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| 4 | 4 | | |
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| 5 | 5 | | 2025 -- H 5125 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC000107 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2025 |
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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 DOMESTIC RELATIONS -- DOMESTIC ABUSE PREVE NTION |
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| 16 | 16 | | Introduced By: Representatives J. Lombardi, Hull, Ajello, Stewart, and Felix |
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| 17 | 17 | | Date Introduced: January 22, 2025 |
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| 18 | 18 | | Referred To: House Judiciary |
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| 19 | 19 | | |
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| 20 | 20 | | |
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| 21 | 21 | | It is enacted by the General Assembly as follows: |
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| 22 | 22 | | SECTION 1. Sections 15-15-1 and 15-15-3 of the General Laws in Chapter 15-15 entitled 1 |
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| 23 | 23 | | "Domestic Abuse Prevention" are hereby amended to read as follows: 2 |
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| 24 | 24 | | 15-15-1. Definitions. 3 |
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| 25 | 25 | | The following words as used in this chapter have the following meanings: 4 |
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| 26 | 26 | | (1) “Course of conduct” means a pattern of conduct composed of a series of acts over a 5 |
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| 27 | 27 | | period of time, evidencing a continuity of purpose. Constitutionally protected activity is not 6 |
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| 28 | 28 | | included within the meaning of “course of conduct.” 7 |
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| 29 | 29 | | (2) “Courts” means the family court. 8 |
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| 30 | 30 | | (3) “Cyberstalking” means transmitting any communication by computer to any person or 9 |
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| 31 | 31 | | causing any person to be contacted for the sole purpose of harassing that person or his or her family. 10 |
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| 32 | 32 | | (4) “Domestic abuse” means: 11 |
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| 33 | 33 | | The occurrence of one or more of the following acts between present or former family 12 |
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| 34 | 34 | | members, parents, stepparents, a plaintiff parent’s minor child(ren) to which the defendant is not a 13 |
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| 35 | 35 | | blood relative or relative by marriage, adult plaintiffs who are or have been in a substantive dating 14 |
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| 36 | 36 | | or engagement relationship within the past one year and who are (either individually or together) 15 |
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| 37 | 37 | | parents of minor children, or persons who are or have been in a substantive dating or engagement 16 |
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| 38 | 38 | | relationship within the past one year in which at least one of the persons is a minor: 17 |
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| 39 | 39 | | (i) Attempting to cause or causing physical harm; 18 |
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| 40 | 40 | | (ii) Placing another in fear of imminent serious physical harm; 19 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | LC000107 - Page 2 of 8 |
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| 44 | 44 | | (iii) Causing another to engage involuntarily in sexual relations by force, threat of force, or 1 |
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| 45 | 45 | | duress; or 2 |
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| 46 | 46 | | (iv) Stalking or cyberstalking. 3 |
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| 47 | 47 | | (5) “Harassing” means following a knowing and willful course of conduct directed at a 4 |
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| 48 | 48 | | specific person with the intent to seriously alarm, annoy, or bother the person, and which serves no 5 |
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| 49 | 49 | | legitimate purpose. The course of conduct must be such as would cause a reasonable person to 6 |
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| 50 | 50 | | suffer substantial emotional distress, or be in fear of bodily injury. 7 |
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| 51 | 51 | | (6) "Household pet" means a domesticated or tamed animal kept for companionship or 8 |
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| 52 | 52 | | pleasure. 9 |
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| 53 | 53 | | (6)(7) “Parents” mean persons who together are the legal parents of one or more children, 10 |
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| 54 | 54 | | regardless of their marital status or whether they have lived together at any time. 11 |
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| 55 | 55 | | (7)(8) “Present or former family member” means the spouse, former spouse, minor 12 |
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| 56 | 56 | | children, stepchildren, a plaintiff parent’s minor child(ren) to which the defendant is not a blood 13 |
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| 57 | 57 | | relative or relative by marriage, minor children of substantive dating partners, or persons who are 14 |
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| 58 | 58 | | related by blood or marriage. 15 |
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| 59 | 59 | | (8)(9) “Sexual exploitation” means the occurrence of any of the following acts by any 16 |
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| 60 | 60 | | person who knowingly or willfully encourages, aids, or coerces any child under the age of eighteen 17 |
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| 61 | 61 | | (18) years: 18 |
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| 62 | 62 | | (i) Recruiting, employing, enticing, soliciting, isolating, harboring, transporting, providing, 19 |
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| 63 | 63 | | persuading, obtaining, or maintaining, or so attempting, any minor for the purposes of commercial 20 |
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| 64 | 64 | | sex acts or sexually explicit performances; or selling or purchasing a minor for the purposes of 21 |
