2023 -- H 5702
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LC001487
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S TATE OF RHODE IS LAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
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A N A C T
RELATING TO COURTS AND CIVIL PROCEDURE-- COURTS -- DOMESTIC ASSAULT
Introduced By: Representatives Baginski, Alzate, Kazarian, Casimiro, McEntee, and
Batista
Date Introduced: February 17, 2023
Referred To: House Judiciary
It is enacted by the General Assembly as follows:
SECTION 1. Section 8-8.1-3 of the General Laws in Chapter 8-8.1 entitled "Domestic 1
Assault" is hereby amended to read as follows: 2
8-8.1-3. Protective orders — Penalty — Jurisdiction. 3
(a) A person suffering from domestic abuse may file a complaint in the district court 4
requesting any order that will protect her or him from the abuse, including, but not limited to, the 5
following: 6
(1) Ordering that the defendant be restrained and enjoined from contacting, assaulting, 7
molesting, or otherwise interfering with the plaintiff at home, on the street, or elsewhere; 8
(2) Ordering the defendant to vacate the household forthwith, unless the defendant holds 9
sole legal interest in the household; 10
(3) Upon motion by the plaintiff, his or her address shall be released only at the discretion 11
of the district court judge; 12
(4) Ordering the defendant to surrender physical possession of all firearms in his or her 13
possession, care, custody, or control and shall further order a person restrained not to purchase or 14
receive, or attempt to purchase or receive, any firearms while the protective order is in effect. The 15
defendant shall surrender the firearms within twenty-four (24) hours of notice of the protective 16
order to the Rhode Island state police or local police department or to a federally licensed firearms 17
dealer. 18
(i) A person ordered to surrender possession of any firearm(s) pursuant to this section shall, 19
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within seventy-two (72) hours after being served with the order, either: 1
(A) File with the court a receipt showing the firearm(s) was physically surrendered to the 2
Rhode Island state police or local police department, or to a federally licensed firearm dealer; or 3
(B) Attest to the court that, at the time of the order, the person had no firearms in his or her 4
immediate physical possession or control, or subject to his or her immediate physical possession or 5
control, and that the person, at the time of the attestation, has no firearms in his or her immediate 6
physical possession or control or subject to his or her immediate physical possession or control. 7
(ii) If a person restrained under this section transfers a firearm(s) to a federally licensed 8
firearms dealer pursuant to this section, the person restrained under this section may instruct the 9
federally licensed firearms dealer to sell the firearm(s) or to transfer ownership in accordance with 10
state and federal law, to a qualified named individual who is not a member of the person’s dwelling 11
house, who is not related to the person by blood, marriage, or relationship as defined by § 15-15-12
1(7), and who is not prohibited from possessing firearms under state or federal law. The owner of 13
any firearm(s) sold shall receive any financial value received from its sale, less the cost associated 14
with taking possession of, storing, and transferring of the firearm(s). 15
(iii) Every individual to whom possession of a firearm(s) is transferred pursuant to this 16
subsection shall be prohibited from transferring or returning any firearm(s) to the person restrained 17
under this section while the protective order remains in effect and shall be informed of this 18
prohibition. Any knowing violation of this subsection is a felony that shall be punishable by a fine 19
of not more than one thousand dollars ($1,000), or by imprisonment for a term of not less than one 20
year and not more than five (5) years, or both. 21
(iv) An individual to whom possession of a firearm(s) is transferred pursuant to this 22
subsection shall return a firearm(s) to the person formerly restrained under this section only if the 23
person formerly restrained under this section provides documentation issued by a court indicating 24
that the restraining order issued pursuant to this section that prohibited the person from purchasing, 25
carrying, transporting, or possessing firearms has expired and has not been extended. 26
(b) After notice to the respondent and after a hearing, which shall be held within fifteen 27
(15) days of surrendering said firearms, the court, in addition to any other restrictions, may, for any 28
protective order issued or renewed on or after July 1, 2017, continue the order of surrender, and 29
