Rhode Island 2025 Regular Session

Rhode Island Senate Bill S0810 Compare Versions

Only one version of the bill is available at this time.

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5	5	2025 -- S 0810
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7	7	LC000837
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9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2025
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO CRIMINAL OFFENSES -- COMMERCIAL SEXUAL AC TIVITY
16	16	Introduced By: Senator Tiara T. Mack
17	17	Date Introduced: March 14, 2025
18	18	Referred To: Senate Judiciary
19	19
20	20
21	21	It is enacted by the General Assembly as follows:
22	22	SECTION 1. Whereas, the Rhode Island House of Representatives passed House 1
23	23	Resolution 5250, creating a “Special Legislative Study Commission Ensuring Racial Equity and 2
24	24	Optimizing Health and Safety Laws Affecting Marginalized Individuals” (hereinafter “the 3
25	25	Commission”) in 2021. 4
26	26	Whereas, this thirteen-member Commission specifically sought to draw from and expand 5
27	27	upon the significant research on the health and safety implications of laws related to violence, 6
28	28	exploitation, stigma, human trafficking and sexual health; laws that disproportionately impact 7
29	29	women, transgender individuals, and people of color. 8
30	30	Whereas, members of the Commission met seven times between November 2021 and April 9
31	31	2023 and heard testimony from a variety of experts and individuals with lived experience in the sex 10
32	32	trade. 11
33	33	Whereas, the Commission issued a comprehensive report on August 14, 2023 with 12
34	34	numerous findings. The findings below are relevant to this report: 13
35	35	Finding 6. The ACLU has a long-standing position on the issue of sex work 14
36	36	decriminalization and, for over 40 years, has opposed laws criminalizing sexual activity among 15
37	37	consenting adults. According to the ACLU, these laws have traditionally represented a direct form 16
38	38	of discrimination against women. 17
39	39	Finding 7. According to the Erotic Labor Alliance of New England, repressive policies 18
40	40	including criminalization of sex work has been associated with increased risk of sexual violence, 19
41	41
42	42
43	43	LC000837 - Page 2 of 19
44	44	almost two times increased risk of HIV and other STIs, and disruption of support networks and 1
45	45	access to services. 2
46	46	Finding 8. According to a study done in 2018 by Lucy Platt entitled “Associations between 3
47	47	sex work laws and sex workers’ health: A systematic review and meta-analysis of quantitative and 4
48	48	qualitative studies”, the removal of criminal and administrative sanctions for sex work is needed to 5
49	49	improve sex workers’ health and access to services and justice. 6
50	50	Finding 9. The “New Zealand Model” is a 2003 law passed by New Zealand which aims 7
51	51	to uphold the human rights of sex workers and decriminalizes prostitution. Under that model, it is 8
52	52	not against the law to work as a sex worker or operate a brothel, nor is it against the law to pay for 9
53	53	sexual services. However, it is illegal for any third party to facilitate anyone under the age of 10
54	54	eighteen (18) into undertaking sex work. 11
55	55	Finding 10. According to COYOTE RI: the main impact of the re-criminalization of indoor 12
56	56	prostitution has been the repeated arrests and deportations of Asian spa workers; over the last six 13
57	57	(6) years, there has been a sharp increase in arrests of Asian spa workers; and, in 2021, Asian spa 14
58	58	workers made up thirteen (13) of Rhode Island's sixteen (16) total prostitution-related arrests. 15
59	59	Whereas, this final report also called for numerous recommendations. In relevant part, the 16
60	60	report issued the following recommendation: 17
61	61	Recommendation 1. Consider a Rhode Island law to restore the pre-2009 landscape, such 18
62	62	that private, consensual sexual activity remains out of the reach of criminal laws. Alternatively, 19
63	63	consider adopting the New Zealand Model (referenced in the above findings), which decriminalizes 20
64	64	prostitution. 21
65	65	SECTION 2. Sections 11-34.1-1, 11-34.1-2, 11-34.1-3, 11-34.1-4, 11-34.1-6, 11-34.1-7, 22
66	66	11-34.1-8, 11-34.1-9, 11-34.1-10, 11-34.1-11, 11-34.1-12, 11-34.1-13 and 11-34.1-14 of the 23
67	67	General Laws in Chapter 11-34.1 entitled "Commercial Sexual Activity" are hereby repealed. 24
68	68	11-34.1-1. Definitions. 25
69	69	The following words and phrases, when used in this chapter, have the following meanings: 26
70	70	(1) “Sexual conduct” means sexual intercourse, cunnilingus, fellatio, anal intercourse, and 27
71	71	digital intrusion or intrusion by any object into the genital opening or anal opening of another 28
72	72	person’s body, or the stimulation by hand of another’s genitals for the purposes of arousing or 29
73	73	gratifying the sexual desire of either person. 30
74	74	(2) “Commercial sexual activity” means any sexual conduct which is performed or 31
75	75	promised in return for a fee. 32
76	76	(3) “Fee” means any thing of monetary value, including but not limited to money, given as 33
77	77	consideration for sexual conduct. 34
78	78
79	79
80	80	LC000837 - Page 3 of 19
81	81	11-34.1-2. Prostitution. 1
82	82	(a) A person is guilty of prostitution when such person engages, or agrees, or offers to 2
83	83	engage in sexual conduct with another person in return for a fee. Any person found guilty under 3
84	84	this section shall be deemed guilty of a misdemeanor and shall be subject to imprisonment for a 4
85	85	term not exceeding six (6) months, or to a fine of not less than two hundred fifty dollars ($250) nor 5
86	86	more than one thousand dollars ($1,000), or both. 6
87	87	(b) Any person found guilty of a subsequent offense under this section shall be subject to 7
88	88	imprisonment for a term of not more than one year, or a fine of not less than five hundred dollars 8
89	89	($500) nor more than one thousand dollars ($1,000), or both. 9
90	90	(c) In any prosecution for a violation under this section, it shall be an affirmative defense 10
91	91	if the accused was forced to commit a commercial sexual activity by: 11
92	92	(1) Being threatened or subjected to physical harm; 12
93	93	(2) Being physically restrained or threatened to be physically restrained; 13
94	94	(3) Being subject to threats of abuse of law or legal process; 14
95	95	(4) Being subject to destruction, concealment, removal, or confiscation, of any passport or 15
96	96	other immigration document or any other actual or purported governmental identification 16
97	97	document; or 17
