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4 | 4 | | |
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5 | 5 | | 2023 -- H 5702 |
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6 | 6 | | ======== |
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7 | 7 | | LC001487 |
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8 | 8 | | ======== |
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9 | 9 | | S TATE OF RHODE IS LAND |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2023 |
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12 | 12 | | ____________ |
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13 | 13 | | |
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14 | 14 | | A N A C T |
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15 | 15 | | RELATING TO COURTS AND CIVIL PROCEDURE-- COURTS -- DOMESTIC ASSAULT |
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16 | 16 | | Introduced By: Representatives Baginski, Alzate, Kazarian, Casimiro, McEntee, and |
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17 | 17 | | Batista |
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18 | 18 | | Date Introduced: February 17, 2023 |
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19 | 19 | | Referred To: House Judiciary |
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20 | 20 | | |
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21 | 21 | | |
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22 | 22 | | It is enacted by the General Assembly as follows: |
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23 | 23 | | SECTION 1. Section 8-8.1-3 of the General Laws in Chapter 8-8.1 entitled "Domestic 1 |
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24 | 24 | | Assault" is hereby amended to read as follows: 2 |
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25 | 25 | | 8-8.1-3. Protective orders — Penalty — Jurisdiction. 3 |
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26 | 26 | | (a) A person suffering from domestic abuse may file a complaint in the district court 4 |
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27 | 27 | | requesting any order that will protect her or him from the abuse, including, but not limited to, the 5 |
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28 | 28 | | following: 6 |
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29 | 29 | | (1) Ordering that the defendant be restrained and enjoined from contacting, assaulting, 7 |
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30 | 30 | | molesting, or otherwise interfering with the plaintiff at home, on the street, or elsewhere; 8 |
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31 | 31 | | (2) Ordering the defendant to vacate the household forthwith, unless the defendant holds 9 |
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32 | 32 | | sole legal interest in the household; 10 |
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33 | 33 | | (3) Upon motion by the plaintiff, his or her address shall be released only at the discretion 11 |
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34 | 34 | | of the district court judge; 12 |
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35 | 35 | | (4) Ordering the defendant to surrender physical possession of all firearms in his or her 13 |
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36 | 36 | | possession, care, custody, or control and shall further order a person restrained not to purchase or 14 |
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37 | 37 | | receive, or attempt to purchase or receive, any firearms while the protective order is in effect. The 15 |
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38 | 38 | | defendant shall surrender the firearms within twenty-four (24) hours of notice of the protective 16 |
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39 | 39 | | order to the Rhode Island state police or local police department or to a federally licensed firearms 17 |
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40 | 40 | | dealer. 18 |
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41 | 41 | | (i) A person ordered to surrender possession of any firearm(s) pursuant to this section shall, 19 |
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42 | 42 | | |
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43 | 43 | | |
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44 | 44 | | LC001487 - Page 2 of 11 |
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45 | 45 | | within seventy-two (72) hours after being served with the order, either: 1 |
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46 | 46 | | (A) File with the court a receipt showing the firearm(s) was physically surrendered to the 2 |
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47 | 47 | | Rhode Island state police or local police department, or to a federally licensed firearm dealer; or 3 |
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48 | 48 | | (B) Attest to the court that, at the time of the order, the person had no firearms in his or her 4 |
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49 | 49 | | immediate physical possession or control, or subject to his or her immediate physical possession or 5 |
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50 | 50 | | control, and that the person, at the time of the attestation, has no firearms in his or her immediate 6 |
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51 | 51 | | physical possession or control or subject to his or her immediate physical possession or control. 7 |
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52 | 52 | | (ii) If a person restrained under this section transfers a firearm(s) to a federally licensed 8 |
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53 | 53 | | firearms dealer pursuant to this section, the person restrained under this section may instruct the 9 |
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54 | 54 | | federally licensed firearms dealer to sell the firearm(s) or to transfer ownership in accordance with 10 |
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55 | 55 | | state and federal law, to a qualified named individual who is not a member of the person’s dwelling 11 |
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56 | 56 | | house, who is not related to the person by blood, marriage, or relationship as defined by § 15-15-12 |
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57 | 57 | | 1(7), and who is not prohibited from possessing firearms under state or federal law. The owner of 13 |
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58 | 58 | | any firearm(s) sold shall receive any financial value received from its sale, less the cost associated 14 |