shall further order a person restrained under this section not to purchase or receive, or attempt to 30
purchase or receive, any firearms while the protective order is in effect. 31
(c) The district court shall provide a notice on all forms requesting a protective order that 32
a person restrained under this section shall be ordered pursuant to § 11-47-5, to surrender 33
possession or control of any firearms and not to purchase or receive, or attempt to purchase or 34
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receive, any firearms while the restraining order is in effect. The form shall further provide that any 1
person who has surrendered their firearms shall be afforded a hearing within fifteen (15) days of 2
surrendering their firearms. 3
(d) Any firearm surrendered in accordance with this section to the Rhode Island state police 4
or local police department shall be returned to the person formerly restrained under this section 5
upon their request when: 6
(1) The person formerly restrained under this section produces documentation issued by a 7
court indicating that the restraining order issued pursuant to this section that prohibited the person 8
from purchasing, carrying, transporting, or possessing firearms has expired and has not been 9
extended; and 10
(2) The law enforcement agency in possession of the firearms determines that the person 11
formerly restrained under this section is not otherwise prohibited from possessing a firearm under 12
state or federal law. 13
(3) The person required to surrender his or her firearms pursuant to this section shall not 14
be responsible for any costs of storage of any firearms surrendered pursuant to this section. 15
(e) The Rhode Island state police are authorized to develop rules and procedures pertaining 16
to the storage and return of firearms surrendered to the Rhode Island state police or local police 17
departments pursuant to this section. The Rhode Island state police may consult with the Rhode 18
Island Police Chiefs’ Association in developing rules and procedures. 19
(f) Nothing in this section shall be construed to limit, expand, or in any way modify orders 20
issued under § 12-29-4 or § 15-5-19. 21
(g) Nothing in this section shall limit a defendant’s right under existing law to petition the 22
court at a later date for modification of the order. 23
(h) The court shall immediately notify the person suffering from domestic abuse whose 24
complaint gave rise to the protective order and the law enforcement agency where the person 25
restrained under this section resides of the hearing. 26
(i) The person suffering from domestic abuse, local law enforcement, and the person 27
restrained under this section shall all have an opportunity to be present and to testify when the court 28
considers the petition. 29
(j) At the hearing, the person restrained under this section shall have the burden of showing, 30
by clear and convincing evidence, that, if his or her firearm rights were restored, he or she would 31
not pose a danger to the person suffering from domestic abuse or to any other person. 32
(1) In determining whether to restore a person’s firearm rights, the court shall examine all 33
relevant evidence, including, but not limited to: the complaint seeking a protective order; the 34
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criminal record of the person restrained under this section; the mental health history of the person 1
restrained under this section; any evidence that the person restrained under this section has, since 2
being served with the order, engaged in violent or threatening behavior against the person suffering 3
from domestic abuse or any other person. 4
(2) If the court determines, after a review of all relevant evidence and after all parties have 5
had an opportunity to be heard, that the person restrained under this section would not pose a danger 6
to the person suffering from domestic abuse or to any other person if his or her firearm rights were 7
restored, then the court may grant the petition and modify the protective order and lift the firearm 8
prohibition. 9
(3) If the court lifts a person’s firearms prohibition pursuant to this subsection, the court 10
shall issue the person written notice that he or she is no longer prohibited under this section from 11
purchasing or possessing firearms while the protective order is in effect. 12
(k) The prohibition against possessing a firearm(s) due solely to the existence of a domestic 13
violence restraining order issued under this section shall not apply with respect to sworn peace 14
officers as defined in § 12-7-21 and active members of military service, including members of the 15
reserve components thereof, who are required by law or departmental policy to carry departmental 16
firearms while on duty or any person who is required by his or her employment to carry a firearm 17