98	98	(5) Being subject to intimidation in which the accused’s physical well being was perceived 18
99	99	as threatened. 19
100	100	11-34.1-3. Procurement of sexual conduct for a fee. 20
101	101	(a) A person is guilty of procuring or attempting to procure sexual conduct for the payment 21
102	102	of a fee if they engage or seek to engage in sexual conduct for any type of fee and/or pay or agree 22
103	103	to pay any type of fee for sexual conduct, regardless of the time, place or location of the 23
104	104	procurement, attempted procurement, payment, attempted payment or conduct. Any person found 24
105	105	guilty under this section shall be deemed guilty of a misdemeanor and shall be subject to 25
106	106	imprisonment for a term not exceeding one year, or to a fine of not less than two hundred fifty 26
107	107	dollars ($250) nor more than one thousand dollars ($1,000), or both. 27
108	108	(b) Any person found guilty of a subsequent offense under this section shall be subject to 28
109	109	imprisonment for a term not exceeding one year, or a fine of not less than five hundred dollars 29
110	110	($500) nor more than one thousand dollars ($1,000), or both. 30
111	111	11-34.1-4. Loitering for prostitution. 31
112	112	(a) It shall be unlawful for any person to stand or wander in or near any public highway or 32
113	113	street, or any public or private place, and attempt to engage passersby in conversation, or stop or 33
114	114	attempt to stop motor vehicles, for the purpose of prostitution or other commercial sexual activity. 34
115	115
116	116
117	117	LC000837 - Page 4 of 19
118	118	Any person found guilty of the crime of loitering for prostitution shall be subject to a sentence of 1
119	119	up to six (6) months incarceration or by a fine of not less than two hundred fifty dollars ($250) nor 2
120	120	more than one thousand dollars ($1,000), or both. 3
121	121	(b) Any person found guilty of a subsequent offense under this section shall be subject to 4
122	122	imprisonment for a term not exceeding one year, or a fine of not less than five hundred dollars 5
123	123	($500) nor more than one thousand dollars ($1,000), or both. 6
124	124	11-34.1-6. Soliciting from motor vehicles for indecent purposes — Forfeiture of motor 7
125	125	vehicle. 8
126	126	(a) It shall be unlawful for any person, while an operator or passenger in a motor vehicle 9
127	127	to stop, or attempt to stop another vehicle or pedestrian, or to engage or attempt to engage persons 10
128	128	in another vehicle or pedestrians in conversation, for the purposes of prostitution or other indecent 11
129	129	act, or to patronize, induce, or otherwise secure another person to commit any commercial sexual 12
130	130	activity. Any person found guilty under this section shall be subject to a sentence of up to six (6) 13
131	131	months incarceration or a fine of not less than five hundred dollars ($500) nor more than one 14
132	132	thousand dollars ($1,000), or both. 15
133	133	(b) Any person found guilty of a subsequent offense under this section shall be subject to 16
134	134	imprisonment for a term of not more than one year and a fine of not less than seven hundred fifty 17
135	135	dollars ($750) nor more than one thousand dollars ($1,000). No fine imposed under this section 18
136	136	may be suspended. 19
137	137	(c) The motor vehicle being unlawfully operated as defined in this chapter by a person 20
138	138	convicted of a second or subsequent offense of soliciting from a motor vehicle for indecent 21
139	139	purposes pursuant to this chapter which vehicle is owned by the operator, may be seized by the law 22
140	140	enforcement agency and forfeited at the discretion of the court. Any funds received from the 23
141	141	forfeiture shall be deposited in the victim’s of crimes indemnity fund (VCIF). 24
142	142	11-34.1-7. Pandering or permitting prostitution — Not allowed. 25
143	143	(a) It shall be unlawful for any person, by any promise or threat, by abuse of person, or by 26
144	144	any other device or scheme, to cause, induce, persuade, or encourage a person to become a 27
145	145	prostitute or to come into this state or leave this state for the purpose of prostitution. It shall be 28
146	146	unlawful for any person to receive or give, or agree to receive or give, any money or thing of value 29
147	147	for procuring or attempting to procure any person to become a prostitute or to come into this state 30
148	148	or leave this state for the purpose of prostitution. 31
149	149	(b) It shall be unlawful for any person to knowingly permit, allow, transport, or offer or 32
150	150	agree to receive any person into any place, structure, house, building, room, or business for the 33
151	151	purpose of committing any commercial sexual activity, or knowingly permit any person to remain 34
152	152
153	153
154	154	LC000837 - Page 5 of 19
155	155	in the premises for those purposes, or to, in any way, aid or abet or participate in any of the acts or 1
156	156	things enumerated in this chapter. Any person, knowing a person to be a prostitute, who shall live 2
157	157	or derive support or maintenance, in whole or in part, from the earnings or proceeds of commercial 3
158	158	sexual activity, from moneys loaned, advanced to, or charged against the prostitute by a landlord, 4
159	159	manager, owner of a spa or business, or any other place where commercial sexual activity is 5
160	160	practiced or allowed, or who shall share in the earnings, proceeds, or moneys shall be guilty of the 6
161	161	crime of permitting prostitution. 7
162	162	(c) Every person who commits any of the offenses described in subsection (a) of this 8
163	163	section, or who assists, abets, or aids another to commit any of those offenses, shall be guilty of 9
164	164	pandering. For the first offense, that person shall be punished by imprisonment for not less than 10
165	165	one year and not more than five (5) years and a fine of not less than two thousand dollars ($2,000), 11
166	166	nor more than five thousand dollars ($5,000). For every subsequent offense, that person shall be 12
167	167	punished by imprisonment for not less than three (3) years and not more than ten (10) years and a 13
168	168	fine of not less than five thousand dollars ($5,000), nor more than ten thousand dollars ($10,000). 14
169	169	(d) Any proceeds derived directly from a violation of this section are subject to seizure and 15
170	170	forfeiture and further proceedings shall be required for their forfeiture as is prescribed by law in 16
171	171	chapter 21 of title 12. 17
172	172	11-34.1-8. Venue of pandering or permitting prostitution prosecutions. 18
173	173	It shall not be a defense to any prosecution of any of the offenses described in this chapter 19
