AN ACT RELATING TO CRIMINAL OFFENSES -- CHILDREN (Requires courts and bail commissioners to issue no contact orders against any person arrested for cruelty or neglect of a child, child abuse or child endangerment and to issue orders upon any finding of guilty. Violations of order would be a misdemeanor.)

H8056

2026 -- H 8056
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LC003356
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO CRIMINAL OFFENSES -- CHILDREN

Introduced By:
Representatives Solomon, and Casimiro

Date Introduced:
February 27, 2026

Referred To:
House Judiciary
It is enacted by the General Assembly as follows:
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SECTION 1. Sections 11-9-5, 11-9-5.3 and 11-9-5.4 of the General Laws in Chapter 11-9
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entitled "Children" are hereby amended to read as follows:
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11-9-5. Cruelty to or neglect of child.
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(a) Every person having the custody or control of any child under the age of eighteen (18)
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years who shall abandon that child, or who shall treat the child with gross or habitual cruelty, or
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who shall wrongfully cause or permit that child to be an habitual sufferer for want of food, clothing,
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proper care, or oversight, or who shall use or permit the use of that child for any wanton, cruel, or
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improper purpose, or who shall compel, cause, or permit that child to do any wanton or wrongful
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act, or who shall cause or permit the home of that child to be the resort of lewd, drunken, wanton,
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or dissolute persons, or who by reason of neglect, cruelty, drunkenness, or depravity, shall render
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the home of that child a place in which it is unfit for that child to live, or who shall neglect or refuse
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to pay the reasonable charges for the support of that child, whenever the child shall be placed by
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him or her in the custody of, or be assigned by any court to, any individual, association, or
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corporation, shall be guilty of a felony and shall for every such offense be imprisoned for not less
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than one year nor more than three (3) years, or be fined not exceeding one thousand dollars
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($1,000), or both, and the child may be proceeded against as a neglected child under the provisions
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of chapter 1 of title 14.
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(b) In addition to any penalty provided in this section, any person convicted or placed on
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probation for this offense may be required to receive psychosociological counseling in child

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growth, care and development as a part of that sentence or probation. For purposes of this section,
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and in accordance with § 40-11-15, a parent or guardian practicing his or her religious beliefs which
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differ from general community standards who does not provide specified medical treatment for a
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child shall not, for that reason alone, be considered an abusive or negligent parent or guardian;
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provided, the provisions of this section shall not: (1) exempt a parent or guardian from having
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committed the offense of cruelty or neglect if the child is harmed under the provisions of (a) above;
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(2) exempt the department from the provisions of § 40-11-5; or (3) prohibit the department from
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filing a petition, pursuant to the provisions of § 40-11-15, for medical services for a child, where
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his or her health requires it.
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(c) When a person is charged with or arrested for a crime involving cruelty or neglect of a
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child, that person may not be released from custody on bail or personal recognizance before
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arraignment without first appearing before the court or bail commissioner. The court or bail
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commissioner authorizing release shall issue a no contact order prohibiting the person charged or
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arrested from having contact with the victim.
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(1) A judge may, at any subsequent hearing and after hearing from the protected party,
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modify or terminate the no contact order.
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(2) Willful violation of a court order issued under this subsection shall be punished as a
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misdemeanor. The written order releasing the person charged or the written order issued at the time
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of disposition or sentencing shall contain the court’s directive and shall bear the legend: "Violation
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of this order is a criminal offense under this section and shall subject a violator to arrest." A copy
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of the order shall be provided to the victim.
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(3) Whenever an order prohibiting contact is issued, modified, or terminated, the clerk of
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the court shall forward a copy of the order on or before the next judicial day to the appropriate law
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enforcement agency specified in the order.
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11-9-5.3. Child abuse — Brendan’s Law.
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(a) This section shall be known and may be referred to as “Brendan’s Law.”
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(b) Whenever a person having care of a child, as defined by § 40-11-2(2), whether assumed
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voluntarily or because of a legal obligation, including any instance where a child has been placed
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by his or her parents, caretaker, or licensed or governmental child placement agency for care or
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treatment, knowingly or intentionally:
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(1) Inflicts upon a child serious bodily injury, shall be guilty of first degree child abuse.
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(2) Inflicts upon a child any other physical injury, shall be guilty of second degree child
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abuse.
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(c) For the purposes of this section, “serious bodily injury” means physical injury that:

