding thirty (30)

27

days.

28

     SECTION 10. Sections 11-67.1-15 and 11-67.1-16 of the General Laws in Chapter 11-67.1

29

entitled "Uniform Act on Prevention of and Remedies for Human Trafficking" are hereby repealed.

30

     11-67.1-15. Immunity of minor.

31

     (a) An individual is not criminally liable or subject to a delinquency proceeding in the

32

family court for prostitution or solicitation to commit a sexual act if the individual was a minor at

33

the time of the offense and committed the offense as a direct result of being a victim.

34

     (b) An individual who has engaged in commercial sexual activity is not criminally liable

 

LC004487 - Page 11 of 19

1

or subject to a delinquency proceeding in the family court for prostitution or solicitation to commit

2

a sexual act if the individual was a minor at the time of the offense.

3

     (c) A minor who under subsection (a) or (b) of this section is not subject to criminal liability

4

or a delinquency proceeding in family court is presumed to be an abused and/or neglected child as

5

defined in § 40-11-2.

6

     (d) This section does not apply in a prosecution or a delinquency proceeding for patronizing

7

a prostitute.

8

     11-67.1-16. Affirmative defense of victim.

9

     An individual charged with prostitution or solicitation to commit a sexual act, committed

10

as a direct result of being a victim, may assert an affirmative defense that the individual is a victim.

11

     SECTION 11. Sections 23-6.3-1 and 23-6.3-4 of the General Laws in Chapter 23-6.3

12

entitled "Prevention and Suppression of Contagious Diseases — HIV/AIDS" are hereby amended

13

to read as follows:

14

     23-6.3-1. Purpose.

15

     The purpose of this chapter is to reduce vulnerability to HIV/AIDS transmission, protect

16

persons who are infected with HIV from discrimination, ensure informed consent for testing, and

17

to provide consistent terms and standards within this title and as applicable to chapters 34.1 and 37

18

of title 11, chapter 28 of title 21, and chapter 24 of title 40.1.

19

     23-6.3-4. Exceptions to consent requirements.

20

     (a) A healthcare provider may test for the presence of HIV without obtaining consent from

21

the individual to be tested under the following conditions:

22

     (1) When the individual to be tested is under one year of age;

23

     (2) When a child between one and thirteen (13) years of age appears to be symptomatic for

24

HIV;

25

     (3) When the individual to be tested is a minor under the care and authority of the

26

department of children, youth and families, and the director of that department certifies that an HIV

27

test is necessary to secure health or human services for that individual;

28

     (4) In a licensed healthcare facility or healthcare setting, in the event that an occupational

29

health representative or physician, registered nurse practitioner, physician assistant, or nurse-

30

midwife, not directly involved in the exposure, determines that an employee or emergency service

31

worker, other than one in a supervisory position to the person making the determination, had a

32

significant exposure to the blood and/or body fluids of a patient and the patient or the patient’s

33

guardian refuses to grant consent for an HIV test to determine whether the patient has HIV, then,

34

if a sample of the patient’s blood is available, that blood shall be tested for HIV.

 

LC004487 - Page 12 of 19

1

     (i) If a sample of the patient’s blood is not otherwise available and the patient refuses to

2

grant consent to draw blood, the employee or emergency service worker may petition the superior

3

court for a court order mandating that the test be performed.

4

     (ii) Before a patient or a sample of the patient’s blood is required to undergo an HIV test,

5

the employee or emergency service worker must submit to a baseline HIV test within seventy-two

6

(72) hours of the exposure.

7

     (iii) No person who determines that an employee or emergency service worker has

8

sustained a significant exposure and authorizes the HIV testing of a patient, nor any person or

9

healthcare facility who acts in good faith and recommends the test be performed, shall have any

10

liability as a result of their actions carried out under this chapter, unless those persons are proven

11

to have acted in bad faith.

12

     (iv) For the purposes of this section, “emergency service worker” means a worker

13

responding on behalf of a licensed ambulance/rescue service, or a fire department or a law

14

enforcement agency, who, in the course of his/her professional duties, has been exposed to bodily

15

fluids in circumstances that present a significant risk of transmission of HIV, and has completed a

16

pre-hospital exposure form in accordance with § 23-4.1-19.

