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| 4 | 4 | | |
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| 5 | 5 | | 2025 -- H 5222 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC000951 |
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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 DELINQUENT AND DEPENDENT CHILDREN -- PROCEEDINGS IN |
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| 16 | 16 | | FAMILY COURT |
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| 17 | 17 | | Introduced By: Representatives Craven, Caldwell, Dawson, Azzinaro, Casey, and |
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| 18 | 18 | | Casimiro |
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| 19 | 19 | | Date Introduced: January 29, 2025 |
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| 20 | 20 | | Referred To: House Judiciary |
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| 21 | 21 | | |
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| 22 | 22 | | |
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| 23 | 23 | | It is enacted by the General Assembly as follows: |
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| 24 | 24 | | SECTION 1. Section 14-1-5 of the General Laws in Chapter 14-1 entitled "Proceedings in 1 |
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| 25 | 25 | | Family Court" is hereby amended to read as follows: 2 |
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| 26 | 26 | | 14-1-5. Exclusive jurisdiction. 3 |
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| 27 | 27 | | (a) The court shall, as set forth in this chapter, have exclusive original jurisdiction in 4 |
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| 28 | 28 | | proceedings: 5 |
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| 29 | 29 | | (1) Concerning any child residing or being within the state who is: (i) Delinquent; (ii) 6 |
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| 30 | 30 | | Wayward; (iii) Dependent; (iv) Neglected; or (v) Mentally disabled; 7 |
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| 31 | 31 | | (2) Concerning adoption of children; 8 |
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| 32 | 32 | | (3) To determine the paternity of any child alleged to have been born out of wedlock and 9 |
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| 33 | 33 | | to provide for the support and disposition of that child in case that child or the child’s mother has 10 |
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| 34 | 34 | | residence within the state; and 11 |
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| 35 | 35 | | (4) [Deleted by P.L. 2021, ch. 39, § 3 and P.L. 2021, ch. 40, § 3.] 12 |
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| 36 | 36 | | (5) Referred to the court in accordance with the provisions of § 14-1-28. 13 |
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| 37 | 37 | | (b) The jurisdiction of the court is concurrent with that of a federal court sitting in the state 14 |
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| 38 | 38 | | over proceedings involving a violation of federal law committed by a child on a military installation 15 |
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| 39 | 39 | | of the United States Department of Defense if: 16 |
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| 40 | 40 | | (1) The United States Attorney, or the federal court waives exclusive jurisdiction; and 17 |
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| 41 | 41 | | (2) The violation of federal law is also a crime under state law. 18 |
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| 42 | 42 | | |
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| 43 | 43 | | |
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| 44 | 44 | | LC000951 - Page 2 of 3 |
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| 45 | 45 | | (c) When concurrent jurisdiction has been established pursuant to this chapter, the court 1 |
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| 46 | 46 | | has exclusive original jurisdiction over any case involving a child who is alleged to be delinquent 2 |
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| 47 | 47 | | as the result of an act committed within the boundaries of a military installation that is a crime or 3 |
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| 48 | 48 | | infraction under state law. 4 |
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| 49 | 49 | | (d) In any case involving a child who has previously committed such an act on a military 5 |
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| 50 | 50 | | installation, the family court shall have exclusive and automatic jurisdiction. 6 |
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| 51 | 51 | | SECTION 2. This act shall take effect upon passage. 7 |
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| 52 | 52 | | ======== |
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| 53 | 53 | | LC000951 |
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| 54 | 54 | | ======== |
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| 55 | 55 | | |
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| 56 | 56 | | |
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| 57 | 57 | | LC000951 - Page 3 of 3 |
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| 58 | 58 | | EXPLANATION |
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| 59 | 59 | | BY THE LEGISLATIVE COUNCIL |
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| 60 | 60 | | OF |
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| 61 | 61 | | A N A C T |
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| 62 | 62 | | RELATING TO DELINQUENT AND DEPENDENT CHILDREN -- PROCEEDINGS IN |
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| 63 | 63 | | FAMILY COURT |
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| 64 | 64 | | *** |
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| 65 | 65 | | This act would clarify jurisdiction between the Rhode Island Family Court and the Federal 1 |
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| 66 | 66 | | Government for the purposes of adjudicating minors who have allegedly committed a crime while 2 |
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| 67 | 67 | | residing on a military installation located in the State of Rhode Island. 3 |
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| 68 | 68 | | This act would take effect upon passage. 4 |
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| 69 | 69 | | ======== |
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| 70 | 70 | | LC000951 |
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| 71 | 71 | | ======== |
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