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Sponsor seeks 300-foot school buffer for level 3 offenders after court struck down 1,000-foot rule; ACLU and others caution

2875844 · April 3, 2025
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Summary

House Bill 5925 would impose a 300-foot residency buffer around schools for level-3 registered offenders, the sponsor told the Judiciary Committee, aiming to align level-3 restrictions with levels 1 and 2.

Representative Fazia (pronounced Fasha in committee) introduced House Bill 5925, which would impose a 300-foot residency buffer zone around schools for level-3 registered offenders, aligning the restrictions on level 3 offenders with existing 300-foot rules for levels 1 and 2.

The sponsor characterized the change as necessary after a recent court decision invalidated a 1,000-foot rule as arbitrary and vague. The bill would re-establish a 300-foot geographic restriction for level 3 offenders, which the sponsor said is a measure to protect children and to create consistency across registry levels.

Steven Brown of the ACLU of Rhode Island testified that the court’s decision had been based on vagueness in how the buffer line was drawn; he warned that the 300-foot statute uses the same vague standard and therefore likely will be subject to legal challenge. The ACLU’s written testimony urged repeal of the residency-restriction statute rather than reenactment of a different buffer distance.

Detective Joseph Ritchie III submitted a letter in support that the sponsor placed into the record, the sponsor said, and other law enforcement perspectives were referenced in written submissions.

The committee held the bill for further study under the procedural motion; the ACLU cautioned that any new rule should be precisely drafted to avoid another court challenge.