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59 | 59 | | with taking possession of, storing, and transferring of the firearm(s). 15 |
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60 | 60 | | (iii) Every individual to whom possession of a firearm(s) is transferred pursuant to this 16 |
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61 | 61 | | subsection shall be prohibited from transferring or returning any firearm(s) to the person restrained 17 |
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62 | 62 | | under this section while the protective order remains in effect and shall be informed of this 18 |
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63 | 63 | | prohibition. Any knowing violation of this subsection is a felony that shall be punishable by a fine 19 |
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64 | 64 | | of not more than one thousand dollars ($1,000), or by imprisonment for a term of not less than one 20 |
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65 | 65 | | year and not more than five (5) years, or both. 21 |
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66 | 66 | | (iv) An individual to whom possession of a firearm(s) is transferred pursuant to this 22 |
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67 | 67 | | subsection shall return a firearm(s) to the person formerly restrained under this section only if the 23 |
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68 | 68 | | person formerly restrained under this section provides documentation issued by a court indicating 24 |
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69 | 69 | | that the restraining order issued pursuant to this section that prohibited the person from purchasing, 25 |
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70 | 70 | | carrying, transporting, or possessing firearms has expired and has not been extended. 26 |
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71 | 71 | | (b) After notice to the respondent and after a hearing, which shall be held within fifteen 27 |
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72 | 72 | | (15) days of surrendering said firearms, the court, in addition to any other restrictions, may, for any 28 |
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73 | 73 | | protective order issued or renewed on or after July 1, 2017, continue the order of surrender, and 29 |
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74 | 74 | | shall further order a person restrained under this section not to purchase or receive, or attempt to 30 |
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75 | 75 | | purchase or receive, any firearms while the protective order is in effect. 31 |
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76 | 76 | | (c) The district court shall provide a notice on all forms requesting a protective order that 32 |
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77 | 77 | | a person restrained under this section shall be ordered pursuant to § 11-47-5, to surrender 33 |
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78 | 78 | | possession or control of any firearms and not to purchase or receive, or attempt to purchase or 34 |
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79 | 79 | | |
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80 | 80 | | |
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81 | 81 | | LC001487 - Page 3 of 11 |
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82 | 82 | | receive, any firearms while the restraining order is in effect. The form shall further provide that any 1 |
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83 | 83 | | person who has surrendered their firearms shall be afforded a hearing within fifteen (15) days of 2 |
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84 | 84 | | surrendering their firearms. 3 |
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85 | 85 | | (d) Any firearm surrendered in accordance with this section to the Rhode Island state police 4 |
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86 | 86 | | or local police department shall be returned to the person formerly restrained under this section 5 |
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87 | 87 | | upon their request when: 6 |
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88 | 88 | | (1) The person formerly restrained under this section produces documentation issued by a 7 |
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89 | 89 | | court indicating that the restraining order issued pursuant to this section that prohibited the person 8 |
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90 | 90 | | from purchasing, carrying, transporting, or possessing firearms has expired and has not been 9 |
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91 | 91 | | extended; and 10 |
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92 | 92 | | (2) The law enforcement agency in possession of the firearms determines that the person 11 |
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93 | 93 | | formerly restrained under this section is not otherwise prohibited from possessing a firearm under 12 |
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94 | 94 | | state or federal law. 13 |
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95 | 95 | | (3) The person required to surrender his or her firearms pursuant to this section shall not 14 |
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96 | 96 | | be responsible for any costs of storage of any firearms surrendered pursuant to this section. 15 |
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97 | 97 | | (e) The Rhode Island state police are authorized to develop rules and procedures pertaining 16 |
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98 | 98 | | to the storage and return of firearms surrendered to the Rhode Island state police or local police 17 |
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99 | 99 | | departments pursuant to this section. The Rhode Island state police may consult with the Rhode 18 |
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100 | 100 | | Island Police Chiefs’ Association in developing rules and procedures. 19 |
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101 | 101 | | (f) Nothing in this section shall be construed to limit, expand, or in any way modify orders 20 |
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102 | 102 | | issued under § 12-29-4 or § 15-5-19. 21 |
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103 | 103 | | (g) Nothing in this section shall limit a defendant’s right under existing law to petition the 22 |
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104 | 104 | | court at a later date for modification of the order. 23 |
