R.I. Gen. Laws § 42-162-2

Current through 2024 Public Law 457

Section 42-162-2 - Definitions

As used in this chapter:

(1) "Abuse" means an act or failure to act that presents an imminent risk of serious harm to an individual and, for purposes of this chapter includes, but is not limited to, any of the following crimes, regardless of whether these acts or threats have been reported to law enforcement officers:

(i) Child abuse (§ 11-9-5.3 );

(ii) Child molestation (§§ 11-37-8.1 and 11-37-8.3 );

(iii) Domestic violence (subsection (4) of this section);

(iv) Enticement of children (§ 11-26-1.5 );

(v) Indecent solicitation of a child (§ 11-37-8.8 );

(vi) Kidnapping (§§ 11-26-1 and 11-26-1.4 );

(vii) Sexual assault (chapter 37 of title 11);

(viii) Stalking (§ 11-59-2 );

(ix) Strangulation (§ 11-5-2.3 ); and

(x) Trafficking (chapter 67.1 of title 11).

(2) "Actual address" means the physical location where the applicant resides, as specified on the individual's application to be a program participant under this chapter.

(3) "Agency" means any subdivision of the state of Rhode Island, a municipality, or a subdivision of a municipality.

(4) "Domestic violence" for purposes of this chapter, includes, but is not limited to, any of the following crimes when committed by one family or household member against another, regardless of whether these acts or threats have been reported to law enforcement officers:

(i) Simple assault (§ 11-5-3 );

(ii) Felony assaults (chapter 5 of title 11);

(iii) Vandalism (§ 11-44-1 );

(iv) Disorderly conduct (§ 11-45-1 );

(v) Trespass (§ 11-44-26 );

(vi) Kidnapping (§ 11-26-1 );

(vii) Child-snatching (§ 11-26-1.1 );

(viii) Sexual assault (§§ 11-37-2 and 11-37-4 );

(ix) Homicide (§§ 11-23-1 and 11-23-3 );

(x) Violation of the provisions of a protective order entered pursuant to § 15-5-19, chapter 15 of title 15, or chapter 8.1 of title 8 where the respondent has knowledge of the order and the penalty for its violation, or a violation of a no contact order issued pursuant to § 12-29-4;

(xi) Stalking (chapter 59 of title 11);

(xii) Refusal to relinquish or to damage or to obstruct a telephone (§ 11-35-14 );

(xiii) Burglary and unlawful entry (chapter 8 of title 11);

(xiv) Arson (chapter 4 of title 11);

(xv) Cyberstalking and cyberharassment (§ 11-52-4.2 );

(xvi) Domestic assault by strangulation (§ 11-5-2.3 );

(xvii) Electronic tracking of motor vehicles (§ 11-69-1 ); or

(xviii) Abuse (subsection (1) of this section).

(5) "Family or household member" means current or former intimate partners, spouses, former spouses, persons related by blood or marriage, persons who are presently residing together or who have resided together in the past three (3) years, and persons who have a child in common regardless of whether they have been married or have lived together, or persons who are, or have been, in a dating or engagement relationship within the past year.

(6) "Law enforcement agency" means the department of public safety, the Rhode Island state police, a municipal police department, a sheriff's department, the attorney general's office, and shall also mean the department of children, youth, and families when engaged in the investigation of child abuse and neglect.

(7) "Law enforcement purposes" means all matters relating to:

(i) The prevention, investigation, prosecution, or adjudication of criminal offenses, civil matters, or juvenile matters;

(ii) The investigation, prosecution, adjudication, detention, supervision, or correction of persons suspected, charged, or convicted of criminal offenses or juvenile delinquencies;

(iii) The protection of the general health, welfare, and safety of the public or the state of Rhode Island;

(iv) The execution and enforcement of court orders;

(v) Service of criminal or civil process or court orders;

(vi) Screening for criminal justice employment;

(viii) Other actions taken in performance of official duties, as set forth by statutes, rules, policies, judicial case law, and the U.S. and Rhode Island Constitutions; and

(viii) Criminal identification activities, including the collection, storage, and dissemination of criminal history records, sex offender registry information, and DNA material and information.

(8) "Public record" means a public record as defined in § 38-2-2 ("public records").

(9) "Secretary" means the Rhode Island secretary of state.

(10) "Substitute address" means the secretary's designated address for the address confidentiality program.

R.I. Gen. Laws § 42-162-2

Added by 2022 Pub. Laws, ch. 190,§ 1, eff. 1/1/2023.

Added by 2022 Pub. Laws, ch. 191,§ 1, eff. 1/1/2023.