174	174	that the offense or any part of the offense shall have been committed outside the state, and any 20
175	175	offense described in this chapter may be alleged to have been committed. The offender may be 21
176	176	prosecuted and punished in any county in which the offender or the person upon or against whom 22
177	177	the offense was committed may be found, or in which the offense was consummated, or in which 23
178	178	any overt acts in furtherance of the offenses shall have been committed. 24
179	179	11-34.1-9. Spouse as witness in pandering or permitting prostitution. 25
180	180	In any prosecution for any offense under this chapter, any person shall be a competent 26
181	181	witness against the offender in relation to any offense committed by the offender upon or against 27
182	182	him or her, or by the offender against or upon another person or persons in his or her presence, 28
183	183	notwithstanding that person may have been married to the offender before or after the commission 29
184	184	of the offense, and notwithstanding that person may be called as witness during the existence of 30
185	185	the marriage or after its dissolution. 31
186	186	11-34.1-10. Reputation testimony as evidence. 32
187	187	In the trial of any person charged with a violation of this chapter, testimony concerning the 33
188	188	reputation of the place where the violation occurred or of persons who frequent or reside in it shall 34
189	189
190	190
191	191	LC000837 - Page 6 of 19
192	192	be admissible in evidence in support of the charge. 1
193	193	11-34.1-11. Examination and treatment for venereal disease. 2
194	194	Any person convicted for any violation of this chapter or of any other statute relating to 3
195	195	lewd or lascivious behavior or unlawful sexual intercourse, and who shall be confined or 4
196	196	imprisoned in any correctional institution for more than ten (10) days, may be examined by the 5
197	197	department of health for venereal disease, through duly appointed, licensed physicians as agents. 6
198	198	Any person that is examined may be detained until the result of the examination is duly reported. 7
199	199	If found with venereal disease in an infectious stage, the person shall be treated, and if a menace to 8
200	200	the public, quarantined, in accordance with rules and regulations, not inconsistent with law, of the 9
201	201	director of health, who is authorized to formulate and issue them. Refusal to comply with or obey 10
202	202	the rules or regulations shall constitute a misdemeanor and be punishable by fine not to exceed two 11
203	203	hundred fifty dollars ($250), or a sentence of incarceration of up to three (3) months, or both. 12
204	204	11-34.1-12. Human Immunodeficiency Virus (HIV). 13
205	205	(a) Any person convicted of a violation of any provisions of this chapter shall be required 14
206	206	to be tested for Human Immunodeficiency Virus (HIV). No consent for the testing shall be required. 15
207	207	(b) The department of health shall maintain sites for providing both anonymous and 16
208	208	confidential HIV testing, and HIV counseling and referral. Each site, funded by the department of 17
209	209	health, shall offer free testing, counseling and referral for indigent parties and other individuals 18
210	210	without health insurance, offer a sliding scale for payment for all other individuals and, in the case 19
211	211	of confidential testing, screen for ability to pay through a third-party insurer. In the case of 20
212	212	nonfunded sites for HIV testing, organizations and/or institutions performing the test shall offer 21
213	213	free testing, counseling and referral for indigent parties and other individuals without health 22
214	214	insurance. 23
215	215	(c) All persons tested under this section shall be provided pre-test and post-test counseling 24
216	216	by individuals trained by the department of health, as an HIV testing counselor, in accordance with 25
217	217	regulations promulgated by the department of health; provided, that the counseling shall be in 26
218	218	accordance with acceptable medical standards. 27
219	219	(d) All persons who are tested under this section, who are determined to be injecting drug 28
220	220	users, shall be referred to appropriate sources of substance abuse treatment by the HIV testing 29
221	221	counselor and/or the attending practitioner as follows: 30
222	222	(1) Those persons who test positive for HIV infection shall be given priority for those 31
223	223	outpatient substance abuse treatment programs that are sponsored or supported by the appropriate 32
224	224	state agency responsible for these services. 33
225	225	(2) Those persons who are injecting drug users and test negative for HIV infection shall be 34
226	226
227	227
228	228	LC000837 - Page 7 of 19
229	229	referred, by the HIV testing counselor and/or attending practitioner, to the appropriate state agency 1
230	230	responsible for these services for earliest possible evaluation and treatment. 2
231	231	11-34.1-13. Reporting. 3
232	232	On or before January 15, 2010, and semi-annually thereafter, each law enforcement agency 4
233	233	in this state shall file with the Governor, the Attorney General, the Speaker of the House of 5
234	234	Representatives and the President of the Senate a report concerning the agency’s enforcement of 6
235	235	this chapter during the preceding six (6) month period. Each semi-annual report shall contain, but 7
236	236	need not be limited to, the following information: 8
237	237	(1) The number of persons arrested pursuant to subsection 11-34.1-2(a), subsection 11-9
238	238	34.1-2(b), § 11-34.1-3, § 11-34.1-4, subsection 11-34.1-6(a), subsection 11-34.1-6(b) and 10
239	239	subsection 11-34.1-7 of this chapter; 11
240	240	(2) Of those arrested, the number of persons convicted, placed on probation, whose case is 12
241	241	filed pursuant to § 12-10-12, whether those persons pled guilty or nolo contendere or were found 13
242	242	guilty after trial by judge or jury; 14
243	243	(3) The fines and/or sentences of those persons identified pursuant to subdivision (2) of 15
244	244	this section; and 16
245	245	(4) A summary of the amounts of fines levied and the lengths of sentences identified 17
246	246	pursuant to subdivision (3) of this section. 18
247	247	11-34.1-14. Severability. 19
248	248	If any provision of this chapter or its application to any person or circumstances is held 20
249	249	invalid, the invalidity shall not affect other provisions or applications of the chapter which can be 21
250	250	given effect without the invalid provision or application, and to this end the provisions of this 22
251	251	chapter are declared to be severable. 23