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105 | 105 | | (h) The court shall immediately notify the person suffering from domestic abuse whose 24 |
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106 | 106 | | complaint gave rise to the protective order and the law enforcement agency where the person 25 |
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107 | 107 | | restrained under this section resides of the hearing. 26 |
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108 | 108 | | (i) The person suffering from domestic abuse, local law enforcement, and the person 27 |
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109 | 109 | | restrained under this section shall all have an opportunity to be present and to testify when the court 28 |
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110 | 110 | | considers the petition. 29 |
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111 | 111 | | (j) At the hearing, the person restrained under this section shall have the burden of showing, 30 |
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112 | 112 | | by clear and convincing evidence, that, if his or her firearm rights were restored, he or she would 31 |
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113 | 113 | | not pose a danger to the person suffering from domestic abuse or to any other person. 32 |
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114 | 114 | | (1) In determining whether to restore a person’s firearm rights, the court shall examine all 33 |
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115 | 115 | | relevant evidence, including, but not limited to: the complaint seeking a protective order; the 34 |
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116 | 116 | | |
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117 | 117 | | |
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118 | 118 | | LC001487 - Page 4 of 11 |
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119 | 119 | | criminal record of the person restrained under this section; the mental health history of the person 1 |
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120 | 120 | | restrained under this section; any evidence that the person restrained under this section has, since 2 |
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121 | 121 | | being served with the order, engaged in violent or threatening behavior against the person suffering 3 |
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122 | 122 | | from domestic abuse or any other person. 4 |
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123 | 123 | | (2) If the court determines, after a review of all relevant evidence and after all parties have 5 |
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124 | 124 | | had an opportunity to be heard, that the person restrained under this section would not pose a danger 6 |
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125 | 125 | | to the person suffering from domestic abuse or to any other person if his or her firearm rights were 7 |
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126 | 126 | | restored, then the court may grant the petition and modify the protective order and lift the firearm 8 |
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127 | 127 | | prohibition. 9 |
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128 | 128 | | (3) If the court lifts a person’s firearms prohibition pursuant to this subsection, the court 10 |
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129 | 129 | | shall issue the person written notice that he or she is no longer prohibited under this section from 11 |
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130 | 130 | | purchasing or possessing firearms while the protective order is in effect. 12 |
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131 | 131 | | (k) The prohibition against possessing a firearm(s) due solely to the existence of a domestic 13 |
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132 | 132 | | violence restraining order issued under this section shall not apply with respect to sworn peace 14 |
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133 | 133 | | officers as defined in § 12-7-21 and active members of military service, including members of the 15 |
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134 | 134 | | reserve components thereof, who are required by law or departmental policy to carry departmental 16 |
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135 | 135 | | firearms while on duty or any person who is required by his or her employment to carry a firearm 17 |
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136 | 136 | | in the performance of his or her duties. Any individual exempted pursuant to this exception may 18 |
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137 | 137 | | possess a firearm only during the course of his or her employment. Any firearm required for 19 |
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138 | 138 | | employment must be stored at the place of employment when not being possessed for employment 20 |
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139 | 139 | | use; all other firearm(s) must be surrendered in accordance with this section. 21 |
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140 | 140 | | (l) Any violation of the aforementioned protective order shall subject the defendant to being 22 |
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141 | 141 | | found in contempt of court. 23 |
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142 | 142 | | (m) No order shall issue under this section that would have the effect of compelling a 24 |
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143 | 143 | | defendant who has the sole legal interest in a residence to vacate that residence. 25 |
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144 | 144 | | (n) The contempt order shall not be exclusive and shall not preclude any other available 26 |
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145 | 145 | | civil or criminal remedies. Any relief granted by the court shall be for a fixed period of time not to 27 |
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146 | 146 | | exceed three (3) years, at the expiration of which time the court may extend any order upon motion 28 |
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147 | 147 | | of the plaintiff for such additional time as it deems necessary to protect the plaintiff from abuse. 29 |
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148 | 148 | | The court may modify its order at any time upon motion of either party. 30 |
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149 | 149 | | (o) Any violation of a protective order under this chapter of which the defendant has actual 31 |
