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