in the performance of his or her duties. Any individual exempted pursuant to this exception may 18
possess a firearm only during the course of his or her employment. Any firearm required for 19
employment must be stored at the place of employment when not being possessed for employment 20
use; all other firearm(s) must be surrendered in accordance with this section. 21
(l) Any violation of the aforementioned protective order shall subject the defendant to being 22
found in contempt of court. 23
(m) No order shall issue under this section that would have the effect of compelling a 24
defendant who has the sole legal interest in a residence to vacate that residence. 25
(n) The contempt order shall not be exclusive and shall not preclude any other available 26
civil or criminal remedies. Any relief granted by the court shall be for a fixed period of time not to 27
exceed three (3) years, at the expiration of which time the court may extend any order upon motion 28
of the plaintiff for such additional time as it deems necessary to protect the plaintiff from abuse. 29
The court may modify its order at any time upon motion of either party. 30
(o) Any violation of a protective order under this chapter of which the defendant has actual 31
notice shall be a misdemeanor that shall be punished by a fine of no more than one thousand dollars 32
($1,000) or by imprisonment for not more than one year, or both. The attorney general shall 33
prosecute any violations of a protective order under this chapter. 34
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(p) The penalties for violation of this section shall also include the penalties provided under 1
§ 12-29-5. 2
(q) “Actual notice” means that the defendant has received a copy of the order by service 3
thereof or by being handed a copy of the order by a police officer pursuant to § 8-8.1-5(d). 4
(r) The district court shall have criminal jurisdiction over all violations of this chapter. 5
SECTION 2. Section 12-29-4 of the General Laws in Chapter 12-29 entitled "Domestic 6
Violence Prevention Act" is hereby amended to read as follows: 7
12-29-4. Restrictions upon and duties of court. 8
(a)(1) Because of the likelihood of repeated violence directed at those who have been 9
victims of domestic violence in the past, when a person is charged with or arrested for a crime 10
involving domestic violence, that person may not be released from custody on bail or personal 11
recognizance before arraignment without first appearing before the court or bail commissioner. The 12
court or bail commissioner authorizing release shall issue a no-contact order prohibiting the person 13
charged or arrested from having contact with the victim. 14
(2) At the time of arraignment or bail hearing the court or bail commissioner shall 15
determine whether a no-contact order shall be issued or extended. 16
(3) Willful violation of a court order issued under subdivision (1), (2), or as part of 17
disposition of this subdivision of this subsection is a misdemeanor and shall be prosecuted by the 18
attorney general. The written order releasing the person charged or the written order issued at the 19
time of disposition shall contain the court’s directive and shall bear the legend: “Violation of this 20
order is a criminal offense under this section and will subject a violator to arrest”. A copy of the 21
order shall be provided to the victim. 22
(4) Whenever an order prohibiting contact is issued, modified, or terminated under 23
subdivision (1), (2) or (3) of this subsection, the clerk of the court shall forward a copy of the order 24
on or before the next judicial day to the appropriate law enforcement agency specified in the order. 25
(b) Because of the serious nature of domestic violence, the court in domestic violence 26
actions: 27
(1) Shall not dismiss any charge or delay disposition because of concurrent dissolution of 28
marriage or other civil proceedings; 29
(2) Shall not require proof that either party is seeking a dissolution of marriage prior to 30
instigation of criminal proceedings; 31
(3) Shall identify by reasonable means on docket sheets those criminal actions arising from 32
acts of domestic violence; and 33
(4) Shall make clear to the defendant and victim that the prosecution of the domestic 34
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violence action is determined by the prosecutor attorney general and not the victim. 1
(c) To facilitate compliance with the provisions of this section, the district court shall assure 2
that the misdemeanor and felony complaint forms indicate whether the crime charged involves 3
domestic violence and, if so, the relationship of the victim and defendant. 4
(d) Notwithstanding the provisions of section 12-10-12, the filing of any complaint for a 5