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150 | 150 | | notice shall be a misdemeanor that shall be punished by a fine of no more than one thousand dollars 32 |
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151 | 151 | | ($1,000) or by imprisonment for not more than one year, or both. The attorney general shall 33 |
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152 | 152 | | prosecute any violations of a protective order under this chapter. 34 |
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153 | 153 | | |
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154 | 154 | | |
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155 | 155 | | LC001487 - Page 5 of 11 |
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156 | 156 | | (p) The penalties for violation of this section shall also include the penalties provided under 1 |
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157 | 157 | | § 12-29-5. 2 |
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158 | 158 | | (q) “Actual notice” means that the defendant has received a copy of the order by service 3 |
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159 | 159 | | thereof or by being handed a copy of the order by a police officer pursuant to § 8-8.1-5(d). 4 |
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160 | 160 | | (r) The district court shall have criminal jurisdiction over all violations of this chapter. 5 |
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161 | 161 | | SECTION 2. Section 12-29-4 of the General Laws in Chapter 12-29 entitled "Domestic 6 |
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162 | 162 | | Violence Prevention Act" is hereby amended to read as follows: 7 |
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163 | 163 | | 12-29-4. Restrictions upon and duties of court. 8 |
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164 | 164 | | (a)(1) Because of the likelihood of repeated violence directed at those who have been 9 |
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165 | 165 | | victims of domestic violence in the past, when a person is charged with or arrested for a crime 10 |
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166 | 166 | | involving domestic violence, that person may not be released from custody on bail or personal 11 |
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167 | 167 | | recognizance before arraignment without first appearing before the court or bail commissioner. The 12 |
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168 | 168 | | court or bail commissioner authorizing release shall issue a no-contact order prohibiting the person 13 |
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169 | 169 | | charged or arrested from having contact with the victim. 14 |
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170 | 170 | | (2) At the time of arraignment or bail hearing the court or bail commissioner shall 15 |
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171 | 171 | | determine whether a no-contact order shall be issued or extended. 16 |
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172 | 172 | | (3) Willful violation of a court order issued under subdivision (1), (2), or as part of 17 |
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173 | 173 | | disposition of this subdivision of this subsection is a misdemeanor and shall be prosecuted by the 18 |
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174 | 174 | | attorney general. The written order releasing the person charged or the written order issued at the 19 |
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175 | 175 | | time of disposition shall contain the court’s directive and shall bear the legend: “Violation of this 20 |
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176 | 176 | | order is a criminal offense under this section and will subject a violator to arrest”. A copy of the 21 |
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177 | 177 | | order shall be provided to the victim. 22 |
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178 | 178 | | (4) Whenever an order prohibiting contact is issued, modified, or terminated under 23 |
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179 | 179 | | subdivision (1), (2) or (3) of this subsection, the clerk of the court shall forward a copy of the order 24 |
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180 | 180 | | on or before the next judicial day to the appropriate law enforcement agency specified in the order. 25 |
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181 | 181 | | (b) Because of the serious nature of domestic violence, the court in domestic violence 26 |
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182 | 182 | | actions: 27 |
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183 | 183 | | (1) Shall not dismiss any charge or delay disposition because of concurrent dissolution of 28 |
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184 | 184 | | marriage or other civil proceedings; 29 |
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185 | 185 | | (2) Shall not require proof that either party is seeking a dissolution of marriage prior to 30 |
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186 | 186 | | instigation of criminal proceedings; 31 |
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187 | 187 | | (3) Shall identify by reasonable means on docket sheets those criminal actions arising from 32 |
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188 | 188 | | acts of domestic violence; and 33 |
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189 | 189 | | (4) Shall make clear to the defendant and victim that the prosecution of the domestic 34 |
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190 | 190 | | |
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191 | 191 | | |
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192 | 192 | | LC001487 - Page 6 of 11 |
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193 | 193 | | violence action is determined by the prosecutor attorney general and not the victim. 1 |
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194 | 194 | | (c) To facilitate compliance with the provisions of this section, the district court shall assure 2 |
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195 | 195 | | that the misdemeanor and felony complaint forms indicate whether the crime charged involves 3 |
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196 | 196 | | domestic violence and, if so, the relationship of the victim and defendant. 4 |
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197 | 197 | | (d) Notwithstanding the provisions of section 12-10-12, the filing of any complaint for a 5 |
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198 | 198 | | crime involving domestic violence shall be conditioned upon the defendant keeping the peace and 6 |
