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R.I. law-enforcement officials say Senate bill outlawing indoor prostitution is flawed

01:00 AM EDT on Saturday, June 27, 2009

By Lynn Arditi

Journal Staff Writer

PROVIDENCE — The Rhode Island State Police and the attorney general say a bill approved by the Senate Thursday night that seeks to outlaw indoor prostitution would weaken, rather than strengthen, the current law.

Officials from both agencies say the bill (S-0956), which the Senate approved 35 to 0, lacks the criminal penalties necessary to prosecute offenders and removes key language in the existing laws against loitering, pandering and solicitation.

“Rhode Island State Police cannot support civil sanctions for such reprehensible acts,” State police Supt. Col. Brendan P. Doherty wrote Friday in a letter to Rep. Donald J. Lally, Jr., chairman of the House Judiciary Committee, where the bill awaits a hearing.

“By reducing the seriousness of the enforcement of these acts,” he continued, “we will actually be placing the women this bill intends to protect in a dangerous environment where they will be further targeted for exploitation.”

The bill, introduced by Sen. Paul V. Jabour, D-Providence, is one of two bills pending before the General Assembly that seek to close a nearly 30-year-old “loophole” in the state’s prostitution law.

The House last May approved a separate bill (H-5044 A), introduced by Rep. Joanne M. Giannini, D-Providence, by a vote of 62 to 6.

In order to become law, the Senate and House must both approve one, identical bill.

Rhode Island is the only place, outside of certain counties in Nevada, that has no law against indoor prostitution. The omission in the law, the police say, has fueled the expansion in Rhode Island of brothels masquerading as “spas.”

The Senate bill rewrites much of the existing language in the prostitution statute that talks about loitering, soliciting and harboring for prostitution–– some of which dates back to the original law enacted in 1956 ––and replaces it with new statutes that provide for staggered penalties for first, second and third offenses. Prostitutes, their “customers” and property owners who are found guilty of a first offense would be punished by a “violation” and a fine.

Opponents of criminalizing indoor prostitution–– including advocates for victims’ rights –– have argued against any law that would result in arresting and imprisoning more prostitutes, whom they view as victims.

But law-enforcement officials on Friday criticized the Senate bill for being too lenient.

“A fine does not equal a conviction,” said Michael Healey, spokesman for Attorney General Patrick C. Lynch. . “So if you’re not convicted of a crime the first time, the second offense actually becomes the first offense. You see the sort of twisted logic there?”

The Senate bill, Healey said, treats first-time offences like a “speeding ticket” and, as a result, “doesn’t fully criminalize indoor prostitution.”

By contrast, the current law states that first-time offenders found guilty of a misdemeanor of loitering for prostitution face up to six months imprisonment and a fine of up to $1,000.

Doherty expressed concern that the Senate bill would repeal sections of the current statute — including harboring, pandering, and “loitering for indecent purposes near schools” and replace them with weaker penalties.

The Senate bill also differs from the House bill in that it provides for penalties for landlords who “knowingly” allow prostitution on their property. Landlords who are repeat offenders would face up to three years in prison and fines of up to $10,000.

“You get caught shoplifting three times, you’re an habitual offender” subject to a felony charge, Jabour, a lawyer, said. “Why should it be any different for prostitution?”

The penalties –– which are far lighter for first- and second-time offenses — are designed to encourage landlords to take action to remove tenants whom they know or suspect are using the premises for prostitution, said legislative counsel lawyer Richard K. Corley, who helped draft the Senate bill.

For landlords, the punishment for a first offense is a misdemeanor “violation” subject a $100 contribution to the Victims’ Indemnity Fund; a second-offense is punishable by a fine of up to $500.

Jabour had said last week that property owners are the “silent force” against his bill, adding that he wanted to “smoke out the skunks and see who’s against it.”

The Senate bill also includes stiffer penalties for customers who are repeat offenders. For example, a second offense is a misdemeanor punishable by a $500 fine; third and subsequent offenses are punishable by up to six months imprisonment and a fine of up to $500.

Giannini said that she removed all penalties against landlords on the advice of House legal counsel.

In order to move forward, the Senate bill must get a hearing in the House Judiciary Committee. So far, no hearing has been scheduled.

Meanwhile, the House bill approved last May has so far has failed to move forward in the Senate.

larditi@projo.com

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