252	252	SECTION 3. Sections 11-34-8.3 and 11-34-11 of the General Laws in Chapter 11-34 24
253	253	entitled "Prostitution and Lewdness" are hereby repealed. 25
254	254	11-34-8.3. Criminal forfeiture procedures. 26
255	255	(a) Any criminal complaint charging an offense under §§ 11-34-8.1 or 11-34-8.2 shall set 27
256	256	forth with reasonable particularity: 28
257	257	(1) Whether the law enforcement agency seeks to have forfeited property pursuant to this 29
258	258	section; and 30
259	259	(2) What property the law enforcement agency seeks to have forfeited. 31
260	260	(b) The court may, upon application of the law enforcement agency, enter a restraining 32
261	261	order or injunction, require any person claiming any interest in the subject motor vehicle to execute 33
262	262	a satisfactory performance bond to the state, or take any other action to preserve the availability of 34
263	263
264	264
265	265	LC000837 - Page 8 of 19
266	266	the motor vehicle subject to forfeiture described in § 11-34-8.2 whether prior to or subsequent to 1
267	267	the filing of a complaint. Written notice and an opportunity for a hearing shall be afforded to 2
268	268	persons appearing to have an interest in the motor vehicle. The hearing is limited to the issues of 3
269	269	whether: 4
270	270	(1) There is a substantial probability that the law enforcement agency will prevail on the 5
271	271	issue of forfeiture and that failure to enter the order will result in the motor vehicle being destroyed, 6
272	272	conveyed, encumbered or further encumbered, removed from the jurisdiction of the court, or 7
273	273	otherwise made unavailable for forfeitures; and 8
274	274	(2) The need to preserve the availability of property through the entry of the requested 9
275	275	order outweighs the hardship on any party against whom the order is to be entered. 10
276	276	(c)(1) An order under this section may be entered upon application of the law enforcement 11
277	277	agency without notice or opportunity for a hearing when a complaint has not yet been filed with 12
278	278	respect to the property if the law enforcement agency demonstrates that there is probable cause to 13
279	279	believe that the property with respect to which the order is sought would, in the event of conviction, 14
280	280	be subject to forfeiture under § 11-34-8.2 and that provision of notice will jeopardize the availability 15
281	281	of the motor vehicle for forfeiture. The order shall expire within ten (10) days of the date on which 16
282	282	it is entered unless for good cause shown or unless the party against whom it is entered consents to 17
283	283	an extension for a longer period. 18
284	284	(2) A hearing requested by any party in interest concerning an order entered under this 19
285	285	subsection shall be held at the earliest possible time and prior to the expiration of the temporary 20
286	286	order. 21
287	287	(3) The court may receive and consider, at the hearing held pursuant to this subsection, 22
288	288	evidence and information that would be inadmissible in court. 23
289	289	(d) Upon conviction of a person for an offense under § 11-34-8.1, the court may enter a 24
290	290	judgment of forfeiture of the property described in §§ 11-34-8.2 and 11-34-8.3 to the city or town 25
291	291	and shall also authorize the law enforcement agency to seize the motor vehicle ordered forfeited 26
292	292	upon any terms and conditions that the court shall deem proper. Following the entry of an order 27
293	293	declaring the property forfeited, the court may, upon application of the law enforcement agency, 28
294	294	enter any appropriate orders, require the execution of satisfactory performance bonds, appoint 29
295	295	receivers, conservators, appraisers, accountants, or trustees, or take any other action to protect the 30
296	296	interest of the law enforcement agency in the motor vehicle ordered forfeited. 31
297	297	(e) All right, title, and interest in the motor vehicle described in § 11-34-8.1 vests in the 32
298	298	city or town upon the commission of the act giving rise to forfeiture under this section subject to 33
299	299	the limitations of § 11-34-8.2. Any such motor vehicle that is subsequently transferred to any person 34
300	300
301	301
302	302	LC000837 - Page 9 of 19
303	303	may be the subject of a special verdict of forfeiture and thereafter shall be ordered forfeited to the 1
304	304	state, unless the transferee establishes in a hearing that he or she is a bona fide purchaser for value 2
305	305	of the motor vehicle who at the time of purchase was reasonably without cause to believe that the 3
306	306	motor vehicle was subject for forfeiture. 4
307	307	11-34-11. Loitering for indecent purposes in or near schools. 5
308	308	Any person who violates this section by attempting to engage a person for the purpose of 6
309	309	prostitution or other indecent act, or to patronize or induce or otherwise secure a person to commit 7
310	310	any indecent act in the building or on the grounds or within three hundred (300) yards of the grounds 8
311	311	of a public or private elementary, vocational, or secondary school, shall be punished by a term of 9
312	312	imprisonment of not more than one year and a fine of not less than five hundred dollars ($500) nor 10
313	313	more than one thousand dollars ($1,000). 11
314	314	SECTION 4. Section 11-34.1-5 of the General Laws in Chapter 11-34.1 entitled 12
315	315	"Commercial Sexual Activity" is hereby amended to read as follows: 13
316	316	11-34.1-5. Expungement of certain criminal records. 14
317	317	(a) Records defined in § 12-1.3-1 of any person convicted, placed on probation, or whose 15
318	318	case was filed pursuant to § 12-10-12, for a violation of §§ 11-34.1-2, 1134.1-3, or § 11-34.1-4, 16
319	319	11-34.1-6 or 11-34-11 shall may be expunged at no cost upon petition of the person one year after 17
320	320	completion of that person’s sentence. 18
321	321	(b) The motion shall be filed in accordance with a chapter 12-1.3 and may be granted in 19
322	322	the court’s discretion regardless of the person’s first offender status. 20
323	323	SECTION 5. Section 7-14-2 of the General Laws in Chapter 7-14 entitled "Suppression of 21
324	324	Criminally Operated Businesses" is hereby amended to read as follows: 22
325	325	7-14-2. Enjoining operations of a business. 23
326	326	The attorney general is authorized to institute civil proceedings in the superior court to 24
327	327	enjoin the operation of any business other than a corporation, including a partnership, limited 25
328	328	partnership, unincorporated association, joint venture, or sole proprietorship, when: 26
329	329	(1) Any person in control of the business, who may be a partner in a partnership, a 27