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199 | 199 | | being of good behavior for a period of three (3) years. In the event a particular case involving 7 |
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200 | 200 | | domestic violence is filed on a plea of not guilty, guilty or nolo contendere pursuant to section 12-8 |
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201 | 201 | | 10-12, the court having jurisdiction shall retain the records of the case for a period of three (3) years 9 |
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202 | 202 | | from the date of the filing. These records shall not be expunged, sealed, or otherwise destroyed for 10 |
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203 | 203 | | a period of three (3) years from the date of filing. Furthermore, the destruction or sealing of records 11 |
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204 | 204 | | in the possession of the department of attorney general bureau of criminal identification, the 12 |
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205 | 205 | | superintendent of the state police, or the police departments of any city or town after a filing related 13 |
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206 | 206 | | to a crime involving domestic violence shall be governed by section 12-1-12. 14 |
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207 | 207 | | SECTION 3. Section 15-15-3 of the General Laws in Chapter 15-15 entitled "Domestic 15 |
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208 | 208 | | Abuse Prevention" is hereby amended to read as follows: 16 |
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209 | 209 | | 15-15-3. Protective orders — Penalty — Jurisdiction. 17 |
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210 | 210 | | (a) A person, or a parent, custodian, or legal guardian on behalf of a minor child or the 18 |
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211 | 211 | | director of the department of children, youth and families (“DCYF”) or its designee for a child in 19 |
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212 | 212 | | the custody of DCYF, pursuant to §§ 40-11-7 and 40-11-7.1, suffering from domestic abuse or 20 |
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213 | 213 | | sexual exploitation as defined in § 15-15-1, may file a complaint in the family court requesting any 21 |
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214 | 214 | | order that will protect and support her or him from abuse or sexual exploitation, including, but not 22 |
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215 | 215 | | limited to, the following: 23 |
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216 | 216 | | (1) Ordering that the defendant be restrained and enjoined from contacting, assaulting, 24 |
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217 | 217 | | molesting, sexually exploiting, or interfering with the plaintiff at home, on the street, or elsewhere, 25 |
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218 | 218 | | whether the defendant is an adult or a minor; 26 |
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219 | 219 | | (2) Ordering the defendant to vacate the household immediately, and further providing in 27 |
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220 | 220 | | the order for the safety and welfare of all household animals and pets; 28 |
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221 | 221 | | (3) Awarding the plaintiff custody of the minor children of the parties, if any; 29 |
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222 | 222 | | (4) Ordering the defendant to surrender physical possession of all firearms in his or her 30 |
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223 | 223 | | possession, care, custody, or control and shall further order a person restrained not to purchase or 31 |
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224 | 224 | | receive, or attempt to purchase or receive, any firearms while the protective order is in effect. The 32 |
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225 | 225 | | defendant shall surrender said firearms within twenty-four (24) hours of notice of the protective 33 |
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226 | 226 | | order to the Rhode Island state police or local police department or to a federally licensed firearms 34 |
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227 | 227 | | |
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228 | 228 | | |
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229 | 229 | | LC001487 - Page 7 of 11 |
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230 | 230 | | dealer. 1 |
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231 | 231 | | (i) A person ordered to surrender possession of any firearm(s) pursuant to this section shall, 2 |
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232 | 232 | | within seventy-two (72) hours after being served with the order, either: 3 |
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233 | 233 | | (A) File with the court a receipt showing the firearm(s) was physically surrendered to the 4 |
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234 | 234 | | Rhode Island state police or local police department, or to a federally licensed firearms dealer; or 5 |
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235 | 235 | | (B) Attest to the court that, at the time of the order, the person had no firearms in his or her 6 |
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236 | 236 | | immediate physical possession or control, or subject to their immediate physical possession or 7 |
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237 | 237 | | control, and that the person, at the time of the attestation, has no firearms in their immediate 8 |
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238 | 238 | | physical possession or control, or subject to their immediate physical possession or control. 9 |
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239 | 239 | | (ii) If a person restrained under this section transfers a firearm(s) to a federally licensed 10 |
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240 | 240 | | firearms dealer pursuant to this section, the person restrained under this section may instruct the 11 |
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241 | 241 | | federally licensed firearms dealer to sell the firearm(s) or to transfer ownership, in accordance with 12 |
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242 | 242 | | state and federal law, to a qualified named individual who is not a member of the person’s dwelling 13 |
