2025 -- H 5893 | |
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LC001482 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2025 | |
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A N A C T | |
RELATING TO CRIMINAL OFFENSES -- SEXUAL ASSAULT | |
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Introduced By: Representatives McEntee, Caldwell, Dawson, Fogarty, Ajello, Bennett, | |
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 |
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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. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO CRIMINAL OFFENSES -- SEXUAL ASSAULT | |
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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. |
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