2023 -- S 0814 ======== LC001472 ======== S TATE OF RHODE IS LAND IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 2023 ____________ A N A C T RELATING TO HUMAN SE RVICES -- ABUSED AND NEGLECTED CHILDREN Introduced By: Senators DiPalma, DiMario, Lauria, and Murray Date Introduced: March 23, 2023 Referred To: Senate Judiciary It is enacted by the General Assembly as follows: SECTION 1. Section 40-11-6.1 of the General Laws in Chapter 40-11 entitled "Abused 1 and Neglected Children" is hereby amended to read as follows: 2 40-11-6.1. Penalty for failure to report or perform required act. 3 (a) Any person, official, physician, except the persons identified in subsection (b) of this 4 section, or institution required by this chapter to report known or suspected child abuse or neglect 5 or to perform any other act who knowingly fails to do so or who knowingly prevents any person 6 acting reasonably from doing so shall be guilty of a misdemeanor, and upon conviction thereof, 7 shall be subject to a fine of not more than five hundred dollars ($500) or imprisonment for not more 8 than one year or both. In addition, any person, official, physician, or institution who knowingly 9 fails to perform any act required by this chapter or who knowingly prevents another person from 10 performing a required act shall be civilly liable for the damages proximately caused by that failure. 11 (b) Any coach, teacher, school administrator, or person in a position of authority who 12 knowingly fails to report known or suspected child abuse or neglect, sexual assault or battery 13 involving a child or who knowingly fails to perform any other act required by law for the protection 14 or safety of a child, or who knowingly prevents any person acting reasonably from doing so, shall 15 be guilty of a felony, and upon conviction, shall be subject to a fine of not less than five thousand 16 dollars ($5,000), nor more than ten thousand dollars ($10,000), or to imprisonment for not more 17 than five (5) years, or both. 18 LC001472 - Page 2 of 3 SECTION 2. This act shall take effect upon passage. 1 ======== LC001472 ======== LC001472 - Page 3 of 3 EXPLANATION BY THE LEGISLATIVE COUNCIL OF A N A C T RELATING TO HUMAN SE RVICES -- ABUSED AND NEGLECTED CHILDREN *** This act would require that any coach, teacher, school administrator, or person in a position 1 of authority who knowingly fails to report known or suspected child abuse or neglect, sexual assault 2 or battery involving a child or who knowingly fails to perform any other act required by law for the 3 protection or safety of a child would be guilty of a felony, and upon conviction, would be subject 4 to a fine of not less the five thousand dollars ($5,000), nor more than ten thousand dollars ($10,000), 5 or to imprisonment for not more than five (5) years, or both. 6 This act would take effect upon passage. 7 ======== LC001472 ========