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243 | 243 | | house, who is not related to the person by blood, marriage, or relationship as defined by § 15-15-14 |
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244 | 244 | | 1(7), and who is not prohibited from possessing firearms under state or federal law. The owner of 15 |
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245 | 245 | | any firearm(s) sold shall receive any financial value received from its sale, less the cost associated 16 |
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246 | 246 | | with taking possession of, storing, and transferring of the firearm(s). 17 |
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247 | 247 | | (iii) Every individual to whom ownership of a firearm(s) is transferred pursuant to this 18 |
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248 | 248 | | subsection shall be prohibited from transferring or returning any firearm(s) to the person restrained 19 |
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249 | 249 | | under this section while the protective order remains in effect and shall be informed of this 20 |
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250 | 250 | | prohibition, Any knowing violation of this subsection is a felony that shall be punishable by a fine 21 |
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251 | 251 | | of not more than one thousand dollars ($1,000), or by imprisonment for a term of not less than one 22 |
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252 | 252 | | year and not more than five (5) years, or both. 23 |
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253 | 253 | | (iv) An individual to whom ownership of a firearm(s) is transferred pursuant to this 24 |
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254 | 254 | | subsection shall return a firearm(s) to the person formerly restrained under this section only if the 25 |
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255 | 255 | | person formerly restrained under this section provides documentation issued by a court indicating 26 |
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256 | 256 | | that the restraining order issued pursuant to this section that prohibited the person from purchasing, 27 |
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257 | 257 | | carrying, transporting, or possessing firearms has expired and has not been extended; 28 |
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258 | 258 | | (5) After notice to the respondent and a hearing, ordering either party to make payments 29 |
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259 | 259 | | for the support of a minor child or children of the parties as required by law for a period not to 30 |
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260 | 260 | | exceed ninety (90) days, unless the child support order is for a child or children receiving public 31 |
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261 | 261 | | assistance pursuant to chapter 5.1 of title 40. In these cases, legal counsel for the division of 32 |
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262 | 262 | | taxation, child support enforcement, shall be notified as a party in interest to appear for the purpose 33 |
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263 | 263 | | of establishing a child support order under a new or existing docket number previously assigned to 34 |
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264 | 264 | | |
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265 | 265 | | |
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266 | 266 | | LC001487 - Page 8 of 11 |
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267 | 267 | | the parties and not under the protective docket number. The child support order shall remain in 1 |
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268 | 268 | | effect until the court modifies or suspends the order. 2 |
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269 | 269 | | (b) After notice to the respondent and a hearing, which shall be held within fifteen (15) 3 |
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270 | 270 | | days of surrendering said firearms, the court, in addition to any other restrictions, may, for any 4 |
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271 | 271 | | protective order issued after or renewed on or after July 1, 2017, continue the order of surrender, 5 |
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272 | 272 | | and shall further order a person restrained under this section not to purchase or receive, or attempt 6 |
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273 | 273 | | to purchase or receive, any firearms while the protective order is in effect. 7 |
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274 | 274 | | (c) The family court shall provide a notice on all forms requesting a protective order that a 8 |
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275 | 275 | | person restrained under this section shall be ordered pursuant to § 11-47-5 to surrender possession 9 |
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276 | 276 | | of any firearms while the protective order is in effect. The form shall further provide that any person 10 |
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277 | 277 | | who has surrendered his or her firearms shall be afforded a hearing within fifteen (15) days of 11 |
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278 | 278 | | surrendering his or her firearms. 12 |
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279 | 279 | | (d) Any firearm surrendered in accordance with this section to the Rhode Island state police 13 |
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280 | 280 | | or local police department shall be returned to the person formerly restrained under this section 14 |
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281 | 281 | | upon his or her request when: 15 |
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282 | 282 | | (1) The person formerly restrained under this section produces documentation issued by a 16 |
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283 | 283 | | court indicating that the restraining order issued pursuant to this section that prohibited the person 17 |
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284 | 284 | | from purchasing, carrying, transporting, or possessing firearms has expired and has not been 18 |
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285 | 285 | | extended; and 19 |
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286 | 286 | | (2) The law enforcement agency in possession of the firearms determined that the person 20 |