330	330	participant in a joint venture, the owner of a sole proprietorship, an employee or agent of the 28
331	331	business, or a person who, in fact, exercises control over the operations of the business, has, in 29
332	332	conducting its business affairs, purposely engaged in a persistent course of gambling, unlawful 30
333	333	traffic in narcotics, extortion, embezzlement, intimidation, bribery, prostitution, human trafficking, 31
334	334	crimes against nature, or other illegal conduct with the intent to compel or induce other persons, 32
335	335	firms, or corporations to deal with the business or engage in any illegal conduct; and 33
336	336	(2) That for the prevention of future illegal conduct of the same character, the public 34
337	337
338	338
339	339	LC000837 - Page 10 of 19
340	340	interest requires the operation of the business to be enjoined. 1
341	341	SECTION 6. Section 7-15-1 of the General Laws in Chapter 7-15 entitled "Racketeer 2
342	342	Influenced and Corrupt Organizations" is hereby amended to read as follows: 3
343	343	7-15-1. Definitions. 4
344	344	(a) “Enterprise” includes any sole proprietorship, partnership, corporation, association, or 5
345	345	other legal entity, and any union or group of individuals associated for a particular purpose although 6
346	346	not a legal entity. 7
347	347	(b) “Person” includes any individual or entity capable of holding a legal or beneficial 8
348	348	interest in property. 9
349	349	(c) “Racketeering activity” means any act or threat involving murder, kidnapping, 10
350	350	gambling, arson in the first, second, or third degree, robbery, bribery, extortion, larceny, human 11
351	351	trafficking or prostitution, or any dealing in narcotic or dangerous drugs that is chargeable as a 12
352	352	crime under state law and punishable by imprisonment for more than one year, or child 13
353	353	exploitations for commercial or immoral purposes in violation of § 11-9-1(b) or (c) or § 11-9-1.1. 14
354	354	(d) “Unlawful debt” means a debt incurred or contracted in an illegal gambling activity or 15
355	355	business or that is unenforceable under state law in whole or in part as to principal or interest 16
356	356	because of the law relating to usury. 17
357	357	SECTION 7. Section 9-17-13 of the General Laws in Chapter 9-17 entitled "Witnesses" is 18
358	358	hereby amended to read as follows: 19
359	359	9-17-13. Spouses of parties. 20
360	360	In the trial of every civil cause, the husband or wife of either party shall be deemed a 21
361	361	competent witness; provided, that neither shall be permitted to give any testimony tending to 22
362	362	criminate the other or to disclose any communication made to him or her, by the other, during their 23
363	363	marriage, except on trials of petitions for divorce between them, and trials between them involving 24
364	364	their respective property rights, and under the provisions of § 11-34.1-9. 25
365	365	SECTION 8. Section 10-1-5 of the General Laws in Chapter 10-1 entitled "Abatement of 26
366	366	Nuisances" is hereby repealed. 27
367	367	10-1-5. Evidence of reputation — Conviction of offenses against decency. 28
368	368	In any hearing in proceedings under this chapter, evidence of the general reputation of the 29
369	369	place, or the conviction, whether by trial or plea, including a plea of nolo, of any person of the 30
370	370	violation of statutes against prostitution, lewdness, or assignation committed in any such place shall 31
371	371	be admissible for the purposes of proving the existence of the nuisance. 32
372	372	SECTION 9. Sections 11-30-1 and 11-30-8 of the General Laws in Chapter 11-30 entitled 33
373	373	"Nuisances" are hereby amended to read as follows: 34
374	374
375	375
376	376	LC000837 - Page 11 of 19
377	377	11-30-1. Definitions. 1
378	378	For the purpose of this chapter and chapter 1 of title 10, the terms “nuisance or common 2
379	379	nuisance”, “person”, or “place” are defined as follows: 3
380	380	(1) “Nuisance” or “common nuisance” means and includes any place as defined in this 4
381	381	section in or upon which lewdness, assignation, or prostitution is conducted, permitted, continued, 5
382	382	or exists, and the personal property used in conducting or maintaining any place for that purpose, 6
383	383	and all buildings, places, or tenements used as houses of ill fame, for illegal gaming, or where 7
384	384	intemperate, idle, dissolute, noisy, or disorderly persons are in the habit of resorting; 8
385	385	(2) “Person” includes any individual, corporation, association, partnership, trustee, lessee, 9
386	386	agent, or assignee; and 10
387	387	(3) “Place” includes any building, structure, or tenement, or any separate part or portion of 11
388	388	a building or structure, or the ground itself. 12
389	389	11-30-8. Entry by police officers of premises — Commanding departure of persons 13
390	390	found. 14
391	391	The sheriffs of the several counties and their deputies, and the town sergeants, constables, 15
392	392	and chiefs of police of the several towns and cities may, within their respective towns and counties, 16
393	393	enter any house or building that they have cause to suspect to be inhabited for purposes of 17
394	394	prostitution and lewdness, to be resorted to by persons of ill fame or by persons of dissolute, idle, 18
395	395	or disorderly character, or in which they have reasonable cause to believe intoxicating liquors are 19
396	396	sold in violation of law, or unlawful games are carried on or permitted, or in which they have 20
397	397	reasonable cause to believe a common nuisance is kept or maintained. Upon entering the house or 21
398	398	building, they may command all persons assembled there to immediately depart from the house or 22
399	399	building. In the event of the neglect or refusal of any person so commanded to leave, they may 23
400	400	arrest that person and hold him or her for a period not exceeding twenty-four (24) hours for 24
401	401	prosecution. Every person who shall so refuse or neglect shall be deemed guilty of a misdemeanor 25
402	402	and shall be fined not exceeding twenty dollars ($20.00) or be imprisoned not exceeding thirty (30) 26
403	403	days. 27
404	404	SECTION 10. Sections 11-67.1-15 and 11-67.1-16 of the General Laws in Chapter 11-67.1 28
405	405	entitled "Uniform Act on Prevention of and Remedies for Human Trafficking" are hereby repealed. 29
406	406	11-67.1-15. Immunity of minor. 30
407	407	(a) An individual is not criminally liable or subject to a delinquency proceeding in the 31
408	408	family court for prostitution or solicitation to commit a sexual act if the individual was a minor at 32
409	409	the time of the offense and committed the offense as a direct result of being a victim. 33
