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| 4 | 4 | | |
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| 5 | 5 | | 2025 -- S 0299 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC000270 |
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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 -- CUSTODIAL LAW ENFORC EMENT SEXUAL |
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| 16 | 16 | | PENETRATION |
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| 17 | 17 | | Introduced By: Senators Bell, Bissaillon, Murray, Valverde, Ujifusa, Mack, Euer, |
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| 18 | 18 | | Quezada, Kallman, and Acosta |
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| 19 | 19 | | Date Introduced: February 13, 2025 |
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| 20 | 20 | | Referred To: Senate Judiciary |
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| 21 | 21 | | |
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| 22 | 22 | | |
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| 23 | 23 | | It is enacted by the General Assembly as follows: |
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| 24 | 24 | | SECTION 1. Title 11 of the General Laws entitled "CRIMINAL OFFENSES" is hereby 1 |
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| 25 | 25 | | amended by adding thereto the following chapter: 2 |
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| 26 | 26 | | CHAPTER 71 3 |
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| 27 | 27 | | CUSTODIAL LAW ENFORCEMENT SEXUAL PENETRATION 4 |
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| 28 | 28 | | 11-71-1. Definitions. 5 |
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| 29 | 29 | | The following words and phrases, when used in this chapter, have the following meanings: 6 |
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| 30 | 30 | | (1) “Force or coercion” shall have the same meaning as in § 11-37-1. 7 |
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| 31 | 31 | | (2) “Peace officer” shall have the same meaning as in § 12-7-21, 8 |
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| 32 | 32 | | (3) “Sexual penetration” shall have the same meaning as in § 11-37-1. 9 |
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| 33 | 33 | | 11-71-2. Custodial law enforcement sexual penetration prohibited. 10 |
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| 34 | 34 | | (a) A person is guilty of custodial law enforcement sexual penetration if he or she engages 11 |
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| 35 | 35 | | in sexual penetration with another person; and 12 |
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| 36 | 36 | | (1) He or she is a peace officer, and the victim has been seized, is detained, has been placed 13 |
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| 37 | 37 | | in custody, has been placed under arrest, or is confined in a correctional or law enforcement facility 14 |
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| 38 | 38 | | or vehicle; or 15 |
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| 39 | 39 | | (2) He or she supervises the victim’s parole, probation, or community confinement. 16 |
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| 40 | 40 | | (b) A person convicted of a violation of this chapter shall be punished by imprisonment for 17 |
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| 41 | 41 | | a period not to exceed three (3) years. 18 |
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| 42 | 42 | | |
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| 43 | 43 | | |
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| 44 | 44 | | LC000270 - Page 2 of 3 |
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| 45 | 45 | | (c) A person convicted under this chapter shall not be subject to the provisions of chapter 1 |
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| 46 | 46 | | 37.1 of this title. 2 |
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| 47 | 47 | | (d) It shall be an affirmative defense that the act of sexual penetration resulted from force 3 |
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| 48 | 48 | | or coercion by the alleged victim or victims. 4 |
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| 49 | 49 | | (e) Any sentence imposed under this chapter shall run concurrently with any other sentence 5 |
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| 50 | 50 | | imposed for the same case. 6 |
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| 51 | 51 | | SECTION 2. This act shall take effect upon passage. 7 |
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| 52 | 52 | | ======== |
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| 53 | 53 | | LC000270 |
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| 54 | 54 | | ======== |
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| 55 | 55 | | |
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| 56 | 56 | | |
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| 57 | 57 | | LC000270 - Page 3 of 3 |
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| 58 | 58 | | EXPLANATION |
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| 59 | 59 | | BY THE LEGISLATIVE COUNCIL |
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| 60 | 60 | | OF |
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| 61 | 61 | | A N A C T |
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| 62 | 62 | | RELATING TO CRIMINAL OFFENSES -- CUSTODIAL LAW ENFORCEMENT S EXUAL |
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| 63 | 63 | | PENETRATION |
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| 64 | 64 | | *** |
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| 65 | 65 | | This act would prohibit members of law enforcement from engaging in sexual penetration 1 |
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| 66 | 66 | | with individuals in their custody. The act would also provide that a person convicted of custodial 2 |
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| 67 | 67 | | law enforcement sexual penetration would face imprisonment for not more than three (3) years. 3 |
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| 68 | 68 | | This act would take effect upon passage. 4 |
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| 69 | 69 | | ======== |
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| 70 | 70 | | LC000270 |
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| 71 | 71 | | ======== |
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| 72 | 72 | | |
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