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287 | 287 | | formerly restrained under this section is not otherwise prohibited from possessing a firearm under 21 |
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288 | 288 | | state or federal law. 22 |
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289 | 289 | | (3) The person required to surrender their firearms pursuant to this section shall not be 23 |
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290 | 290 | | responsible for any costs of storage of any firearms surrendered pursuant to this section. 24 |
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291 | 291 | | (e) The Rhode Island state police are authorized to develop rules and procedures pertaining 25 |
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292 | 292 | | to the storage and return of firearms surrendered to the Rhode Island state police or local police 26 |
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293 | 293 | | departments pursuant to this section. The Rhode Island state police may consult with the Rhode 27 |
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294 | 294 | | Island Police Chiefs’ Association in developing rules and procedures. 28 |
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295 | 295 | | (f) Nothing in this section shall be construed to limit, expand, or in any way modify orders 29 |
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296 | 296 | | issued under § 12-29-7 or § 15-5-19. 30 |
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297 | 297 | | (g) Nothing in this section shall limit a defendant’s right under existing law to petition the 31 |
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298 | 298 | | court at a later date for modification of the order. 32 |
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299 | 299 | | (h) The court shall immediately notify the person suffering from domestic abuse whose 33 |
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300 | 300 | | complaint gave rise to the protective order, and the law enforcement agency where the person 34 |
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301 | 301 | | |
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302 | 302 | | |
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303 | 303 | | LC001487 - Page 9 of 11 |
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304 | 304 | | restrained under this section resides, of the hearing. 1 |
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305 | 305 | | (i) The person suffering from domestic abuse, local law enforcement, and the person 2 |
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306 | 306 | | restrained under this section shall all have an opportunity to be present and to testify when the court 3 |
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307 | 307 | | considers the petition. 4 |
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308 | 308 | | (j) At the hearing, the person restrained under this section shall have the burden of showing, 5 |
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309 | 309 | | by clear and convincing evidence, that, if his or her firearm rights were restored, he or she would 6 |
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310 | 310 | | not pose a danger to the person suffering from domestic abuse or to any other person. 7 |
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311 | 311 | | (1) In determining whether to restore a person’s firearm rights, the court shall examine all 8 |
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312 | 312 | | relevant evidence, including, but not limited to: the complaint seeking a protective order; the 9 |
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313 | 313 | | criminal record of the person restrained under this section; the mental health history of the person 10 |
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314 | 314 | | restrained under this section; any evidence that the person restrained under this section has, since 11 |
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315 | 315 | | being served with the order, engaged in violent or threatening behavior against the person suffering 12 |
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316 | 316 | | from domestic abuse or any other person. 13 |
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317 | 317 | | (2) If the court determines, after a review of all relevant evidence and after all parties have 14 |
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318 | 318 | | had an opportunity to be heard, that the person restrained under this section would not pose a danger 15 |
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319 | 319 | | to the person suffering from domestic abuse or to any other person if his or her firearm rights were 16 |
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320 | 320 | | restored, then the court may grant the petition and modify the protective order and lift the firearm 17 |
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321 | 321 | | prohibition. 18 |
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322 | 322 | | (3) If the court lifts a person’s firearms prohibition pursuant to this subsection, the court 19 |
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323 | 323 | | shall issue the person written notice that he or she is no longer prohibited under this section from 20 |
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324 | 324 | | purchasing or possessing firearms while the protective order is in effect. 21 |
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325 | 325 | | (k) The prohibition against possessing a firearm(s) due solely to the existence of a domestic 22 |
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326 | 326 | | violence restraining order issued under this section shall not apply with respect to sworn peace 23 |
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327 | 327 | | officers as defined in § 12-7-21 and active members of military service, including members of the 24 |
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328 | 328 | | reserve components thereof, who are required by law or departmental policy to carry departmental 25 |
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329 | 329 | | firearms while on duty or any person who is required by his or her employment to carry a firearm 26 |
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330 | 330 | | in the performance of his or her duties. Any individual exempted pursuant to this exception may 27 |
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331 | 331 | | possess a firearm only during the course of his or her employment. Any firearm required for 28 |
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332 | 332 | | employment must be stored at the place of employment when not being possessed for employment 29 |
