Establishes the crime of attempted kidnapping of a minor.
Impact
The introduction of HB 5639 represents a proactive step in enhancing legal protections for minors against kidnapping attempts. If enacted, the bill will impose felony charges on individuals who attempt to kidnap a minor, with penalties including imprisonment for up to twenty years. This change aims to streamline the legal process for prosecuting unsuccessful kidnapping attempts and serves as an additional deterrent against crimes targeting children. The new law will reinforce the seriousness with which legislative bodies regard the safety of minors in the state.
Summary
House Bill 5639, introduced by Representative Justine A. Caldwell, aims to amend existing laws related to kidnapping by specifically establishing the crime of attempted kidnapping of a minor. This new provision is essential as it recognizes and penalizes acts that, while not resulting in the actual kidnapping, still pose a significant threat to minors and public safety. By defining 'attempted kidnapping' clearly within the legal framework, the legislation seeks to deter individuals from engaging in behaviors that could lead to such serious offenses.
Contention
While the bill aims to improve safety for minors, there may be points of contention during discussions, particularly regarding the definition of 'attempt' and the implications of establishing a new felony charge. Critics may argue about potential overreach in categorizing certain actions as attempts rather than mere behaviors that do not necessarily pose a direct threat. Concerns could arise regarding how the bill would be enforced and whether it might unintentionally criminalize benign interactions or misunderstandings between adults and minors, leading to disproportionate legal consequences.
Establishes, as an affirmative defense to the crimes of circulating obscene publications or shows and selling or exhibiting obscene publications to minors, the person's employment status as an employee of a school, museum, or library.
Establishes, as an affirmative defense to the crimes of circulating obscene publications or shows and selling or exhibiting obscene publications to minors, the person’s employment status as an employee of a school, museum, or library.
Establishes concurrent jurisdiction between the Rhode Island Family Court and the Federal Government for the purposes of adjudicating minors who have allegedly committed a crime while residing on a military installation located in Rhode Island.
Defines "crime gun" and requires law enforcement to submit crime gun or 2 fired cartridge cases seized to state crime laboratory or the BATF for testing and tracing and also requires 2 test-fired cartridge cases to be entered into NIBIN.
Defines "crime gun" and requires law enforcement to submit crime gun or 2 fired cartridge cases seized to state crime laboratory or the BATF for testing and tracing and also requires 2 test-fired cartridge cases to be entered into NIBIN.
Requires the court to set reasonable bail for all those individuals who appear before it as probation violators and establish a presumption of personal recognizance unless the new alleged offense is a crime of violence as defined in the act.
Permits the family court to disclose criminal records of juvenile offenders to the National Instant Criminal Background Check System for the purposes of background check conducted when an individual attempts to purchase a firearm.
Requires the court to set reasonable bail for all those individuals who appear before it as probation violators and establish a presumption of personal recognizance unless the new alleged offense is a crime of violence as defined in the act.