crime involving domestic violence shall be conditioned upon the defendant keeping the peace and 6
being of good behavior for a period of three (3) years. In the event a particular case involving 7
domestic violence is filed on a plea of not guilty, guilty or nolo contendere pursuant to section 12-8
10-12, the court having jurisdiction shall retain the records of the case for a period of three (3) years 9
from the date of the filing. These records shall not be expunged, sealed, or otherwise destroyed for 10
a period of three (3) years from the date of filing. Furthermore, the destruction or sealing of records 11
in the possession of the department of attorney general bureau of criminal identification, the 12
superintendent of the state police, or the police departments of any city or town after a filing related 13
to a crime involving domestic violence shall be governed by section 12-1-12. 14
SECTION 3. Section 15-15-3 of the General Laws in Chapter 15-15 entitled "Domestic 15
Abuse Prevention" is hereby amended to read as follows: 16
15-15-3. Protective orders — Penalty — Jurisdiction. 17
(a) A person, or a parent, custodian, or legal guardian on behalf of a minor child or the 18
director of the department of children, youth and families (“DCYF”) or its designee for a child in 19
the custody of DCYF, pursuant to §§ 40-11-7 and 40-11-7.1, suffering from domestic abuse or 20
sexual exploitation as defined in § 15-15-1, may file a complaint in the family court requesting any 21
order that will protect and support her or him from abuse or sexual exploitation, including, but not 22
limited to, the following: 23
(1) Ordering that the defendant be restrained and enjoined from contacting, assaulting, 24
molesting, sexually exploiting, or interfering with the plaintiff at home, on the street, or elsewhere, 25
whether the defendant is an adult or a minor; 26
(2) Ordering the defendant to vacate the household immediately, and further providing in 27
the order for the safety and welfare of all household animals and pets; 28
(3) Awarding the plaintiff custody of the minor children of the parties, if any; 29
(4) Ordering the defendant to surrender physical possession of all firearms in his or her 30
possession, care, custody, or control and shall further order a person restrained not to purchase or 31
receive, or attempt to purchase or receive, any firearms while the protective order is in effect. The 32
defendant shall surrender said firearms within twenty-four (24) hours of notice of the protective 33
order to the Rhode Island state police or local police department or to a federally licensed firearms 34
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dealer. 1
(i) A person ordered to surrender possession of any firearm(s) pursuant to this section shall, 2
within seventy-two (72) hours after being served with the order, either: 3
(A) File with the court a receipt showing the firearm(s) was physically surrendered to the 4
Rhode Island state police or local police department, or to a federally licensed firearms dealer; or 5
(B) Attest to the court that, at the time of the order, the person had no firearms in his or her 6
immediate physical possession or control, or subject to their immediate physical possession or 7
control, and that the person, at the time of the attestation, has no firearms in their immediate 8
physical possession or control, or subject to their immediate physical possession or control. 9
(ii) If a person restrained under this section transfers a firearm(s) to a federally licensed 10
firearms dealer pursuant to this section, the person restrained under this section may instruct the 11
federally licensed firearms dealer to sell the firearm(s) or to transfer ownership, in accordance with 12
state and federal law, to a qualified named individual who is not a member of the person’s dwelling 13
house, who is not related to the person by blood, marriage, or relationship as defined by § 15-15-14
1(7), and who is not prohibited from possessing firearms under state or federal law. The owner of 15
any firearm(s) sold shall receive any financial value received from its sale, less the cost associated 16
with taking possession of, storing, and transferring of the firearm(s). 17
(iii) Every individual to whom ownership of a firearm(s) is transferred pursuant to this 18
subsection shall be prohibited from transferring or returning any firearm(s) to the person restrained 19
under this section while the protective order remains in effect and shall be informed of this 20
prohibition, Any knowing violation of this subsection is a felony that shall be punishable by a fine 21
of not more than one thousand dollars ($1,000), or by imprisonment for a term of not less than one 22
year and not more than five (5) years, or both. 23
(iv) An individual to whom ownership of a firearm(s) is transferred pursuant to this 24