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333 | 333 | | use; all other firearm(s) must be surrendered in accordance with this section. 30 |
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334 | 334 | | (l) Upon motion by the plaintiff, his or her address shall be released only at the discretion 31 |
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335 | 335 | | of the family court judge. 32 |
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336 | 336 | | (m)(1) Any violation of the protective orders in subsection (a) of this section shall subject 33 |
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337 | 337 | | the defendant to being found in contempt of court. 34 |
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338 | 338 | | |
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339 | 339 | | |
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340 | 340 | | LC001487 - Page 10 of 11 |
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341 | 341 | | (2) The contempt order shall not be exclusive and shall not preclude any other available 1 |
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342 | 342 | | civil or criminal remedies. Any relief granted by the court shall be for a fixed period of time not to 2 |
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343 | 343 | | exceed three (3) years, at the expiration of which time the court may extend any order, upon motion 3 |
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344 | 344 | | of the plaintiff, for any additional time, that it deems necessary to protect the plaintiff from abuse. 4 |
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345 | 345 | | The court may modify its order at any time upon motion of either party. 5 |
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346 | 346 | | (n)(1) Any violation of a protective order under this chapter of which the defendant has 6 |
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347 | 347 | | actual notice shall be a misdemeanor that shall be punished by a fine of no more than one thousand 7 |
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348 | 348 | | dollars ($1,000) or by imprisonment for not more than one year, or both. The attorney general shall 8 |
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349 | 349 | | prosecute any violations of a protective order under this chapter. 9 |
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350 | 350 | | (2) The penalties for violation of this section shall also include the penalties as provided 10 |
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351 | 351 | | by § 12-29-5. 11 |
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352 | 352 | | (o) Actual notice means that the defendant has received a copy of the order by service or 12 |
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353 | 353 | | by being handed a copy of the order by a police officer pursuant to § 15-15-5(d). 13 |
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354 | 354 | | (p)(1) The district court shall have criminal jurisdiction over all adult violations of this 14 |
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355 | 355 | | chapter. 15 |
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356 | 356 | | (2) The family court shall have jurisdiction over all juvenile violations of this chapter. 16 |
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357 | 357 | | SECTION 4. Section 42-9-4 of the General Laws in Chapter 42-9 entitled "Department of 17 |
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358 | 358 | | Attorney General" is hereby amended to read as follows: 18 |
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359 | 359 | | 42-9-4. Prosecution of offenses. 19 |
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360 | 360 | | (a) The attorney general shall draw and present all informations and indictments, or other 20 |
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361 | 361 | | legal or equitable process, against any offenders, as by law required, and diligently, by a due course 21 |
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362 | 362 | | of law or equity, prosecute them to final judgment and execution. 22 |
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363 | 363 | | (b) The duty of the attorney general under this section shall include the duty to prosecute 23 |
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364 | 364 | | all charges of violations of §§ 31-27-2.1, 31-27-2.3, and/or 31-27-2.5, jurisdiction over the 24 |
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365 | 365 | | adjudication of which is conferred upon the traffic tribunal under chapter 41.1 of title 31. 25 |
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366 | 366 | | (c) The duty of the attorney general under this section shall include the duty to prosecute 26 |
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367 | 367 | | all charges of violations of §§ 8-8.1-3, 12-29-4 and/or 15-15-13. 27 |
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368 | 368 | | SECTION 5. This act shall take effect upon passage. 28 |
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369 | 369 | | ======== |
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370 | 370 | | LC001487 |
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371 | 371 | | ======== |
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372 | 372 | | |
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373 | 373 | | |
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374 | 374 | | LC001487 - Page 11 of 11 |
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375 | 375 | | EXPLANATION |
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376 | 376 | | BY THE LEGISLATIVE COUNCIL |
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377 | 377 | | OF |
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378 | 378 | | A N A C T |
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379 | 379 | | RELATING TO COURTS AND CIVIL PROCEDURE-- COURTS -- DOMESTIC ASSAULT |
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380 | 380 | | *** |
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381 | 381 | | This act would provide the office of attorney general with the authority to prosecute any 1 |
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382 | 382 | | violation of a protective order. 2 |
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383 | 383 | | This act would take effect upon passage. 3 |
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384 | 384 | | ======== |
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385 | 385 | | LC001487 |
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386 | 386 | | ======== |
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