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| 4 | 4 | | |
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| 5 | 5 | | 2025 -- H 5669 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC002104 |
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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 CRIMINAL PROCEDURE -- DOMESTIC VIOLENCE PREVENTION ACT |
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| 16 | 16 | | Introduced By: Representative William W. O'Brien |
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| 17 | 17 | | Date Introduced: February 26, 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. Section 12-29-2 of the General Laws in Chapter 12-29 entitled "Domestic 1 |
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| 23 | 23 | | Violence Prevention Act" is hereby amended to read as follows: 2 |
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| 24 | 24 | | 12-29-2. Definitions. 3 |
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| 25 | 25 | | (a) “Domestic violence” includes, but is not limited to, any of the following crimes when 4 |
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| 26 | 26 | | committed by one family or household member against another: 5 |
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| 27 | 27 | | (1) Simple assault (§ 11-5-3); 6 |
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| 28 | 28 | | (2) Felony assaults (chapter 5 of title 11); 7 |
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| 29 | 29 | | (3) Vandalism (§ 11-44-1); 8 |
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| 30 | 30 | | (4) Disorderly conduct (§ 11-45-1); 9 |
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| 31 | 31 | | (5) Trespass (§ 11-44-26); 10 |
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| 32 | 32 | | (6) Kidnapping (§ 11-26-1); 11 |
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| 33 | 33 | | (7) Child-snatching (§ 11-26-1.1); 12 |
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| 34 | 34 | | (8) Sexual assault (§§ 11-37-2, 11-37-4); 13 |
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| 35 | 35 | | (9) Homicide (§§ 11-23-1 and 11-23-3); 14 |
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| 36 | 36 | | (10) Violation of the provisions of a protective order entered pursuant to § 15-5-19, chapter 15 |
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| 37 | 37 | | 15 of title 15, or chapter 8.1 of title 8 where the respondent has knowledge of the order and the 16 |
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| 38 | 38 | | penalty for its violation, or a violation of a no contact order issued pursuant to § 12-29-4; 17 |
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| 39 | 39 | | (11) Stalking (chapter 59 of title 11); 18 |
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| 40 | 40 | | (12) Refusal to relinquish or to damage or to obstruct a telephone (§ 11-35-14); 19 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | LC002104 - Page 2 of 3 |
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| 44 | 44 | | (13) Burglary and Unlawful Entry (chapter 8 of title 11); 1 |
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| 45 | 45 | | (14) Arson (chapter 4 of title 11); 2 |
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| 46 | 46 | | (15) Cyberstalking and cyberharassment (§ 11-52-4.2); 3 |
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| 47 | 47 | | (16) Domestic assault by strangulation § 11-5-2.3; and 4 |
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| 48 | 48 | | (17) Electronic tracking of motor vehicles (§ 11-69-1).; 5 |
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| 49 | 49 | | (18) Unnecessary cruelty to an animal owned or cared for by a household member (§ 4-1-6 |
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| 50 | 50 | | 3); 7 |
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| 51 | 51 | | (19) Malicious injury to or killing of an animal owned or cared for by a household member 8 |
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| 52 | 52 | | (§ 4-1-5); and 9 |
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| 53 | 53 | | (20) Abandonment of an animal owned or cared for by a household member (§ 4-1-26). 10 |
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| 54 | 54 | | (b) “Family or household member” means spouses, former spouses, adult persons related 11 |
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| 55 | 55 | | by blood or marriage, adult persons who are presently residing together or who have resided 12 |
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| 56 | 56 | | together in the past three (3) years, and persons who have a child in common regardless of whether 13 |
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| 57 | 57 | | they have been married or have lived together, or persons who are, or have been, in a substantive 14 |
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| 58 | 58 | | dating or engagement relationship within the past one year which shall be determined by the court’s 15 |
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| 59 | 59 | | consideration of the following factors: 16 |
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| 60 | 60 | | (1) The length of time of the relationship; 17 |
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| 61 | 61 | | (2) The type of the relationship; 18 |
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| 62 | 62 | | (3) The frequency of the interaction between the parties. 19 |
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| 63 | 63 | | (c) “Protective order” means an order issued pursuant to § 15-5-19, chapter 15 of title 15, 20 |
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| 64 | 64 | | or chapter 8.1 of title 8. 21 |
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| 65 | 65 | | (d) “Victim” means a family or household member who has been subjected to domestic 22 |
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| 66 | 66 | | violence. 23 |
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| 67 | 67 | | SECTION 2. This act shall take effect upon passage. 24 |
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| 68 | 68 | | ======== |
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| 69 | 69 | | LC002104 |
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| 72 | 72 | | |
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| 73 | 73 | | LC002104 - Page 3 of 3 |
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| 74 | 74 | | EXPLANATION |
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| 75 | 75 | | BY THE LEGISLATIVE COUNCIL |
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| 76 | 76 | | OF |
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| 77 | 77 | | A N A C T |
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| 78 | 78 | | RELATING TO CRIMINAL PROCEDURE -- DOMESTIC VIOLENCE PREVENTION ACT |
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| 79 | 79 | | *** |
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| 80 | 80 | | This act would include animal cruelty offenses to the domestic violence crimes committed 1 |
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| 81 | 81 | | by a family or household members against another. 2 |
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| 82 | 82 | | This act would take effect upon passage. 3 |
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| 83 | 83 | | ======== |
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| 84 | 84 | | LC002104 |
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