subsection shall return a firearm(s) to the person formerly restrained under this section only if the 25
person formerly restrained under this section provides documentation issued by a court indicating 26
that the restraining order issued pursuant to this section that prohibited the person from purchasing, 27
carrying, transporting, or possessing firearms has expired and has not been extended; 28
(5) After notice to the respondent and a hearing, ordering either party to make payments 29
for the support of a minor child or children of the parties as required by law for a period not to 30
exceed ninety (90) days, unless the child support order is for a child or children receiving public 31
assistance pursuant to chapter 5.1 of title 40. In these cases, legal counsel for the division of 32
taxation, child support enforcement, shall be notified as a party in interest to appear for the purpose 33
of establishing a child support order under a new or existing docket number previously assigned to 34
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the parties and not under the protective docket number. The child support order shall remain in 1
effect until the court modifies or suspends the order. 2
(b) After notice to the respondent and a hearing, which shall be held within fifteen (15) 3
days of surrendering said firearms, the court, in addition to any other restrictions, may, for any 4
protective order issued after or renewed on or after July 1, 2017, continue the order of surrender, 5
and shall further order a person restrained under this section not to purchase or receive, or attempt 6
to purchase or receive, any firearms while the protective order is in effect. 7
(c) The family court shall provide a notice on all forms requesting a protective order that a 8
person restrained under this section shall be ordered pursuant to § 11-47-5 to surrender possession 9
of any firearms while the protective order is in effect. The form shall further provide that any person 10
who has surrendered his or her firearms shall be afforded a hearing within fifteen (15) days of 11
surrendering his or her firearms. 12
(d) Any firearm surrendered in accordance with this section to the Rhode Island state police 13
or local police department shall be returned to the person formerly restrained under this section 14
upon his or her request when: 15
(1) The person formerly restrained under this section produces documentation issued by a 16
court indicating that the restraining order issued pursuant to this section that prohibited the person 17
from purchasing, carrying, transporting, or possessing firearms has expired and has not been 18
extended; and 19
(2) The law enforcement agency in possession of the firearms determined that the person 20
formerly restrained under this section is not otherwise prohibited from possessing a firearm under 21
state or federal law. 22
(3) The person required to surrender their firearms pursuant to this section shall not be 23
responsible for any costs of storage of any firearms surrendered pursuant to this section. 24
(e) The Rhode Island state police are authorized to develop rules and procedures pertaining 25
to the storage and return of firearms surrendered to the Rhode Island state police or local police 26
departments pursuant to this section. The Rhode Island state police may consult with the Rhode 27
Island Police Chiefs’ Association in developing rules and procedures. 28
(f) Nothing in this section shall be construed to limit, expand, or in any way modify orders 29
issued under § 12-29-7 or § 15-5-19. 30
(g) Nothing in this section shall limit a defendant’s right under existing law to petition the 31
court at a later date for modification of the order. 32
(h) The court shall immediately notify the person suffering from domestic abuse whose 33
complaint gave rise to the protective order, and the law enforcement agency where the person 34
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restrained under this section resides, of the hearing. 1
(i) The person suffering from domestic abuse, local law enforcement, and the person 2
restrained under this section shall all have an opportunity to be present and to testify when the court 3
considers the petition. 4
(j) At the hearing, the person restrained under this section shall have the burden of showing, 5
by clear and convincing evidence, that, if his or her firearm rights were restored, he or she would 6
not pose a danger to the person suffering from domestic abuse or to any other person. 7
(1) In determining whether to restore a person’s firearm rights, the court shall examine all 8
relevant evidence, including, but not limited to: the complaint seeking a protective order; the 9
criminal record of the person restrained under this section; the mental health history of the person 10
