2026 -- H 8502 | |
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LC006391 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2026 | |
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A N A C T | |
RELATING TO CRIMINAL OFFENSES -- VICTIM PROXIMITY PROTECTION ACT | |
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Introduced By: Representatives Cotter, J. Brien, Corvese, McGaw, Speakman, and | |
Date Introduced: May 01, 2026 | |
Referred To: House 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 37.4 |
4 | VICTIM PROXIMITY PROTECTION ACT |
5 | 11-37.4-1. Short title. |
6 | This chapter shall be known and may be cited as the “Victim Proximity Protection Act.” |
7 | 11-37.4-2. Purpose. |
8 | The purpose of this chapter is to enhance the safety and security of victims of sexual |
9 | offenses, prevent unwanted contact and establish enforceable geographic restrictions on offenders |
10 | relative to specific victims. |
11 | 11-37.4-3. Definitions. |
12 | As used in this chapter, the following words and phrases shall have the following meanings: |
13 | (1) “Exclusion zone” means a geographic area in which the offender is prohibited from |
14 | residing during any period of parole, probation or other form of supervised release as ordered by |
15 | the sentencing court, and may include in the discretion of the court an order prohibiting the offender |
16 | from entering a designated geographic area. |
17 | (2) “Offender” means any person convicted of a sexual offense under the laws of the State |
18 | of Rhode Island or any other state and who is required, by virtue of that conviction, to register as a |
19 | sex offender. |
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1 | (3) “Residence” means any place where an offender lives for more than three (3) |
2 | consecutive days or ten (10) cumulative days in any year. |
3 | (4) “Victim” means the individual against whom the offense was committed. |
4 | 11-37.4-4. Victim proximity restrictions. |
5 | (a) In addition to the requirements and restrictions contained in chapter 37.1 of title 11, the |
6 | sentencing court shall provide notice to the offender and impose an exclusion zone order to protect |
7 | the victim(s) of the offense. Specifically, the court shall inform and order any offender, except a |
8 | level three (3) sex offender, that the offender is prohibited from residing within one thousand feet |
9 | (1,000’) of the victim's residence, workplace or school, which distance shall be measured from the |
10 | nearest boundary line of the real property supporting the residence of the offender to the nearest |
11 | boundary line of the real property that supports or upon which there exists the victim's residence, |
12 | workplace or school. |
13 | (b) Any level three (3) sex offender shall be prohibited from residing within one mile of |
14 | the victim's residence, workplace or school, which distance shall be measured from the nearest |
15 | boundary line of the real property supporting the residence of the offender to the nearest boundary |
16 | line of the real property that supports or upon which there exists the victim's residence, workplace |
17 | or school. |
18 | (c) The court may expand the exclusion zone to a distance of up to three (3) miles after |
19 | considering the offense severity, risk level, victim vulnerability and victim impact statements. Any |
20 | justification or reasoning for such an expansion shall be made in writing and shall not be imposed |
21 | for the purpose of excluding the offender from entire communities. |
22 | (d) The offender’s right to challenge the imposition of, or any expansion of the exclusion |
23 | zone shall be governed by the appellate procedures outlined in chapter 37.1 of title 11. |
24 | (e) The restrictions on the offender shall be enforced during any period of post-conviction |
25 | during which time the offender is on parole, probation or any form of supervised release as ordered |
26 | by the sentencing court. |
27 | (f) In addition to the exclusion zone, the court shall automatically issue a no contact order |
28 | with the victim(s) prohibiting the offender from having any direct or indirect contact with the |
29 | victim. Direct contact shall include, but not be limited to, in-person contact, phone contact, text or |
30 | email contact or any other contact in which the offender attempts to communicate with the victim, |
31 | regardless of purpose. Indirect contact shall include, but not be limited to, electronic contact, digital |
32 | contact, contact through a third party or any other contact in which the offender attempts to |
33 | communicate with the victim, albeit not directly, regardless of the purpose. |
34 | 11-37.4-5. GPS monitoring and enforcement. |
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1 | Level two (2) and level three (3) sex offenders shall be subject to GPS monitoring for the |
2 | period of their parole, probation or supervised release and any willful violation of the exclusion |
3 | zone or no contact orders shall be punishable by up to five (5) years imprisonment. |
4 | 11-37.4-6. Housing approval. |
5 | Offenders shall, prior to seeking housing after being convicted of any offense under this |
6 | chapter, seek and acquire approval from the offender's parole officer, probation officer or any |
7 | person charged with supervising the offender's release. Any denial of approval for housing by any |
8 | parole, probation or supervision officer shall automatically preclude the offender from moving into |
9 | or residing at the subject address. |
10 | 11-37.4-7. Victim notification. |
11 | Any victim of the offender shall be notified of the offender’s release from incarceration |
12 | within forty-eight (48) hours of said release and shall be notified of the location of the offender’s |
13 | approved address. |
14 | 11-37.4-8. Severability. |
15 | If any provision of this chapter or any amendment thereto is held to be unconstitutional, |
16 | the remainder of this chapter and its amendments shall not be affected thereby. |
17 | 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 -- VICTIM PROXIMITY PROTECTION ACT | |
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1 | This act would prohibit those people convicted of sex offenses from living within proximity |
2 | to their victim's residences, workplaces or schools and automatically be prohibited from having any |
3 | direct or indirect contact with the victim(s). Violation of an imposed exclusion zone by an offender |
4 | would be punishable by up to five (5) years imprisonment. |
5 | This act would take effect upon passage. |
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