Rhode Island 2025 Regular Session

Rhode Island House Bill H5888 Compare Versions

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

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5	5	2025 -- H 5888
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7	7	LC002196
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9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2025
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO CRIMINAL PROCEDURE -- DOMESTIC VIOLENCE PREVENTION ACT
16	16	Introduced By: Representatives Fogarty, Cortvriend, Diaz, Kislak, Shallcross Smith,
17	17	Carson, Casimiro, Stewart, Donovan, and Alzate
18	18	Date Introduced: February 28, 2025
19	19	Referred To: House Judiciary
20	20	(Attorney General)
21	21
22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Section 12-29-5 of the General Laws in Chapter 12-29 entitled "Domestic 1
24	24	Violence Prevention Act" is hereby amended to read as follows: 2
25	25	12-29-5. Disposition of domestic violence cases. 3
26	26	(a) Every person convicted of, or placed on probation for, a crime involving domestic 4
27	27	violence or whose case is filed pursuant to § 12-10-12 where the defendant pleads nolo contendere, 5
28	28	in addition to any other sentence imposed or counseling ordered, shall be ordered by the judge to 6
29	29	attend, at his or her own expense, a batterer’s intervention program appropriate to address his or 7
30	30	her violent behavior; provided, however, that the court may permit a servicemember or veteran to 8
31	31	complete any court-approved counseling program administered or approved by the Veterans’ 9
32	32	Administration. This order shall be included in the conditions of probation. Failure of the defendant 10
33	33	to comply with the order shall be a basis for violating probation and/or the provisions of § 12-10-11
34	34	12. This provision shall not be suspended or waived by the court. 12
35	35	(b) Every person convicted of, or placed on probation for, a crime involving domestic 13
36	36	violence as enumerated in § 12-29-2, or whose case is filed pursuant to § 12-10-12 where the 14
37	37	defendant pleads guilty or nolo contendere, in addition to other court costs or assessments imposed, 15
38	38	shall be ordered to pay a one hundred twenty-five dollar ($125) assessment. Eighty percent (80%) 16
39	39	of the assessment collected pursuant to this section shall be provided to the Rhode Island Coalition 17
40	40	Against Domestic Violence for programs to assist victims of domestic violence and twenty percent 18
41	41	(20%) of the assessment shall be deposited as general revenue. 19
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45	45	(c)(1) Every person convicted of an offense punishable as a misdemeanor involving 1
46	46	domestic violence as defined in § 12-29-2 shall: 2
47	47	(i) For a second violation, including both prior felony and misdemeanor convictions, be 3
48	48	imprisoned for a term of not less than ten (10) days and not more than one year. 4
49	49	(ii) For a third and subsequent violation, including both prior felony and misdemeanor 5
50	50	convictions, be deemed guilty of a felony and be imprisoned for a term of not less than one year 6
51	51	and not more than ten (10) years. 7
52	52	(2) No jail sentence provided for under this section can be suspended. 8
53	53	(3) Nothing in this subsection shall be construed as limiting the discretion of the judges to 9
54	54	impose additional sanctions authorized in sentencing. 10
55	55	(d) The court shall determine, for every person who pleads nolo contendere to, or is 11
56	56	convicted of, an offense involving domestic violence as enumerated in § 12-29-2, whether, as a 12
57	57	result of the plea or conviction, the defendant is prohibited under § 11-47-5(a)(3) or § 11-47-13
58	58	5(a)(4) from purchasing, owning, carrying, transporting, or having in his or her possession any 14
59	59	firearm. 15
60	60	(1) Prior to the entry of a plea of nolo contendere to an offense involving domestic violence 16
61	61	as enumerated in § 12-29-2, the court shall advise the defendant that a plea of nolo contendere has 17
62	62	the same legal effect and collateral consequences as a plea of guilty. 18
63	63	(2) Prior to the entry of a plea of nolo contendere to an offense punishable as a felony 19
64	64	involving domestic violence as enumerated in § 12-29-2, or an offense enumerated in § 11-47-20
65	65	5(a)(4), the court shall advise the defendant that, in addition to any other sentence or penalty, the 21
66	66	defendant shall, as result of the plea, be prohibited from purchasing, owning, carrying, transporting, 22
67	67	or having in their possession any firearm under § 11-47-5. 23
68	68	(3) The person required to surrender his or her firearms pursuant to this section shall not 24
69	69	be responsible for any costs of storage of any firearms surrendered pursuant to this section. 25
70	70	(e) For the purposes of this section, “batterers intervention program” means a program that 26
71	71	is certified by the batterers intervention program standards oversight committee according to 27
72	72	minimum standards, pursuant to §§ 12-29-5.1, 12-29-5.2, and 12-29-5.3. 28
73	73	(f) For purposes of this section, “servicemember” means a person who is presently serving 29
74	74	in the armed forces of the United States, including the Coast Guard, a reserve component thereof, 30
75	75	or the National Guard. “Veteran” means a person who has served in the armed forces, including 31
76	76	the Coast Guard of the United States, a reserve component thereof, or the National Guard, and has 32
77	77	been discharged under other than dishonorable conditions. 33
78	78	(g) The court shall indicate on every record of conviction or a plea of nolo contendere for 34
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82	82	an offense punishable as a felony involving domestic violence, as defined in § 12-29-2, that the 1
83	83	defendant is prohibited under §§ 11-47-5 and 11-47-5.3 from purchasing, owning, carrying, 2
84	84	transporting, or having in their possession, any firearm(s). The court shall inform the defendant of 3
85	85	their prohibited status and shall order the defendant to surrender any firearm(s) in their ownership, 4
86	86	possession, care, custody or control in accordance with § 11-47-5.3. 5
87	87	(h) The court shall indicate on every record of conviction or a plea of nolo contendere for 6
88	88	an offense enumerated in § 11-47-5(a)(4) that the defendant is prohibited under §§ 11-47-5 and 7
89	89	11-47-5.4 from purchasing, owning, carrying, transporting, or having in their possession, any 8
90	90	firearm(s). The court shall inform the defendant of their prohibited status, shall order the defendant 9
91	91	to surrender any firearm(s) in their ownership, possession, care, custody or control, and shall ensure 10
92	92	that surrender is made in accordance with § 11-47-5.4. 11
93	93	(i) No proceeds shall be provided to any person if the firearm(s) is destroyed pursuant to 12
94	94	this section. 13
95	95	(j) Any firearm(s) used in the commission of the offense leading to the conviction pursuant 14
96	96	to this section shall be forfeited to the state upon conviction. 15
97	97	SECTION 2. This act shall take effect upon passage. 16
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104	104	EXPLANATION
105	105	BY THE LEGISLATIVE COUNCIL
106	106	OF
107	107	A N A C T
108	108	RELATING TO CRIMINAL PROCEDURE -- DOMESTIC VIOLENCE PREVENTION ACT
109	109	***
110	110	This act would provide that a defendant's third and subsequent violation of domestic 1
111	111	violence offenses, including both prior felony and misdemeanor convictions, would be punishable 2
112	112	as a felony. 3
113	113	This act would take effect upon passage. 4
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