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| 65 | 65 | | commercial sex acts. 22 |
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| 66 | 66 | | (A) “Commercial sex act” means any sex act or sexually explicit performance on account 23 |
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| 67 | 67 | | of which anything of value is given, promised to, or received, directly or indirectly, by any person. 24 |
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| 68 | 68 | | (B) “Sexually explicit performance” means an act or show, intended to arouse, satisfy the 25 |
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| 69 | 69 | | sexual desires of, or appeal to the prurient interests of patrons or viewers, whether public or private, 26 |
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| 70 | 70 | | live, photographed, recorded, or videotaped. 27 |
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| 71 | 71 | | (9)(10) “Stalking” means harassing another person or willfully, maliciously, and repeatedly 28 |
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| 72 | 72 | | following another person with the intent to place that person in reasonable fear of bodily injury. 29 |
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| 73 | 73 | | (10)(11) “Substantive dating” or “engagement relationship” means a significant and 30 |
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| 74 | 74 | | personal/intimate relationship that shall be adjudged by the court’s consideration of the following 31 |
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| 75 | 75 | | factors: 32 |
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| 76 | 76 | | (i) The length of time of the relationship; 33 |
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| 77 | 77 | | (ii) The type of relationship; and 34 |
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| 78 | 78 | | |
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| 79 | 79 | | |
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| 80 | 80 | | LC000107 - Page 3 of 8 |
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| 81 | 81 | | (iii) The frequency of interaction between the parties. 1 |
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| 82 | 82 | | 15-15-3. Protective orders — Penalty — Jurisdiction. 2 |
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| 83 | 83 | | (a) A person, or a parent, custodian, or legal guardian on behalf of a minor child or the 3 |
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| 84 | 84 | | director of the department of children, youth and families (“DCYF”) or its designee for a child in 4 |
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| 85 | 85 | | the custody of DCYF, pursuant to §§ 40-11-7 and 40-11-7.1, suffering from domestic abuse or 5 |
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| 86 | 86 | | sexual exploitation as defined in § 15-15-1, may file a complaint in the family court requesting any 6 |
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| 87 | 87 | | order that will protect and support her or him from abuse or sexual exploitation, including, but not 7 |
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| 88 | 88 | | limited to, the following: 8 |
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| 89 | 89 | | (1) Ordering that the defendant be restrained and enjoined from contacting, assaulting, 9 |
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| 90 | 90 | | molesting, sexually exploiting, or interfering with the plaintiff at home, on the street, or elsewhere, 10 |
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| 91 | 91 | | whether the defendant is an adult or a minor; 11 |
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| 92 | 92 | | (2) Ordering the defendant to vacate the household immediately, and further providing in 12 |
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| 93 | 93 | | the order for the safety and welfare of all household animals and pets; 13 |
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| 94 | 94 | | (3) Awarding the plaintiff custody of the minor children of the parties, if any; 14 |
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| 95 | 95 | | (4) Awarding the plaintiff custody of the household pet(s), if any, including the 15 |
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| 96 | 96 | | enforcement remedy of a restraining order or other injunctive relief if necessary; 16 |
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| 97 | 97 | | (4)(5) Ordering the defendant to surrender physical possession of all firearms in his or her 17 |
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| 98 | 98 | | possession, care, custody, or control and shall further order a person restrained not to purchase or 18 |
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| 99 | 99 | | receive, or attempt to purchase or receive, any firearms while the protective order is in effect. The 19 |
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| 100 | 100 | | defendant shall surrender said firearms within twenty-four (24) hours of notice of the protective 20 |
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| 101 | 101 | | order to the Rhode Island state police or local police department or to a federally licensed firearms 21 |
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| 102 | 102 | | dealer. 22 |
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| 103 | 103 | | (i) A person ordered to surrender possession of any firearm(s) pursuant to this section shall, 23 |
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| 104 | 104 | | within seventy-two (72) hours after being served with the order, either: 24 |
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| 105 | 105 | | (A) File with the court a receipt showing the firearm(s) was physically surrendered to the 25 |
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| 106 | 106 | | Rhode Island state police or local police department, or to a federally licensed firearms dealer; or 26 |
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| 107 | 107 | | (B) Attest to the court that, at the time of the order, the person had no firearms in his or her 27 |
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| 108 | 108 | | immediate physical possession or control, or subject to their immediate physical possession or 28 |
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| 109 | 109 | | control, and that the person, at the time of the attestation, has no firearms in their immediate 29 |
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| 110 | 110 | | physical possession or control, or subject to their immediate physical possession or control. 30 |
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| 111 | 111 | | (ii) If a person restrained under this section transfers a firearm(s) to a federally licensed 31 |