17

     (5) In an emergency, where due to a grave medical or psychiatric condition, and it is

18

impossible to obtain consent from the patient or, if applicable under state law, the patient’s parent,

19

guardian, or agent.

20

     (6) As permitted under § 23-1-38 entitled “HIV Antibody Testing-Sperm Collection or

21

Donation.”

22

     (7) Any individual convicted of a violation of any provisions of chapter 34.1 of title 11

23

entitled “Commercial Sexual Activity,” shall be required to be tested for HIV unless already

24

documented HIV positive. All individuals tested under this section shall be informed of their test

25

results. All individuals tested under this section who are determined to be injecting and/or intra-

26

nasal drug users shall be referred to appropriate substance abuse treatment as outlined in § 23-6.3-

27

3(e).

28

     (8) Any individual convicted of possession of any controlled substance as defined in

29

chapter 28 of title 21 entitled “Uniform Controlled Substances Act,” that has been administered

30

with a hypodermic instrument, retractable hypodermic syringe, needle, intra-nasally, or any similar

31

instrument adapted for the administration of drugs shall be required to be tested for HIV unless

32

already documented HIV positive.

33

     (9) All individuals tested under this section shall be informed of their test results.

34

     (10) In accordance with the provisions of chapter 37 of title 11, entitled, “Sexual Assault,”

 

LC004487 - Page 13 of 19

1

any individual who has admitted to or been convicted of or adjudicated wayward or delinquent by

2

reason of having committed any sexual offense involving penetration whether or not a sentence or

3

fine is imposed or probation granted, shall be ordered by the court upon petition of the victim,

4

immediate family members of the victim or legal guardian of the victim, to submit to a blood test

5

for the presence of a sexually transmitted disease including, but not limited to, HIV. All individuals

6

tested under this section shall be informed of their test results.

7

     (11) In accordance with the provisions or § 42-56-37, entitled “HIV Testing,” every

8

individual who is committed to the adult correctional institutions to any criminal offense, after

9

conviction, is required to be tested for HIV.

10

     (b) It is unlawful for any person to disclose to a third party the results of an individual’s

11

HIV test without the prior written consent of that individual, except in accordance with § 23-6.3-7.

12

     SECTION 12. Section 40-11-2 of the General Laws in Chapter 40-11 entitled "Abused and

13

Neglected Children" is hereby amended to read as follows:

14

     40-11-2. Definitions.

15

     When used in this chapter and unless the specific context indicates otherwise:

16

     (1) “Abused or neglected child” means a child whose physical or mental health or welfare

17

is harmed, or threatened with harm, when his or her parent or other person responsible for his or

18

her welfare:

19

     (i) Inflicts, or allows to be inflicted, upon the child physical or mental injury, including

20

excessive corporal punishment; or

21

     (ii) Creates, or allows to be created, a substantial risk of physical or mental injury to the

22

child, including excessive corporal punishment; or

23

     (iii) Commits, or allows to be committed, against the child an act of sexual abuse; or

24

     (iv) Fails to supply the child with adequate food, clothing, shelter, or medical care, though

25

financially able to do so or offered financial or other reasonable means to do so; or

26

     (v) Fails to provide the child with a minimum degree of care or proper supervision or

27

guardianship because of his or her unwillingness or inability to do so by situations or conditions

28

such as, but not limited to: social problems, mental incompetency, or the use of a drug, drugs, or

29

alcohol to the extent that the parent or other person responsible for the child’s welfare loses his or

30

her ability or is unwilling to properly care for the child; or

31

     (vi) Abandons or deserts the child; or

32

     (vii) Subjects or allows the child to be subjected to any of the human trafficking offenses

33

in §§ 11-67.1-3, 11-67.1-4, 11-67.1-5, 11-67.1-6, or 11-67.1-7 Sexually exploits the child in that

34

the person allows, permits, or encourages the child to engage in prostitution as defined by the

 

