CRIMINAL OFFENSES -- VICTIM PROXIMITY PROTECTION ACT, the official text

H8502 2026 -- H 8502 ======== LC006391 ======== STATE OF RHODE ISLAND IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 2026 ____________ A N A C T RELATING TO CRIMINAL OFFENSES -- VICTIM PROXIMITY PROTECTION ACT Introduced By: Representatives Cotter, J. Brien, Corvese, McGaw, Speakman, and Santucci Date Introduced: May 01, 2026 Referred To: House Judiciary It is enacted by the General Assembly as follows: 1 SECTION 1. Title 11 of the General Laws entitled CRIMINAL OFFENSES is hereby 2 amended by adding thereto the following chapter: 3 CHAPTER 37.4 4 VICTIM PROXIMITY PROTECTION ACT 5 11-37.4-1. Short title. 6 This chapter shall be known and may be cited as the “Victim Proximity Protection Act.” 7 11-37.4-2. Purpose. 8 The purpose of this chapter is to enhance the safety and security of victims of sexual 9 offenses, prevent unwanted contact and establish enforceable geographic restrictions on offenders 10 relative to specific victims. 11 11-37.4-3. Definitions. 12 As used in this chapter, the following words and phrases shall have the following meanings: 13 (1) “Exclusion zone” means a geographic area in which the offender is prohibited from 14 residing during any period of parole, probation or other form of supervised release as ordered by 15 the sentencing court, and may include in the discretion of the court an order prohibiting the offender 16 from entering a designated geographic area. 17 (2) “Offender” means any person convicted of a sexual offense under the laws of the State 18 of Rhode Island or any other state and who is required, by virtue of that conviction, to register as a 19 sex offender. 1 (3) “Residence” means any place where an offender lives for more than three (3) 2 consecutive days or ten (10) cumulative days in any year. 3 (4) “Victim” means the individual against whom the offense was committed. 4 11-37.4-4. Victim proximity restrictions. 5 (a) In addition to the requirements and restrictions contained in chapter 37.1 of title 11, the 6 sentencing court shall provide notice to the offender and impose an exclusion zone order to protect 7 the victim(s) of the offense. Specifically, the court shall inform and order any offender, except a 8 level three (3) sex offender, that the offender is prohibited from residing within one thousand feet 9 (1,000’) of the victim s residence, workplace or school, which distance shall be measured from the 10 nearest boundary line of the real property supporting the residence of the offender to the nearest 11 boundary line of the real property that supports or upon which there exists the victim s residence, 12 workplace or school. 13 (b) Any level three (3) sex offender shall be prohibited from residing within one mile of 14 the victim s residence, workplace or school, which distance shall be measured from the nearest 15 boundary line of the real property supporting the residence of the offender to the nearest boundary 16 line of the real property that supports or upon which there exists the victim s residence, workplace 17 or school. 18 (c) The court may expand the exclusion zone to a distance of up to three (3) miles after 19 considering the offense severity, risk level, victim vulnerability and victim impact statements. Any 20 justification or reasoning for such an expansion shall be made in writing and shall not be imposed 21 for the purpose of excluding the offender from entire communities. 22 (d) The offender’s right to challenge the imposition of, or any expansion of the exclusion 23 zone shall be governed by the appellate procedures outlined in chapter 37.1 of title 11. 24 (e) The restrictions on the offender shall be enforced during any period of post-conviction 25 during which time the offender is on parole, probation or any form of supervised release as ordered 26 by the sentencing court. 27 (f) In addition to the exclusion zone, the court shall automatically issue a no contact order 28 with the victim(s) prohibiting the offender from having any direct or indirect contact with the 29 victim. Direct contact shall include, but not be limited to, in-person contact, phone contact, text or 30 email contact or any other contact in which the offender attempts to communicate with the victim, 31 regardless of purpose. Indirect contact shall include, but not be limited to, electronic contact, digital 32 contact, contact through a third party or any other contact in which the offender attempts to 33 communicate with the victim, albeit not directly, regardless of the purpose. 34 11-37.4-5. GPS monitoring and enforcement. LC006391 - Page 2 of 4 1 Level two (2) and level three (3) sex offenders shall be subject to GPS monitoring for the 2 period of their parole, probation or supervised release and any willful violation of the exclusion 3 zone or no contact orders shall be punishable by up to five (5) years imprisonment. 4 11-37.4-6. Housing approval. 5 Offenders shall, prior to seeking housing after being convicted of any offense under this 6 chapter, seek and acquire approval from the offender s parole officer, probation officer or any 7 person charged with supervising the offender s release. Any denial of approval for housing by any 8 parole, probation or supervision officer shall automatically preclude the offender from moving into 9 or residing at the subject address. 10 11-37.4-7. Victim notification. 11 Any victim of the offender shall be notified of the offender’s release from incarceration 12 within forty-eight (48) hours of said release and shall be notified of the location of the offender’s 13 approved address. 14 11-37.4-8. Severability. 15 If any provision of this chapter or any amendment thereto is held to be unconstitutional, 16 the remainder of this chapter and its amendments shall not be affected thereby. 17 SECTION 2. This act shall take effect upon passage. ======== LC006391 ======== LC006391 - Page 3 of 4 EXPLANATION BY THE LEGISLATIVE COUNCIL OF A N A C T RELATING TO CRIMINAL OFFENSES -- VICTIM PROXIMITY PROTECTION ACT *** 1 This act would prohibit those people convicted of sex offenses from living within proximity 2 to their victim s residences, workplaces or schools and automatically be prohibited from having any 3 direct or indirect contact with the victim(s). Violation of an imposed exclusion zone by an offender 4 would be punishable by up to five (5) years imprisonment. 5 This act would take effect upon passage. ======== LC006391 ======== LC006391 - Page 4 of 4