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| 112 | 112 | | firearms dealer pursuant to this section, the person restrained under this section may instruct the 32 |
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| 113 | 113 | | federally licensed firearms dealer to sell the firearm(s) or to transfer ownership, in accordance with 33 |
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| 114 | 114 | | state and federal law, to a qualified named individual who is not a member of the person’s dwelling 34 |
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| 115 | 115 | | |
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| 116 | 116 | | |
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| 117 | 117 | | LC000107 - Page 4 of 8 |
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| 118 | 118 | | house, who is not related to the person by blood, marriage, or relationship as defined by § 15-15-1 |
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| 119 | 119 | | 1(7) § 15-15-1, and who is not prohibited from possessing firearms under state or federal law. The 2 |
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| 120 | 120 | | owner of any firearm(s) sold shall receive any financial value received from its sale, less the cost 3 |
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| 121 | 121 | | associated with taking possession of, storing, and transferring of the firearm(s). 4 |
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| 122 | 122 | | (iii) Every individual to whom ownership of a firearm(s) is transferred pursuant to this 5 |
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| 123 | 123 | | subsection shall be prohibited from transferring or returning any firearm(s) to the person restrained 6 |
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| 124 | 124 | | under this section while the protective order remains in effect and shall be informed of this 7 |
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| 125 | 125 | | prohibition, Any knowing violation of this subsection is a felony that shall be punishable by a fine 8 |
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| 126 | 126 | | of not more than one thousand dollars ($1,000), or by imprisonment for a term of not less than one 9 |
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| 127 | 127 | | year and not more than five (5) years, or both. 10 |
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| 128 | 128 | | (iv) An individual to whom ownership of a firearm(s) is transferred pursuant to this 11 |
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| 129 | 129 | | subsection shall return a firearm(s) to the person formerly restrained under this section only if the 12 |
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| 130 | 130 | | person formerly restrained under this section provides documentation issued by a court indicating 13 |
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| 131 | 131 | | that the restraining order issued pursuant to this section that prohibited the person from purchasing, 14 |
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| 132 | 132 | | carrying, transporting, or possessing firearms has expired and has not been extended; and 15 |
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| 133 | 133 | | (5)(6) After notice to the respondent and a hearing, ordering either party to make payments 16 |
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| 134 | 134 | | for the support of a minor child or children of the parties as required by law for a period not to 17 |
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| 135 | 135 | | exceed ninety (90) days, unless the child support order is for a child or children receiving public 18 |
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| 136 | 136 | | assistance pursuant to chapter 5.1 of title 40 [repealed]. In these cases, legal counsel for the division 19 |
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| 137 | 137 | | of taxation, child support enforcement, shall be notified as a party in interest to appear for the 20 |
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| 138 | 138 | | purpose of establishing a child support order under a new or existing docket number previously 21 |
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| 139 | 139 | | assigned to the parties and not under the protective docket number. The child support order shall 22 |
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| 140 | 140 | | remain in effect until the court modifies or suspends the order. 23 |
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| 141 | 141 | | (b) After notice to the respondent and a hearing, which shall be held within fifteen (15) 24 |
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| 142 | 142 | | days of surrendering said firearms, the court, in addition to any other restrictions, may, for any 25 |
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| 143 | 143 | | protective order issued after or renewed on or after July 1, 2017, continue the order of surrender, 26 |
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| 144 | 144 | | and shall further order a person restrained under this section not to purchase or receive, or attempt 27 |
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| 145 | 145 | | to purchase or receive, any firearms while the protective order is in effect. 28 |
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| 146 | 146 | | (c) The family court shall provide a notice on all forms requesting a protective order that a 29 |
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| 147 | 147 | | person restrained under this section shall be ordered pursuant to § 11-47-5 to surrender possession 30 |
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| 148 | 148 | | of any firearms while the protective order is in effect. The form shall further provide that any person 31 |
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| 149 | 149 | | who has surrendered his or her firearms shall be afforded a hearing within fifteen (15) days of 32 |
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| 150 | 150 | | surrendering his or her firearms. 33 |
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| 151 | 151 | | (d) Any firearm surrendered in accordance with this section to the Rhode Island state police 34 |
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| 152 | 152 | | |
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| 153 | 153 | | |
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| 154 | 154 | | LC000107 - Page 5 of 8 |
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| 155 | 155 | | or local police department shall be returned to the person formerly restrained under this section 1 |
