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5 | 5 | | 2023 -- S 0814 |
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7 | 7 | | LC001472 |
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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 HUMAN SE RVICES -- ABUSED AND NEGLECTED CHILDREN |
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16 | 16 | | Introduced By: Senators DiPalma, DiMario, Lauria, and Murray |
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17 | 17 | | Date Introduced: March 23, 2023 |
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18 | 18 | | Referred To: Senate Judiciary |
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19 | 19 | | |
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20 | 20 | | |
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21 | 21 | | It is enacted by the General Assembly as follows: |
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22 | 22 | | SECTION 1. Section 40-11-6.1 of the General Laws in Chapter 40-11 entitled "Abused 1 |
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23 | 23 | | and Neglected Children" is hereby amended to read as follows: 2 |
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24 | 24 | | 40-11-6.1. Penalty for failure to report or perform required act. 3 |
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25 | 25 | | (a) Any person, official, physician, except the persons identified in subsection (b) of this 4 |
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26 | 26 | | section, or institution required by this chapter to report known or suspected child abuse or neglect 5 |
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27 | 27 | | or to perform any other act who knowingly fails to do so or who knowingly prevents any person 6 |
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28 | 28 | | acting reasonably from doing so shall be guilty of a misdemeanor, and upon conviction thereof, 7 |
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29 | 29 | | shall be subject to a fine of not more than five hundred dollars ($500) or imprisonment for not more 8 |
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30 | 30 | | than one year or both. In addition, any person, official, physician, or institution who knowingly 9 |
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31 | 31 | | fails to perform any act required by this chapter or who knowingly prevents another person from 10 |
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32 | 32 | | performing a required act shall be civilly liable for the damages proximately caused by that failure. 11 |
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33 | 33 | | (b) Any coach, teacher, school administrator, or person in a position of authority who 12 |
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34 | 34 | | knowingly fails to report known or suspected child abuse or neglect, sexual assault or battery 13 |
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35 | 35 | | involving a child or who knowingly fails to perform any other act required by law for the protection 14 |
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36 | 36 | | or safety of a child, or who knowingly prevents any person acting reasonably from doing so, shall 15 |
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37 | 37 | | be guilty of a felony, and upon conviction, shall be subject to a fine of not less than five thousand 16 |
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38 | 38 | | dollars ($5,000), nor more than ten thousand dollars ($10,000), or to imprisonment for not more 17 |
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39 | 39 | | than five (5) years, or both. 18 |
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41 | 41 | | |
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42 | 42 | | LC001472 - Page 2 of 3 |
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43 | 43 | | SECTION 2. This act shall take effect upon passage. 1 |
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45 | 45 | | LC001472 |
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48 | 48 | | |
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49 | 49 | | LC001472 - Page 3 of 3 |
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50 | 50 | | EXPLANATION |
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51 | 51 | | BY THE LEGISLATIVE COUNCIL |
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52 | 52 | | OF |
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53 | 53 | | A N A C T |
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54 | 54 | | RELATING TO HUMAN SE RVICES -- ABUSED AND NEGLECTED CHILDREN |
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55 | 55 | | *** |
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56 | 56 | | This act would require that any coach, teacher, school administrator, or person in a position 1 |
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57 | 57 | | of authority who knowingly fails to report known or suspected child abuse or neglect, sexual assault 2 |
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58 | 58 | | or battery involving a child or who knowingly fails to perform any other act required by law for the 3 |
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59 | 59 | | protection or safety of a child would be guilty of a felony, and upon conviction, would be subject 4 |
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60 | 60 | | to a fine of not less the five thousand dollars ($5,000), nor more than ten thousand dollars ($10,000), 5 |
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61 | 61 | | or to imprisonment for not more than five (5) years, or both. 6 |
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62 | 62 | | This act would take effect upon passage. 7 |
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64 | 64 | | LC001472 |
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