Rhode Island 2023 Regular Session

Rhode Island House Bill H5917 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- H 5917
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7	7	LC001442
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
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14	14	A N A C T
15	15	RELATING TO DOMESTIC RELATIONS -- THE ROURKE ACT
16	16	Introduced By: Representatives Henries, Sanchez, Felix, Morales, Stewart, and Alzate
17	17	Date Introduced: March 01, 2023
18	18	Referred To: House Judiciary
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21	21	It is enacted by the General Assembly as follows:
22	22	SECTION 1. Title 15 of the General Laws entitled "DOMESTIC RELATIONS" is hereby 1
23	23	amended by adding thereto the following chapter: 2
24	24	CHAPTER 31 3
25	25	THE ROURKE ACT 4
26	26	15-31-1. Short title. 5
27	27	This chapter shall be known and may be cited as “The Rourke Act”. 6
28	28	15-31-2. Legislative findings. 7
29	29	(1) Domestic assault survivors deserve housing, culturally-sensitive support, and human 8
30	30	dignity. 9
31	31	(2) There are excellent nonprofit organizations in Rhode Island that provide critical 10
32	32	supportive services for domestic assault survivors, but these organizations are generally 11
33	33	overwhelmed and under-resourced. 12
34	34	(3) Our state government has a moral obligation to expand support for domestic assault 13
35	35	survivors and to expand funding for nonprofit organizations supporting survivors. 14
36	36	(4) Domestic assault perpetrators should have to stay at least one hundred feet (100’) away 15
37	37	from the survivor’s home and from the survivor’s child’s school. 16
38	38	(5) Domestic assault perpetrators should not be permitted to own, possess, or carry 17
39	39	firearms. 18
40	40	(6) Domestic assault survivors should not have to file a police report to participate in the 19
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43	43	LC001442 - Page 2 of 4
44	44	crime victim compensation program. 1
45	45	15-31-3. Definitions. 2
46	46	For purposes of this chapter, the following terms shall have the following meanings: 3
47	47	(1) “Nonprofit supportive services organization” means an organization, with a certified 4
48	48	501(c)(3) IRS status, that provides culturally-sensitive services to survivors of domestic violence, 5
49	49	sexual assault, or human trafficking. These services may include providing emergency shelter to 6
50	50	survivors, helping survivors find new permanent housing, providing survivors with mental and 7
51	51	emotional health support, and helping survivors’ children find safe schools to attend. 8
52	52	(2) “Survivor support fund” means the restrictive funds account, established in § 15-31-4, 9
53	53	designed to disburse grants to nonprofit supportive services organizations. 10
54	54	15-31-4. Survivor support fund established. 11
55	55	The Rhode Island department of human services shall establish a restricted receipt account 12
56	56	which shall be known as the survivor support fund. 13
57	57	15-31-5. Survivor support fund capitalization. 14
58	58	The survivor support fund shall be initially capitalized with a five million dollar 15
59	59	($5,000,000) appropriation from the general assembly and an annual appropriation of not less than 16
60	60	five million dollars ($5,000,000) thereafter. 17
61	61	15-31-6. Police report requirement revoked. 18
62	62	The crime victim compensation program shall no longer require applicants to file a police 19
63	63	report. 20
64	64	15-31-7. Survivor protection monitoring. 21
65	65	(a) Every person who has been convicted of domestic assault shall be prohibited from being 22
66	66	within one hundred feet (100’) of the domestic assault survivor’s residence or the domestic assault 23
67	67	survivor’s child’s school. 24
68	68	(b) In order to enforce this requirement, every person who has been convicted of domestic 25
69	69	assault shall be required to wear an ankle bracelet, the sole purpose of which is to transmit their 26
70	70	location to ensure that they do not violate subsection (a) of this section. The individual’s location 27
71	71	data may not be used for any other purpose other than to ensure that they remain more than one 28
72	72	hundred feet (100’) away from the domestic assault survivor’s residence and, if applicable, the 29
73	73	domestic assault survivor’s child’s school. The location data shall be monitored exclusively by the 30
74	74	department of human services. 31
75	75	(c) The department of human services shall develop tracking and monitoring systems to 32
76	76	ensure compliance with subsections (a) and (b) of this section. 33
77	77	15-31-8. Domestic assault perpetrator weapon confiscation. 34
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81	81	Individuals who have been convicted of domestic violence, as defined in § 12-29-2, are not 1
82	82	permitted to own, possess, or carry firearms in the State of Rhode Island. 2
83	83	SECTION 2. This act shall take effect upon passage. 3
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90	90	EXPLANATION
91	91	BY THE LEGISLATIVE COUNCIL
92	92	OF
93	93	A N A C T
94	94	RELATING TO DOMESTIC RELATIONS -- THE ROURKE ACT
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96	96	This act would establish The Rourke Act which creates a survivor support fund with an 1
97	97	annual appropriation of not less than five million dollars ($5,000,000) for the survivors of domestic 2
98	98	assault, and prohibits any individual convicted of domestic assault from being within one hundred 3
99	99	feet (100’) of the domestic assaults survivor’s residence, or if applicable, the survivor’s child’s 4
100	100	school. This act would further declare that individuals who have been convicted of domestic 5
101	101	violence are not permitted to own, possess or carry firearms. 6
102	102	This act would take effect upon passage. 7
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