410	410	(b) An individual who has engaged in commercial sexual activity is not criminally liable 34
411	411
412	412
413	413	LC000837 - Page 12 of 19
414	414	or subject to a delinquency proceeding in the family court for prostitution or solicitation to commit 1
415	415	a sexual act if the individual was a minor at the time of the offense. 2
416	416	(c) A minor who under subsection (a) or (b) of this section is not subject to criminal liability 3
417	417	or a delinquency proceeding in family court is presumed to be an abused and/or neglected child as 4
418	418	defined in § 40-11-2. 5
419	419	(d) This section does not apply in a prosecution or a delinquency proceeding for patronizing 6
420	420	a prostitute. 7
421	421	11-67.1-16. Affirmative defense of victim. 8
422	422	An individual charged with prostitution or solicitation to commit a sexual act, committed 9
423	423	as a direct result of being a victim, may assert an affirmative defense that the individual is a victim. 10
424	424	SECTION 11. Sections 23-6.3-1 and 23-6.3-4 of the General Laws in Chapter 23-6.3 11
425	425	entitled "Prevention and Suppression of Contagious Diseases — HIV/AIDS" are hereby amended 12
426	426	to read as follows: 13
427	427	23-6.3-1. Purpose. 14
428	428	The purpose of this chapter is to reduce vulnerability to HIV/AIDS transmission, protect 15
429	429	persons who are infected with HIV from discrimination, ensure informed consent for testing, and 16
430	430	to provide consistent terms and standards within this title and as applicable to chapters 34.1 and 37 17
431	431	of title 11, chapter 28 of title 21, and chapter 24 of title 40.1. 18
432	432	23-6.3-4. Exceptions to consent requirements. 19
433	433	(a) A healthcare provider may test for the presence of HIV without obtaining consent from 20
434	434	the individual to be tested under the following conditions: 21
435	435	(1) When the individual to be tested is under one year of age; 22
436	436	(2) When a child between one and thirteen (13) years of age appears to be symptomatic for 23
437	437	HIV; 24
438	438	(3) When the individual to be tested is a minor under the care and authority of the 25
439	439	department of children, youth and families, and the director of that department certifies that an HIV 26
440	440	test is necessary to secure health or human services for that individual; 27
441	441	(4) In a licensed healthcare facility or healthcare setting, in the event that an occupational 28
442	442	health representative or physician, registered nurse practitioner, physician assistant, or nurse-29
443	443	midwife, not directly involved in the exposure, determines that an employee or emergency service 30
444	444	worker, other than one in a supervisory position to the person making the determination, had a 31
445	445	significant exposure to the blood and/or body fluids of a patient and the patient or the patient’s 32
446	446	guardian refuses to grant consent for an HIV test to determine whether the patient has HIV, then, 33
447	447	if a sample of the patient’s blood is available, that blood shall be tested for HIV. 34
448	448
449	449
450	450	LC000837 - Page 13 of 19
451	451	(i) If a sample of the patient’s blood is not otherwise available and the patient refuses to 1
452	452	grant consent to draw blood, the employee or emergency service worker may petition the superior 2
453	453	court for a court order mandating that the test be performed. 3
454	454	(ii) Before a patient or a sample of the patient’s blood is required to undergo an HIV test, 4
455	455	the employee or emergency service worker must submit to a baseline HIV test within seventy-two 5
456	456	(72) hours of the exposure. 6
457	457	(iii) No person who determines that an employee or emergency service worker has 7
458	458	sustained a significant exposure and authorizes the HIV testing of a patient, nor any person or 8
459	459	healthcare facility who acts in good faith and recommends the test be performed, shall have any 9
460	460	liability as a result of their actions carried out under this chapter, unless those persons are proven 10
461	461	to have acted in bad faith. 11
462	462	(iv) For the purposes of this section, “emergency service worker” means a worker 12
463	463	responding on behalf of a licensed ambulance/rescue service, or a fire department or a law 13
464	464	enforcement agency, who, in the course of his/her professional duties, has been exposed to bodily 14
465	465	fluids in circumstances that present a significant risk of transmission of HIV, and has completed a 15
466	466	pre-hospital exposure form in accordance with § 23-4.1-19. 16
467	467	(5) In an emergency, where due to a grave medical or psychiatric condition, and it is 17
468	468	impossible to obtain consent from the patient or, if applicable under state law, the patient’s parent, 18
469	469	guardian, or agent. 19
470	470	(6) As permitted under § 23-1-38 entitled “HIV Antibody Testing-Sperm Collection or 20
471	471	Donation.” 21
472	472	(7) Any individual convicted of a violation of any provisions of chapter 34.1 of title 11 22
473	473	entitled “Commercial Sexual Activity,” shall be required to be tested for HIV unless already 23
474	474	documented HIV positive. All individuals tested under this section shall be informed of their test 24
475	475	results. All individuals tested under this section who are determined to be injecting and/or intra-25
476	476	nasal drug users shall be referred to appropriate substance abuse treatment as outlined in § 23-6.3-26
477	477	3(e). 27
478	478	(8) Any individual convicted of possession of any controlled substance as defined in 28
479	479	chapter 28 of title 21 entitled “Uniform Controlled Substances Act,” that has been administered 29
480	480	with a hypodermic instrument, retractable hypodermic syringe, needle, intra-nasally, or any similar 30
481	481	instrument adapted for the administration of drugs shall be required to be tested for HIV unless 31
482	482	already documented HIV positive. 32
483	483	(9) All individuals tested under this section shall be informed of their test results. 33
484	484	(10) In accordance with the provisions of chapter 37 of title 11, entitled, “Sexual Assault,” 34
485	485
486	486
487	487	LC000837 - Page 14 of 19
488	488	any individual who has admitted to or been convicted of or adjudicated wayward or delinquent by 1
489	489	reason of having committed any sexual offense involving penetration whether or not a sentence or 2
490	490	fine is imposed or probation granted, shall be ordered by the court upon petition of the victim, 3
491	491	immediate family members of the victim or legal guardian of the victim, to submit to a blood test 4
