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| 5 | 5 | | 2023 -- S 0372 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC001476 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S TATE OF RHODE IS LAND |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2023 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO CRIMINAL OFFENSES - SEXUAL ASSAULT |
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| 16 | 16 | | Introduced By: Senators Bell, Mack, Valverde, Murray, Lauria, Zurier, Kallman, |
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| 17 | 17 | | Quezada, Gu, and DiMario |
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| 18 | 18 | | Date Introduced: February 16, 2023 |
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| 19 | 19 | | Referred To: Senate Judiciary |
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| 20 | 20 | | |
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| 21 | 21 | | |
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| 22 | 22 | | It is enacted by the General Assembly as follows: |
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| 23 | 23 | | SECTION 1. Chapter 11-37 of the General Laws entitled "Sexual Assault" is hereby 1 |
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| 24 | 24 | | amended by adding thereto the following section: 2 |
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| 25 | 25 | | 11-37-18. Custodial sexual assault. 3 |
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| 26 | 26 | | (a) A person is guilty of custodial sexual assault if: 4 |
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| 27 | 27 | | (1) He or she engages in sexual penetration with another person; and 5 |
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| 28 | 28 | | (2) The accused is a peace officer as defined in § 12-7-21 and the victim is detained, in 6 |
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| 29 | 29 | | custody, under arrest, confined in a correctional or law enforcement facility, in a work release 7 |
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| 30 | 30 | | program, or on probation, parole or other form of conditional or supervised release; and 8 |
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| 31 | 31 | | (3) The peace officer: 9 |
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| 32 | 32 | | (i) Is responsible for effecting the detention, custody, arrest, or confinement of the victim 10 |
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| 33 | 33 | | or maintaining the victim in custody, detention, arrest, confinement, or a work release program, or 11 |
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| 34 | 34 | | knows, or reasonably should know, that the victim is under such custody, detention, arrest, 12 |
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| 35 | 35 | | confinement, or in a work release program; 13 |
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| 36 | 36 | | (ii) Has supervisory authority over the victim’s probation, parole, or other form of 14 |
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| 37 | 37 | | conditional or supervised release; or 15 |
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| 38 | 38 | | (iii) Is not married to the victim and has the authority to influence the terms, conditions, 16 |
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| 39 | 39 | | length of or fact of probation, parole or other form of conditional or supervised release; and 17 |
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| 40 | 40 | | (4) None of the circumstances set forth in §§ 11-37-2 or 11-37-4 exist. 18 |
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| 41 | 41 | | (b) Any person who shall be convicted of custodial sexual assault shall be subject to 19 |
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| 42 | 42 | | |
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| 43 | 43 | | |
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| 44 | 44 | | LC001476 - Page 2 of 3 |
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| 45 | 45 | | imprisonment for a period not to exceed three (3) years. 1 |
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| 46 | 46 | | (c) Any person convicted under this section shall not be subject to the provisions of chapter 2 |
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| 47 | 47 | | 37.1 of this title. 3 |
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| 48 | 48 | | (d) It shall be an affirmative defense, to be proven by the accused by a preponderance of 4 |
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| 49 | 49 | | the evidence, that the act of sexual penetration resulted from force or coercion by the other person. 5 |
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| 50 | 50 | | SECTION 2. This act shall take effect upon passage. 6 |
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| 51 | 51 | | ======== |
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| 52 | 52 | | LC001476 |
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| 55 | 55 | | |
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| 56 | 56 | | LC001476 - Page 3 of 3 |
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| 57 | 57 | | EXPLANATION |
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| 58 | 58 | | BY THE LEGISLATIVE COUNCIL |
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| 59 | 59 | | OF |
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| 60 | 60 | | A N A C T |
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| 61 | 61 | | RELATING TO CRIMINAL OFFENSES - SEXUAL ASSAULT |
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| 62 | 62 | | *** |
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| 63 | 63 | | This act would establish criteria for the criminal offense of sexual assault when the victim 1 |
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| 64 | 64 | | is in the custody of a peace officer. The act would also provide that a person convicted of custodial 2 |
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| 65 | 65 | | sexual assault would face imprisonment for not more than three (3) years. 3 |
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| 66 | 66 | | This act would take effect upon passage. 4 |
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| 68 | 68 | | LC001476 |
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