LC004487 - Page 14 of 19

1

provisions in § 11-34.1-1 et seq., entitled “Commercial Sexual Activity”; or

2

     (viii) Sexually exploits the child in that the person allows, permits, encourages, or engages

3

in the obscene or pornographic photographing, filming, or depiction of the child in a setting that,

4

taken as a whole, suggests to the average person that the child is about to engage in, or has engaged

5

in, any sexual act, or that depicts any such child under eighteen (18) years of age performing

6

sodomy, oral copulation, sexual intercourse, masturbation, or bestiality; or

7

     (ix) Commits, or allows to be committed, any sexual offense against the child as sexual

8

offenses are defined by the provisions of chapter 37 of title 11, entitled “Sexual Assault,” as

9

amended; or

10

     (x) Commits, or allows to be committed, against any child an act involving sexual

11

penetration or sexual contact if the child is under fifteen (15) years of age; or if the child is fifteen

12

(15) years or older, and (1) Force or coercion is used by the perpetrator, or (2) The perpetrator

13

knows, or has reason to know, that the victim is a severely impaired person as defined by the

14

provisions of § 11-5-11, or physically helpless as defined by the provisions of § 11-37-1(6).

15

     (2) “Child” means a person under the age of eighteen (18).

16

     (3) “Child protective investigator” means an employee of the department charged with

17

responsibility for investigating complaints and referrals of child abuse and neglect and institutional

18

child abuse and neglect.

19

     (4) “Children’s advocacy center (CAC)” means a community-based organization that is a

20

member of the Rhode Island chapter of children advocacy centers and an accredited member (or

21

working toward accreditation) of the National Children’s Alliance.

22

     (5) “Department” means department of children, youth and families.

23

     (6) “Educational program” means any public or private school, including boarding schools,

24

or any home-schooling program.

25

     (7) “Healthcare provider” means any provider of healthcare services involved in the

26

delivery or care of infants or care of children.

27

     (8) “Institution” means any private or public hospital or other facility providing medical or

28

psychiatric diagnosis, treatment, and care.

29

     (9) “Institutional child abuse and neglect” means situations of known or suspected child

30

abuse or neglect where the person allegedly responsible for the abuse or neglect is a foster parent

31

or the employee of a public or private residential childcare institution or agency; or any staff person

32

providing out-of-home care or situations where the suspected abuse or neglect occurs as a result of

33

the institution’s practices, policies, or conditions.

34

     (10) “Law enforcement agency” means the police department in any city or town or the

 

LC004487 - Page 15 of 19

1

state police.

2

     (11) “Mental injury” includes a state of substantially diminished psychological or

3

intellectual functioning in relation to, but not limited to, such factors as: failure to thrive; ability to

4

think or reason; control of aggressive or self-destructive impulses; acting-out or misbehavior,

5

including incorrigibility, ungovernability, or habitual truancy; provided, however, that the injury

6

must be clearly attributable to the unwillingness or inability of the parent or other person

7

responsible for the child’s welfare to exercise a minimum degree of care toward the child.

8

     (12) “Person responsible for child’s welfare” means the child’s parent; guardian; any

9

individual, eighteen (18) years of age or older, who resides in the home of a parent or guardian and

10

has unsupervised access to a child; foster parent; an employee of a public or private residential

11

home or facility; or any staff person providing out-of-home care (out-of-home care means child

12

day care to include family day care, group day care, and center-based day care). Provided, further,

13

that an individual, eighteen (18) years of age or older, who resides in the home of a parent or

14

guardian and has unsupervised access to the child, shall not have the right to consent to the removal

15

and examination of the child for the purposes of § 40-11-6.

16

     (13) “Physician” means any licensed doctor of medicine, licensed osteopathic physician,

17

and any physician, intern, or resident of an institution as defined in subsection (8).

18

     (14) “Probable cause” means facts and circumstances based upon as accurate and reliable

19

information as possible that would justify a reasonable person to suspect that a child is abused or

20

neglected. The facts and circumstances may include evidence of an injury, or injuries, and the

21

statements of a person worthy of belief, even if there is no present evidence of injury.