492	492	for the presence of a sexually transmitted disease including, but not limited to, HIV. All individuals 5
493	493	tested under this section shall be informed of their test results. 6
494	494	(11) In accordance with the provisions or § 42-56-37, entitled “HIV Testing,” every 7
495	495	individual who is committed to the adult correctional institutions to any criminal offense, after 8
496	496	conviction, is required to be tested for HIV. 9
497	497	(b) It is unlawful for any person to disclose to a third party the results of an individual’s 10
498	498	HIV test without the prior written consent of that individual, except in accordance with § 23-6.3-7. 11
499	499	SECTION 12. Section 40-11-2 of the General Laws in Chapter 40-11 entitled "Abused and 12
500	500	Neglected Children" is hereby amended to read as follows: 13
501	501	40-11-2. Definitions. 14
502	502	When used in this chapter and unless the specific context indicates otherwise: 15
503	503	(1) “Abused or neglected child” means a child whose physical or mental health or welfare 16
504	504	is harmed, or threatened with harm, when his or her parent or other person responsible for his or 17
505	505	her welfare: 18
506	506	(i) Inflicts, or allows to be inflicted, upon the child physical or mental injury, including 19
507	507	excessive corporal punishment; or 20
508	508	(ii) Creates, or allows to be created, a substantial risk of physical or mental injury to the 21
509	509	child, including excessive corporal punishment; or 22
510	510	(iii) Commits, or allows to be committed, against the child an act of sexual abuse; or 23
511	511	(iv) Fails to supply the child with adequate food, clothing, shelter, or medical care, though 24
512	512	financially able to do so or offered financial or other reasonable means to do so; or 25
513	513	(v) Fails to provide the child with a minimum degree of care or proper supervision or 26
514	514	guardianship because of his or her unwillingness or inability to do so by situations or conditions 27
515	515	such as, but not limited to: social problems, mental incompetency, or the use of a drug, drugs, or 28
516	516	alcohol to the extent that the parent or other person responsible for the child’s welfare loses his or 29
517	517	her ability or is unwilling to properly care for the child; or 30
518	518	(vi) Abandons or deserts the child; or 31
519	519	(vii) Subjects or allows the child to be subjected to any of the human trafficking offenses 32
520	520	in §§ 11-67.1-3, 11-67.1-4, 11-67.1-5, 11-67.1-6, or 11-67.1-7 Sexually exploits the child in that 33
521	521	the person allows, permits, or encourages the child to engage in prostitution as defined by the 34
522	522
523	523
524	524	LC000837 - Page 15 of 19
525	525	provisions in § 11-34.1-1 et seq., entitled “Commercial Sexual Activity”; or 1
526	526	(viii) Sexually exploits the child in that the person allows, permits, encourages, or engages 2
527	527	in the obscene or pornographic photographing, filming, or depiction of the child in a setting that, 3
528	528	taken as a whole, suggests to the average person that the child is about to engage in, or has engaged 4
529	529	in, any sexual act, or that depicts any such child under eighteen (18) years of age performing 5
530	530	sodomy, oral copulation, sexual intercourse, masturbation, or bestiality; or 6
531	531	(ix) Commits, or allows to be committed, any sexual offense against the child as sexual 7
532	532	offenses are defined by the provisions of chapter 37 of title 11, entitled “Sexual Assault,” as 8
533	533	amended; or 9
534	534	(x) Commits, or allows to be committed, against any child an act involving sexual 10
535	535	penetration or sexual contact if the child is under fifteen (15) years of age; or if the child is fifteen 11
536	536	(15) years or older, and (1) Force or coercion is used by the perpetrator, or (2) The perpetrator 12
537	537	knows, or has reason to know, that the victim is a severely impaired person as defined by the 13
538	538	provisions of § 11-5-11, or physically helpless as defined by the provisions of § 11-37-1(6). 14
539	539	(2) “Child” means a person under the age of eighteen (18). 15
540	540	(3) “Child protective investigator” means an employee of the department charged with 16
541	541	responsibility for investigating complaints and referrals of child abuse and neglect and institutional 17
542	542	child abuse and neglect. 18
543	543	(4) “Children’s advocacy center (CAC)” means a community-based organization that is a 19
544	544	member of the Rhode Island chapter of children advocacy centers and an accredited member (or 20
545	545	working toward accreditation) of the National Children’s Alliance. 21
546	546	(5) “Department” means department of children, youth and families. 22
547	547	(6) “Educational program” means any public or private school, including boarding schools, 23
548	548	or any home-schooling program. 24
549	549	(7) “Healthcare provider” means any provider of healthcare services involved in the 25
550	550	delivery or care of infants or care of children. 26
551	551	(8) “Institution” means any private or public hospital or other facility providing medical or 27
552	552	psychiatric diagnosis, treatment, and care. 28
553	553	(9) “Institutional child abuse and neglect” means situations of known or suspected child 29
554	554	abuse or neglect where the person allegedly responsible for the abuse or neglect is a foster parent 30
555	555	or the employee of a public or private residential childcare institution or agency; or any staff person 31
556	556	providing out-of-home care or situations where the suspected abuse or neglect occurs as a result of 32
557	557	the institution’s practices, policies, or conditions. 33
558	558	(10) “Law enforcement agency” means the police department in any city or town or the 34
559	559
560	560
561	561	LC000837 - Page 16 of 19
562	562	state police. 1
563	563	(11) “Mental injury” includes a state of substantially diminished psychological or 2
564	564	intellectual functioning in relation to, but not limited to, such factors as: failure to thrive; ability to 3
565	565	think or reason; control of aggressive or self-destructive impulses; acting-out or misbehavior, 4
566	566	including incorrigibility, ungovernability, or habitual truancy; provided, however, that the injury 5
567	567	must be clearly attributable to the unwillingness or inability of the parent or other person 6
568	568	responsible for the child’s welfare to exercise a minimum degree of care toward the child. 7
569	569	(12) “Person responsible for child’s welfare” means the child’s parent; guardian; any 8
570	570	individual, eighteen (18) years of age or older, who resides in the home of a parent or guardian and 9