restrained under this section; any evidence that the person restrained under this section has, since 11
being served with the order, engaged in violent or threatening behavior against the person suffering 12
from domestic abuse or any other person. 13
(2) If the court determines, after a review of all relevant evidence and after all parties have 14
had an opportunity to be heard, that the person restrained under this section would not pose a danger 15
to the person suffering from domestic abuse or to any other person if his or her firearm rights were 16
restored, then the court may grant the petition and modify the protective order and lift the firearm 17
prohibition. 18
(3) If the court lifts a person’s firearms prohibition pursuant to this subsection, the court 19
shall issue the person written notice that he or she is no longer prohibited under this section from 20
purchasing or possessing firearms while the protective order is in effect. 21
(k) The prohibition against possessing a firearm(s) due solely to the existence of a domestic 22
violence restraining order issued under this section shall not apply with respect to sworn peace 23
officers as defined in § 12-7-21 and active members of military service, including members of the 24
reserve components thereof, who are required by law or departmental policy to carry departmental 25
firearms while on duty or any person who is required by his or her employment to carry a firearm 26
in the performance of his or her duties. Any individual exempted pursuant to this exception may 27
possess a firearm only during the course of his or her employment. Any firearm required for 28
employment must be stored at the place of employment when not being possessed for employment 29
use; all other firearm(s) must be surrendered in accordance with this section. 30
(l) Upon motion by the plaintiff, his or her address shall be released only at the discretion 31
of the family court judge. 32
(m)(1) Any violation of the protective orders in subsection (a) of this section shall subject 33
the defendant to being found in contempt of court. 34
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(2) The contempt order shall not be exclusive and shall not preclude any other available 1
civil or criminal remedies. Any relief granted by the court shall be for a fixed period of time not to 2
exceed three (3) years, at the expiration of which time the court may extend any order, upon motion 3
of the plaintiff, for any additional time, that it deems necessary to protect the plaintiff from abuse. 4
The court may modify its order at any time upon motion of either party. 5
(n)(1) Any violation of a protective order under this chapter of which the defendant has 6
actual notice shall be a misdemeanor that shall be punished by a fine of no more than one thousand 7
dollars ($1,000) or by imprisonment for not more than one year, or both. The attorney general shall 8
prosecute any violations of a protective order under this chapter. 9
(2) The penalties for violation of this section shall also include the penalties as provided 10
by § 12-29-5. 11
(o) Actual notice means that the defendant has received a copy of the order by service or 12
by being handed a copy of the order by a police officer pursuant to § 15-15-5(d). 13
(p)(1) The district court shall have criminal jurisdiction over all adult violations of this 14
chapter. 15
(2) The family court shall have jurisdiction over all juvenile violations of this chapter. 16
SECTION 4. Section 42-9-4 of the General Laws in Chapter 42-9 entitled "Department of 17
Attorney General" is hereby amended to read as follows: 18
42-9-4. Prosecution of offenses. 19
(a) The attorney general shall draw and present all informations and indictments, or other 20
legal or equitable process, against any offenders, as by law required, and diligently, by a due course 21
of law or equity, prosecute them to final judgment and execution. 22
(b) The duty of the attorney general under this section shall include the duty to prosecute 23
all charges of violations of §§ 31-27-2.1, 31-27-2.3, and/or 31-27-2.5, jurisdiction over the 24
adjudication of which is conferred upon the traffic tribunal under chapter 41.1 of title 31. 25
(c) The duty of the attorney general under this section shall include the duty to prosecute 26
all charges of violations of §§ 8-8.1-3, 12-29-4 and/or 15-15-13. 27
SECTION 5. This act shall take effect upon passage. 28
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO COURTS AND CIVIL PROCEDURE-- COURTS -- DOMESTIC ASSAULT
***
This act would provide the office of attorney general with the authority to prosecute any 1
violation of a protective order. 2
This act would take effect upon passage. 3
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LC001487
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