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| 156 | 156 | | upon the person’s request when: 2 |
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| 157 | 157 | | (1) The person formerly restrained under this section produces documentation issued by a 3 |
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| 158 | 158 | | court indicating that the restraining order issued pursuant to this section that prohibited the person 4 |
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| 159 | 159 | | from purchasing, carrying, transporting, or possessing firearms has expired and has not been 5 |
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| 160 | 160 | | extended; and 6 |
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| 161 | 161 | | (2) The law enforcement agency in possession of the firearms determined that the person 7 |
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| 162 | 162 | | formerly restrained under this section is not otherwise prohibited from possessing a firearm under 8 |
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| 163 | 163 | | state or federal law. 9 |
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| 164 | 164 | | (3) The person required to surrender their firearms pursuant to this section shall not be 10 |
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| 165 | 165 | | responsible for any costs of storage of any firearms surrendered pursuant to this section. 11 |
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| 166 | 166 | | (e) The Rhode Island state police are authorized to develop rules and procedures pertaining 12 |
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| 167 | 167 | | to the storage and return of firearms surrendered to the Rhode Island state police or local police 13 |
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| 168 | 168 | | departments pursuant to this section. The Rhode Island state police may consult with the Rhode 14 |
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| 169 | 169 | | Island Police Chiefs’ Association in developing rules and procedures. 15 |
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| 170 | 170 | | (f) Nothing in this section shall be construed to limit, expand, or in any way modify orders 16 |
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| 171 | 171 | | issued under § 12-29-7 or § 15-5-19. 17 |
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| 172 | 172 | | (g) Nothing in this section shall limit a defendant’s right under existing law to petition the 18 |
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| 173 | 173 | | court at a later date for modification of the order. 19 |
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| 174 | 174 | | (h) The court shall immediately notify the person suffering from domestic abuse whose 20 |
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| 175 | 175 | | complaint gave rise to the protective order, and the law enforcement agency where the person 21 |
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| 176 | 176 | | restrained under this section resides, of the hearing. 22 |
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| 177 | 177 | | (i) The person suffering from domestic abuse, local law enforcement, and the person 23 |
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| 178 | 178 | | restrained under this section shall all have an opportunity to be present and to testify when the court 24 |
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| 179 | 179 | | considers the petition. 25 |
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| 180 | 180 | | (j) At the hearing, the person restrained under this section shall have the burden of showing, 26 |
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| 181 | 181 | | by clear and convincing evidence, that, if his or her firearm rights were restored, he or she would 27 |
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| 182 | 182 | | not pose a danger to the person suffering from domestic abuse or to any other person. 28 |
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| 183 | 183 | | (1) In determining whether to restore a person’s firearm rights, the court shall examine all 29 |
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| 184 | 184 | | relevant evidence, including, but not limited to: the complaint seeking a protective order; the 30 |
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| 185 | 185 | | criminal record of the person restrained under this section; the mental health history of the person 31 |
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| 186 | 186 | | restrained under this section; any evidence that the person restrained under this section has, since 32 |
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| 187 | 187 | | being served with the order, engaged in violent or threatening behavior against the person suffering 33 |
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| 188 | 188 | | from domestic abuse or any other person. 34 |
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| 189 | 189 | | |
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| 190 | 190 | | |
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| 191 | 191 | | LC000107 - Page 6 of 8 |
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| 192 | 192 | | (2) If the court determines, after a review of all relevant evidence and after all parties have 1 |
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| 193 | 193 | | had an opportunity to be heard, that the person restrained under this section would not pose a danger 2 |
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| 194 | 194 | | to the person suffering from domestic abuse or to any other person if their firearm rights were 3 |
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| 195 | 195 | | restored, then the court may grant the petition and modify the protective order and lift the firearm 4 |
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| 196 | 196 | | prohibition. 5 |
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| 197 | 197 | | (3) If the court lifts a person’s firearms prohibition pursuant to this subsection, the court 6 |
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| 198 | 198 | | shall issue the person written notice that the person is no longer prohibited under this section from 7 |
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| 199 | 199 | | purchasing or possessing firearms while the protective order is in effect. 8 |
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| 200 | 200 | | (k) The prohibition against possessing a firearm(s) due solely to the existence of a domestic 9 |
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| 201 | 201 | | violence restraining order issued under this section shall not apply with respect to sworn peace 10 |
