2025 -- H 5893

========

LC001482

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

____________

A N   A C T

RELATING TO CRIMINAL OFFENSES -- SEXUAL ASSAULT

     

     Introduced By: Representatives McEntee, Caldwell, Dawson, Fogarty, Ajello, Bennett,
and Alzate

     Date Introduced: February 28, 2025

     Referred To: House Judiciary

     (Judiciary)

It is enacted by the General Assembly as follows:

1

     SECTION 1. Section 11-37-13.3 of the General Laws in Chapter 11-37 entitled "Sexual

2

Assault" is hereby amended to read as follows:

3

     11-37-13.3. Sexual assault reports.

4

     (a) A law enforcement officer who responds to or investigates a sexual assault or child

5

molestation sexual assault incident, shall, upon determination of probable cause for arrest or referral

6

to the attorney general’s office, complete a sexual assault report (DV/SA-1) domestic

7

violence/sexual assault reporting form.

8

     (b) For the purpose of establishing accurate data on the extent and severity of arrests for

9

sexual assault incidents and child molestation sexual assault in the state and on the degree of

10

compliance with the requirements of this section the domestic violence training and monitoring

11

unit of the court system within the administrative office of state courts shall prescribe a form and

12

process for making submitting sexual assault reports and/or child molestation sexual assault

13

information to the unit. The form shall include, but is not limited to, the following information:

14

     (1) Name of the parties;

15

     (2) Relationship of the parties;

16

     (3) Sex of the parties;

17

     (4) Date of birth of the parties;

18

     (5) Time and date of the alleged incident;

19

     (6) Whether children were allegedly involved or whether the alleged act of sexual assault

 

1

or child molestation sexual assault was committed in the presence of children;

2

     (7) Type and extent of the alleged abuse;

3

     (8) Number and types of alleged weapons involved;

4

     (9) Existence of any prior court order; and

5

     (10) Existence of any language barriers; and

6

     (10)(11) Any other data that may be necessary for a complete analysis of all circumstances

7

leading to the arrest of an incident subject to reporting under this section.

8

     (c) Each police law enforcement department shall forward copies of the reports to the unit

9

at the end of each month electronically submit the domestic violence/sexual assault reporting forms

10

and the corresponding police report narratives to the unit at the end of each month. For those cases

11

that were still under investigation or for which an arrest warrant had been issued but not yet

12

executed in a given month, the responsible law enforcement department shall electronically submit

13

the domestic violence/sexual assault reporting form and the corresponding police report narratives

14

as soon as practicable, but no later than the end of the calendar year in which the incident occurred.

15

     (d) Upon adjudication of acquittal, dismissal or other exoneration, the domestic

16

violence/sexual assault report reporting form will be expunged by the domestic violence training

17

and monitoring unit.

18

     SECTION 2. This act shall take effect upon passage.

========

LC001482

========

 

LC001482 - Page 2 of 3

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES -- SEXUAL ASSAULT

***

1

     This act would require the electronic filing of domestic violence/sexual assault forms by

2

law enforcement agencies, and enhances the information to be included on the reporting forms, and

3

clarifies that the reporting forms should be submitted monthly, or as soon as practicable upon

4

receipt of all relevant information regarding an incident subject to reporting.

5

     This act would take effect upon passage.

========

LC001482

========

 

LC001482 - Page 3 of 3