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(1) Creates a substantial risk of death;
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(2) Causes protracted loss or impairment of the function of any bodily parts, member or
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organ, including any fractures of any bones;
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(3) Causes serious disfigurement; or
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(4) Evidences subdural hematoma, intercranial hemorrhage and/or retinal hemorrhages as
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signs of “shaken baby syndrome” and/or “abusive head trauma.”
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(d) For the purpose of this section, “other physical injury” is defined as any injury, other
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than a serious bodily injury, which arises other than from the imposition of nonexcessive corporal
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punishment.
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(e) Any person who commits first degree child abuse shall be imprisoned for not more than
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twenty (20) years, nor less than ten (10) years and fined not more than ten thousand dollars
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($10,000). Any person who is convicted of second degree child abuse shall be imprisoned for not
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more than ten (10) years, nor less than five (5) years and fined not more than five thousand dollars
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($5,000).
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(f) Any person who commits first degree child abuse on a child age five (5) or under shall
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not on the first ten (10) years of his or her sentence be afforded the benefit of suspension or
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deferment of sentence nor of probation for penalties provided in this section; and provided further,
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that the court shall order the defendant to serve a minimum of eight and one-half (8½) years or
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more of the sentence before he or she becomes eligible for parole.
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(g) Any person who has been previously convicted of first or second degree child abuse
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under this section and thereafter commits first degree child abuse shall be imprisoned for not more
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than forty (40) years, nor less than twenty (20) years and fined not more than twenty thousand
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($20,000) dollars and shall be subject to subsection (f) of this section if applicable. Any person who
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has been previously convicted of first or second degree child abuse under this section and thereafter
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commits second degree child abuse shall be imprisoned for not more than twenty (20) years, nor
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less than ten (10) years and fined not more than ten thousand ($10,000) dollars.
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(h) When a person is charged with or arrested for a crime involving child abuse, that person
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may not be released from custody on bail or personal recognizance before arraignment without first
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appearing before the court or bail commissioner. The court or bail commissioner authorizing
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release shall issue a no contact order prohibiting the person charged or arrested from having contact
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with the victim.
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(1) A judge may, at any subsequent hearing and after hearing from the protected party,
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modify or terminate the no contact order.
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(2) Willful violation of a court order issued under this subsection shall be punished as a

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misdemeanor. The written order releasing the person charged or the written order issued at the time
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of disposition or sentencing shall contain the court’s directive and shall bear the legend: "Violation
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of this order is a criminal offense under this section and shall subject a violator to arrest." A copy
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of the order shall be provided to the victim.
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(3) Whenever an order prohibiting contact is issued, modified, or terminated, the clerk of
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the court shall forward a copy of the order on or before the next judicial day to the appropriate law
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enforcement agency specified in the order.
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11-9-5.4. Child endangerment.
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(a) When used in this section, the following words and phrases are construed as follows:
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(1) “Child” means any person under eighteen (18) years of age.
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(2) “Serious bodily injury” shall have the same definition as contained in § 11-5-2(c).
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(3) “Sexual abuse” means any sexual contact or penetration prohibited by chapter 37 of
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this title.
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(b) A person is guilty of endangering the welfare of a child when being a parent, guardian,
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or any other person who has custody or control of a child, the person:
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(1) Wantonly or recklessly engages in conduct that creates a substantial risk of serious
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bodily injury to the child or sexual abuse of the child; or
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(2) Wantonly or recklessly fails to take reasonable steps to alleviate such risk to the child
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where there is a duty to act.
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(c) For purposes of this section, such wanton and reckless behavior occurs when a person
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is aware of and consciously disregards a substantial and unjustifiable risk that their acts, or
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omissions where there is a duty to act, would result in a substantial risk of serious bodily injury to
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the child or sexual abuse of the child for whom they have custody or control. The risk must be of
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such nature and degree that disregard of the risk constitutes a gross deviation from the standard of
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conduct that a reasonable person would observe in the situation.
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(d) Any person who shall violate this section shall be guilty of a felony, and for the first
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offense, be imprisoned up to three (3) years or be fined not exceeding one thousand dollars
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($1,000), or both.
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(e) Any person who has been previously convicted of child endangerment under this
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section and thereafter commits child endangerment shall be imprisoned up to ten (10) years or be
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fined not exceeding five thousand dollars ($5,000), or both.
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(f) When a person is charged with or arrested for a crime involving child endangerment,
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that person may not be released from custody on bail or personal recognizance before arraignment
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without first appearing before the court or bail commissioner. The court or bail commissioner

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authorizing release shall issue a no contact order prohibiting the person charged or arrested from
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having contact with the victim.
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(1) A judge may, at any subsequent hearing and after hearing from the protected party,
4
modify or terminate the no contact order.
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(2) Willful violation of a court order issued under this subsection shall be punished as a
6
misdemeanor. The written order releasing the person charged or the written order issued at the time
7
of disposition or sentencing shall contain the court’s directive and shall bear the legend: "Violation
8
of this order is a criminal offense under this section and shall subject a violator to arrest." A copy
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of the order shall be provided to the victim.
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(3) Whenever an order prohibiting contact is issued, modified, or terminated, the clerk of
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the court shall forward a copy of the order on or before the next judicial day to the appropriate law
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enforcement agency specified in the order.
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SECTION 2. This act shall take effect upon passage.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO CRIMINAL OFFENSES -- CHILDREN
***
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This act would require courts and bail commissioners to issue no contact orders against
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any person arrested and charged with cruelty or neglect of a child, child abuse or child
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endangerment at arraignment and for courts to issue no contact orders upon a plea of nolo
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contendere, guilty or a verdict of guilty. This act would provide that any violation of the no contact
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order be punished as a misdemeanor.
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This act would take effect upon passage.
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