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| 4 | 4 | | |
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| 5 | 5 | | 2025 -- H 5893 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC001482 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2025 |
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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: Representatives McEntee, Caldwell, Dawson, Fogarty, Ajello, Bennett, |
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| 17 | 17 | | and Alzate |
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| 18 | 18 | | Date Introduced: February 28, 2025 |
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| 19 | 19 | | Referred To: House Judiciary |
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| 20 | 20 | | (Judiciary) |
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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. Section 11-37-13.3 of the General Laws in Chapter 11-37 entitled "Sexual 1 |
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| 24 | 24 | | Assault" is hereby amended to read as follows: 2 |
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| 25 | 25 | | 11-37-13.3. Sexual assault reports. 3 |
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| 26 | 26 | | (a) A law enforcement officer who responds to or investigates a sexual assault or child 4 |
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| 27 | 27 | | molestation sexual assault incident, shall, upon determination of probable cause for arrest or referral 5 |
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| 28 | 28 | | to the attorney general’s office, complete a sexual assault report (DV/SA-1) domestic 6 |
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| 29 | 29 | | violence/sexual assault reporting form. 7 |
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| 30 | 30 | | (b) For the purpose of establishing accurate data on the extent and severity of arrests for 8 |
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| 31 | 31 | | sexual assault incidents and child molestation sexual assault in the state and on the degree of 9 |
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| 32 | 32 | | compliance with the requirements of this section the domestic violence training and monitoring 10 |
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| 33 | 33 | | unit of the court system within the administrative office of state courts shall prescribe a form and 11 |
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| 34 | 34 | | process for making submitting sexual assault reports and/or child molestation sexual assault 12 |
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| 35 | 35 | | information to the unit. The form shall include, but is not limited to, the following information: 13 |
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| 36 | 36 | | (1) Name of the parties; 14 |
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| 37 | 37 | | (2) Relationship of the parties; 15 |
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| 38 | 38 | | (3) Sex of the parties; 16 |
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| 39 | 39 | | (4) Date of birth of the parties; 17 |
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| 40 | 40 | | (5) Time and date of the alleged incident; 18 |
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| 41 | 41 | | (6) Whether children were allegedly involved or whether the alleged act of sexual assault 19 |
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| 42 | 42 | | |
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| 43 | 43 | | |
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| 44 | 44 | | LC001482 - Page 2 of 3 |
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| 45 | 45 | | or child molestation sexual assault was committed in the presence of children; 1 |
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| 46 | 46 | | (7) Type and extent of the alleged abuse; 2 |
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| 47 | 47 | | (8) Number and types of alleged weapons involved; 3 |
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| 48 | 48 | | (9) Existence of any prior court order; and 4 |
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| 49 | 49 | | (10) Existence of any language barriers; and 5 |
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| 50 | 50 | | (10)(11) Any other data that may be necessary for a complete analysis of all circumstances 6 |
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| 51 | 51 | | leading to the arrest of an incident subject to reporting under this section. 7 |
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| 52 | 52 | | (c) Each police law enforcement department shall forward copies of the reports to the unit 8 |
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| 53 | 53 | | at the end of each month electronically submit the domestic violence/sexual assault reporting forms 9 |
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| 54 | 54 | | and the corresponding police report narratives to the unit at the end of each month. For those cases 10 |
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| 55 | 55 | | that were still under investigation or for which an arrest warrant had been issued but not yet 11 |
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| 56 | 56 | | executed in a given month, the responsible law enforcement department shall electronically submit 12 |
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| 57 | 57 | | the domestic violence/sexual assault reporting form and the corresponding police report narratives 13 |
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| 58 | 58 | | as soon as practicable, but no later than the end of the calendar year in which the incident occurred. 14 |
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| 59 | 59 | | (d) Upon adjudication of acquittal, dismissal or other exoneration, the domestic 15 |
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| 60 | 60 | | violence/sexual assault report reporting form will be expunged by the domestic violence training 16 |
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| 61 | 61 | | and monitoring unit. 17 |
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| 62 | 62 | | SECTION 2. This act shall take effect upon passage. 18 |
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| 63 | 63 | | ======== |
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| 64 | 64 | | LC001482 |
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| 65 | 65 | | ======== |
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| 66 | 66 | | |
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| 67 | 67 | | |
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| 68 | 68 | | LC001482 - Page 3 of 3 |
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| 69 | 69 | | EXPLANATION |
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| 70 | 70 | | BY THE LEGISLATIVE COUNCIL |
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| 71 | 71 | | OF |
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| 72 | 72 | | A N A C T |
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| 73 | 73 | | RELATING TO CRIMINAL OFFENSES -- SEXUAL ASSAULT |
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| 74 | 74 | | *** |
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| 75 | 75 | | This act would require the electronic filing of domestic violence/sexual assault forms by 1 |
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| 76 | 76 | | law enforcement agencies, and enhances the information to be included on the reporting forms, and 2 |
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| 77 | 77 | | clarifies that the reporting forms should be submitted monthly, or as soon as practicable upon 3 |
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| 78 | 78 | | receipt of all relevant information regarding an incident subject to reporting. 4 |
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| 79 | 79 | | This act would take effect upon passage. 5 |
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| 80 | 80 | | ======== |
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| 81 | 81 | | LC001482 |
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| 82 | 82 | | ======== |
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