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| 202 | 202 | | officers as defined in § 12-7-21 and active members of military service, including members of the 11 |
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| 203 | 203 | | reserve components thereof, who are required by law or departmental policy to carry departmental 12 |
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| 204 | 204 | | firearms while on duty or any person who is required by their employment to carry a firearm in the 13 |
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| 205 | 205 | | performance of their duties. Any individual exempted pursuant to this exception may possess a 14 |
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| 206 | 206 | | firearm only during the course of their employment. Any firearm required for employment must be 15 |
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| 207 | 207 | | stored at the place of employment when not being possessed for employment use; all other 16 |
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| 208 | 208 | | firearm(s) must be surrendered in accordance with this section. 17 |
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| 209 | 209 | | (l) Upon motion by the plaintiff, the plaintiff’s address shall be released only at the 18 |
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| 210 | 210 | | discretion of the family court judge. 19 |
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| 211 | 211 | | (m)(1) Any violation of the protective orders in subsection (a) of this section shall subject 20 |
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| 212 | 212 | | the defendant to being found in contempt of court. 21 |
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| 213 | 213 | | (2) The contempt order shall not be exclusive and shall not preclude any other available 22 |
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| 214 | 214 | | civil or criminal remedies. Any relief granted by the court shall be for a fixed period of time not to 23 |
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| 215 | 215 | | exceed three (3) years, at the expiration of which time the court may extend any order, upon motion 24 |
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| 216 | 216 | | of the plaintiff, for any additional time, that it deems necessary to protect the plaintiff from abuse. 25 |
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| 217 | 217 | | The court may modify its order at any time upon motion of either party. 26 |
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| 218 | 218 | | (n)(1) Any violation of a protective order under this chapter of which the defendant has 27 |
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| 219 | 219 | | actual notice shall be a misdemeanor that shall be punished by a fine of no more than one thousand 28 |
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| 220 | 220 | | dollars ($1,000) or by imprisonment for not more than one year, or both. Beginning July 1, 2025, 29 |
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| 221 | 221 | | said violation shall be prosecuted by an attorney appointed by the prosecuting authority who shall 30 |
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| 222 | 222 | | self-certify that they have successfully completed a specialized domestic violence prosecution 31 |
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| 223 | 223 | | training course and updated training every four (4) years thereafter, aligned with national best 32 |
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| 224 | 224 | | practices and eligible for continuing legal education credit(s) as approved by the Rhode Island Bar 33 |
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| 225 | 225 | | Association. 34 |
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| 226 | 226 | | |
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| 227 | 227 | | |
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| 228 | 228 | | LC000107 - Page 7 of 8 |
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| 229 | 229 | | (2) The penalties for violation of this section shall also include the penalties as provided 1 |
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| 230 | 230 | | by § 12-29-5. 2 |
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| 231 | 231 | | (o) Actual notice means that the defendant has received a copy of the order by service or 3 |
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| 232 | 232 | | by being handed a copy of the order by a police officer pursuant to § 15-15-5(d). 4 |
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| 233 | 233 | | (p)(1) The district court shall have criminal jurisdiction over all adult violations of this 5 |
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| 234 | 234 | | chapter. 6 |
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| 235 | 235 | | (2) The family court shall have jurisdiction over all juvenile violations of this chapter. 7 |
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| 236 | 236 | | SECTION 2. This act shall take effect upon passage. 8 |
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| 237 | 237 | | ======== |
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| 238 | 238 | | LC000107 |
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| 239 | 239 | | ======== |
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| 240 | 240 | | |
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| 241 | 241 | | |
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| 242 | 242 | | LC000107 - Page 8 of 8 |
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| 243 | 243 | | EXPLANATION |
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| 244 | 244 | | BY THE LEGISLATIVE COUNCIL |
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| 245 | 245 | | OF |
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| 246 | 246 | | A N A C T |
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| 247 | 247 | | RELATING TO DOMESTIC RELATIONS -- DOMESTIC ABUSE PREVENTION |
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| 248 | 248 | | *** |
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| 249 | 249 | | This act would permit the family court to award custody of household pets to the plaintiff 1 |
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| 250 | 250 | | in a domestic abuse complaint, including the enforcement remedy of a restraining order or other 2 |
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| 251 | 251 | | injunctive relief. 3 |
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| 252 | 252 | | This act would take effect upon passage. 4 |
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| 253 | 253 | | ======== |
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| 254 | 254 | | LC000107 |
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