22

     (15) “Shaken-baby syndrome” means a form of abusive head trauma, characterized by a

23

constellation of symptoms caused by other than accidental traumatic injury resulting from the

24

violent shaking of or impact upon an infant or young child’s head.

25

     SECTION 13. Section 42-56-20.3 of the General Laws in Chapter 42-56 entitled

26

"Corrections Department" is hereby amended to read as follows:

27

     42-56-20.3. Community correctional program for women offenders.

28

     (a) Program established. In addition to the provisions of § 42-56-20.2, there shall be

29

established within the department of corrections a community correctional program for women

30

offenders. Notwithstanding any provision to the contrary, the department of corrections may

31

contract with private agencies to carry out the provisions of this section. The civil liability of these

32

agencies and their employees, acting within the scope of their employment, and carrying out the

33

provisions of this section, shall be limited in the same manner and dollar amount as if they were

34

agencies or employees of the state.

 

LC004487 - Page 16 of 19

1

     (b) Persons subject to this section. Every person who is either sentenced to imprisonment

2

in the women’s division of the adult correctional institutions for a term of two (2) years or less or

3

awaiting trial at the women’s division of the adult correctional institutions shall be eligible to serve

4

in the community confinement program for women offenders under the provisions of this section.

5

     (c) Terms of community correctional program.

6

     (1) The director, or his or her designee, shall refer persons eligible to serve in the

7

community correctional program to the program director of the community correctional program.

8

The program director shall be responsible for developing with each person an individualized plan,

9

which shall be designed toward providing her an opportunity for rehabilitation and restitution. Each

10

plan shall assess the need for, and provide for, employment, vocational or academic education,

11

housing, restitution, community service, or any other social service or counseling need appropriate

12

to the particular woman. Each plan shall be submitted to the director of the department of

13

corrections, or his or her designee, for approval.

14

     (2) Upon approval by the director, or his or her designee, of the plan, the plan shall be

15

submitted to the sentencing judge for his or her approval. Upon the court’s approval, the person

16

shall be released from the adult correctional institutions for participation in the community

17

correctional program. The supervision of persons so released shall be conducted by the director, or

18

his or her designee. The director, or his or her designee, shall have the full power and authority set

19

forth in § 42-56-20.2.

20

     (d) Violations. Any person serving in the community correctional program who is found

21

to be a violator of any of the terms and conditions imposed upon her according to her plan, this

22

section or any rules, regulations, or restrictions issued pursuant hereto shall serve the balance of

23

her sentence in a classification deemed appropriate by the director.

24

     (e) Costs.

25

     (1) Assessment of additional penalty for prostitution related offenses. There shall be

26

assessed as a penalty, in addition to those provided by law, against all defendants charged under §

27

11-34.1-1 et seq., who plead nolo contendere or guilty, or who are found guilty of the commission

28

of those crimes as follows:

29

     (i) Where the offense charged is a felony, the assessment shall be in the amount of five

30

hundred dollars ($500), or ten percent (10%) of any fine imposed on the defendant by the court,

31

whichever is greater;

32

     (ii) Where the offense charged is a misdemeanor, the assessment shall be in the amount of

33

three hundred and fifty dollars ($350), or ten percent (10%) of any fine imposed on the defendant

34

by the court, whichever is greater;

 

LC004487 - Page 17 of 19

1

     (iii) Costs shall be assessed whether or not the defendant is sentenced to prison.

2

     (2) When there are multiple counts or multiple charges to be disposed of simultaneously,

3

the judge may, in his or her discretion, suspend the obligation of the defendant to pay on more than

4

three (3) counts or charges.

5

     (3) The assessment shall be deposited as general revenues.

6

     SECTION 14. This act shall take effect upon passage.

========

LC004487

========

 

LC004487 - Page 18 of 19

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES -- COMMERCIAL SEXUAL ACTIVITY

***

1

     This act would decriminalize certain commercial sexual activity.

2

     This act would take effect upon passage.

========

LC004487

========

 

LC004487 - Page 19 of 19