571	571	has unsupervised access to a child; foster parent; an employee of a public or private residential 10
572	572	home or facility; or any staff person providing out-of-home care (out-of-home care means child 11
573	573	day care to include family day care, group day care, and center-based day care). Provided, further, 12
574	574	that an individual, eighteen (18) years of age or older, who resides in the home of a parent or 13
575	575	guardian and has unsupervised access to the child, shall not have the right to consent to the removal 14
576	576	and examination of the child for the purposes of § 40-11-6. 15
577	577	(13) “Physician” means any licensed doctor of medicine, licensed osteopathic physician, 16
578	578	and any physician, intern, or resident of an institution as defined in subsection (8). 17
579	579	(14) “Probable cause” means facts and circumstances based upon as accurate and reliable 18
580	580	information as possible that would justify a reasonable person to suspect that a child is abused or 19
581	581	neglected. The facts and circumstances may include evidence of an injury, or injuries, and the 20
582	582	statements of a person worthy of belief, even if there is no present evidence of injury. 21
583	583	(15) “Shaken-baby syndrome” means a form of abusive head trauma, characterized by a 22
584	584	constellation of symptoms caused by other than accidental traumatic injury resulting from the 23
585	585	violent shaking of or impact upon an infant or young child’s head. 24
586	586	SECTION 13. Section 42-56-20.3 of the General Laws in Chapter 42-56 entitled 25
587	587	"Corrections Department" is hereby amended to read as follows: 26
588	588	42-56-20.3. Community correctional program for women offenders. 27
589	589	(a) Program established. In addition to the provisions of § 42-56-20.2, there shall be 28
590	590	established within the department of corrections a community correctional program for women 29
591	591	offenders. Notwithstanding any provision to the contrary, the department of corrections may 30
592	592	contract with private agencies to carry out the provisions of this section. The civil liability of these 31
593	593	agencies and their employees, acting within the scope of their employment, and carrying out the 32
594	594	provisions of this section, shall be limited in the same manner and dollar amount as if they were 33
595	595	agencies or employees of the state. 34
596	596
597	597
598	598	LC000837 - Page 17 of 19
599	599	(b) Persons subject to this section. Every person who is either sentenced to imprisonment 1
600	600	in the women’s division of the adult correctional institutions for a term of two (2) years or less or 2
601	601	awaiting trial at the women’s division of the adult correctional institutions shall be eligible to serve 3
602	602	in the community confinement program for women offenders under the provisions of this section. 4
603	603	(c) Terms of community correctional program. 5
604	604	(1) The director, or the director’s designee, shall refer persons eligible to serve in the 6
605	605	community correctional program to the program director of the community correctional program. 7
606	606	The program director shall be responsible for developing with each person an individualized plan, 8
607	607	which shall be designed toward providing her an opportunity for rehabilitation and restitution. Each 9
608	608	plan shall assess the need for, and provide for, employment, vocational or academic education, 10
609	609	housing, restitution, community service, or any other social service or counseling need appropriate 11
610	610	to the particular woman. Each plan shall be submitted to the director of the department of 12
611	611	corrections, or the director’s designee, for approval. 13
612	612	(2) Upon approval by the director, or the director’s designee, of the plan, the plan shall be 14
613	613	submitted to the sentencing judge for the sentencing judge’s approval. Upon the court’s approval, 15
614	614	the person shall be released from the adult correctional institutions for participation in the 16
615	615	community correctional program. The supervision of persons so released shall be conducted by the 17
616	616	director, or the director’s designee. The director, or the director’s designee, shall have the full power 18
617	617	and authority set forth in § 42-56-20.2. 19
618	618	(d) Violations. Any person serving in the community correctional program who is found 20
619	619	to be a violator of any of the terms and conditions imposed upon her according to her plan, this 21
620	620	section or any rules, regulations, or restrictions issued pursuant hereto shall serve the balance of 22
621	621	her sentence in a classification deemed appropriate by the director. 23
622	622	(e) Costs. 24
623	623	(1) Assessment of additional penalty for prostitution-related offenses. There shall be 25
624	624	assessed as a penalty, in addition to those provided by law, against all defendants charged under § 26
625	625	11-34.1-1 et seq., who plead nolo contendere or guilty, or who are found guilty of the commission 27
626	626	of those crimes as follows: 28
627	627	(i) Where the offense charged is a felony, the assessment shall be in the amount of five 29
628	628	hundred dollars ($500), or ten percent (10%) of any fine imposed on the defendant by the court, 30
629	629	whichever is greater; 31
630	630	(ii) Where the offense charged is a misdemeanor, the assessment shall be in the amount of 32
631	631	three hundred and fifty dollars ($350), or ten percent (10%) of any fine imposed on the defendant 33
632	632	by the court, whichever is greater; 34
633	633
634	634
635	635	LC000837 - Page 18 of 19
636	636	(iii) Costs shall be assessed whether or not the defendant is sentenced to prison. 1
637	637	(2) When there are multiple counts or multiple charges to be disposed of simultaneously, 2
638	638	the judge may, in the judge’s discretion, suspend the obligation of the defendant to pay on more 3
639	639	than three (3) counts or charges. 4
640	640	(3) The assessment shall be deposited as general revenues. 5
641	641	SECTION 14. This act shall take effect upon passage. 6
642	642	========
643	643	LC000837
644	644	========
645	645
646	646
647	647	LC000837 - Page 19 of 19
648	648	EXPLANATION
649	649	BY THE LEGISLATIVE COUNCIL
650	650	OF
651	651	A N A C T
652	652	RELATING TO CRIMINAL OFFENSES -- COMMERCIAL SEXUAL ACTIVITY
653	653	***
654	654	This act would decriminalize certain commercial sexual activity. It would also include 1
655	655	human trafficking as a racketeering activity and would allow expungements of certain convictions 2
656	656	in § 11-34.1 after one year. 3
657	657	This act would take effect upon passage. 4
658	658	========
659	659	LC000837
660	660	========
661	661