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| 4 | 4 | | |
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| 5 | 5 | | 2025 -- H 6286 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC002809 |
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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 COURTS AND CIVIL PROCEDURE -- COURTS -- DOMESTIC ASSAULT |
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| 16 | 16 | | Introduced By: Representatives Knight, Boylan, McGaw, and Read |
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| 17 | 17 | | Date Introduced: April 30, 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 8-8.1-3 of the General Laws in Chapter 8-8.1 entitled "Domestic 1 |
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| 23 | 23 | | Assault" is hereby amended to read as follows: 2 |
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| 24 | 24 | | 8-8.1-3. Protective orders — Penalty — Jurisdiction. 3 |
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| 25 | 25 | | (a) A person suffering from domestic abuse may file a complaint in the district court 4 |
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| 26 | 26 | | requesting any order that will protect them from the abuse, including, but not limited to, the 5 |
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| 27 | 27 | | following: 6 |
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| 28 | 28 | | (1) Ordering that the defendant be restrained and enjoined from contacting, assaulting, 7 |
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| 29 | 29 | | molesting, or otherwise interfering with the plaintiff at home, on the street, or elsewhere; 8 |
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| 30 | 30 | | (2) Ordering the defendant to vacate the household forthwith, unless the defendant holds 9 |
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| 31 | 31 | | sole legal interest in the household; 10 |
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| 32 | 32 | | (3) Upon motion by the plaintiff, the plaintiff’s address shall be released only at the 11 |
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| 33 | 33 | | discretion of the district court judge; 12 |
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| 34 | 34 | | (4) Ordering the defendant to surrender physical possession of all firearms in his or her 13 |
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| 35 | 35 | | possession, care, custody, or control and shall further order a person restrained not to purchase or 14 |
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| 36 | 36 | | receive, or attempt to purchase or receive, any firearms while the protective order is in effect. The 15 |
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| 37 | 37 | | defendant shall surrender the firearms within twenty-four (24) hours of notice of the protective 16 |
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| 38 | 38 | | order to the Rhode Island state police or local police department or to a federally licensed firearms 17 |
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| 39 | 39 | | dealer. 18 |
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| 40 | 40 | | (i) A person ordered to surrender possession of any firearm(s) pursuant to this section shall, 19 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | LC002809 - Page 2 of 12 |
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| 44 | 44 | | within seventy-two (72) hours after being served with the order, either: 1 |
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| 45 | 45 | | (A) File with the court a receipt showing the firearm(s) was physically surrendered to the 2 |
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| 46 | 46 | | Rhode Island state police or local police department, or to a federally licensed firearm dealer; or 3 |
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| 47 | 47 | | (B) Attest to the court that, at the time of the order, the person had no firearms in their 4 |
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| 48 | 48 | | immediate physical possession or control, or subject to their immediate physical possession or 5 |
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| 49 | 49 | | control, and that the person, at the time of the attestation, has no firearms in their immediate 6 |
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| 50 | 50 | | physical possession or control or subject to their immediate physical possession or control. 7 |
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| 51 | 51 | | (ii) If a person restrained under this section transfers a firearm(s) to a federally licensed 8 |
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| 52 | 52 | | firearms dealer pursuant to this section, the person restrained under this section may instruct the 9 |
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| 53 | 53 | | federally licensed firearms dealer to sell the firearm(s) or to transfer ownership in accordance with 10 |
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| 54 | 54 | | state and federal law, to a qualified named individual who is not a member of the person’s dwelling 11 |
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| 55 | 55 | | house, who is not related to the person by blood, marriage, or relationship as defined by § 15-15-12 |
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| 56 | 56 | | 1(7), and who is not prohibited from possessing firearms under state or federal law. The owner of 13 |
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| 57 | 57 | | any firearm(s) sold shall receive any financial value received from its sale, less the cost associated 14 |
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| 58 | 58 | | with taking possession of, storing, and transferring of the firearm(s). 15 |
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| 59 | 59 | | (iii) Every individual to whom possession of a firearm(s) is transferred pursuant to this 16 |
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| 60 | 60 | | subsection shall be prohibited from transferring or returning any firearm(s) to the person restrained 17 |
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| 61 | 61 | | under this section while the protective order remains in effect and shall be informed of this 18 |
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| 62 | 62 | | prohibition. Any knowing violation of this subsection is a felony that shall be punishable by a fine 19 |
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| 63 | 63 | | of not more than one thousand dollars ($1,000), or by imprisonment for a term of not less than one 20 |
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| 64 | 64 | | year and not more than five (5) years, or both. 21 |
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| 65 | 65 | | (iv) An individual to whom possession of a firearm(s) is transferred pursuant to this 22 |
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| 66 | 66 | | subsection shall return a firearm(s) to the person formerly restrained under this section only if the 23 |
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| 67 | 67 | | person formerly restrained under this section provides documentation issued by a court indicating 24 |
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| 68 | 68 | | that the restraining order issued pursuant to this section that prohibited the person from purchasing, 25 |
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| 69 | 69 | | carrying, transporting, or possessing firearms has expired and has not been extended. 26 |
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| 70 | 70 | | (b) After notice to the respondent and after a hearing, which shall be held within fifteen 27 |
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| 71 | 71 | | (15) days of surrendering said firearms, the court, in addition to any other restrictions, may, for any 28 |
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| 72 | 72 | | protective order issued or renewed on or after July 1, 2017, continue the order of surrender, and 29 |
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| 73 | 73 | | shall further order a person restrained under this section not to purchase or receive, or attempt to 30 |
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| 74 | 74 | | purchase or receive, any firearms while the protective order is in effect. 31 |
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| 75 | 75 | | (c) The district court shall provide a notice on all forms requesting a protective order that 32 |
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| 76 | 76 | | a person restrained under this section shall be ordered pursuant to § 11-47-5, to surrender 33 |
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| 77 | 77 | | possession or control of any firearms and not to purchase or receive, or attempt to purchase or 34 |
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| 78 | 78 | | |
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| 79 | 79 | | |
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| 80 | 80 | | LC002809 - Page 3 of 12 |
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| 81 | 81 | | receive, any firearms while the restraining order is in effect. The form shall further provide that any 1 |
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| 82 | 82 | | person who has surrendered their firearms shall be afforded a hearing within fifteen (15) days of 2 |
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| 83 | 83 | | surrendering their firearms. 3 |
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| 84 | 84 | | (d) Any firearm surrendered in accordance with this section to the Rhode Island state police 4 |
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| 85 | 85 | | or local police department shall be returned to the person formerly restrained under this section 5 |
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| 86 | 86 | | upon their request when: 6 |
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| 87 | 87 | | (1) The person formerly restrained under this section produces documentation issued by a 7 |
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| 88 | 88 | | court indicating that the restraining order issued pursuant to this section that prohibited the person 8 |
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| 89 | 89 | | from purchasing, carrying, transporting, or possessing firearms has expired and has not been 9 |
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| 90 | 90 | | extended; and 10 |
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| 91 | 91 | | (2) The law enforcement agency in possession of the firearms determines that the person 11 |
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| 92 | 92 | | formerly restrained under this section is not otherwise prohibited from possessing a firearm under 12 |
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| 93 | 93 | | state or federal law. 13 |
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| 94 | 94 | | (3) The person required to surrender his or her firearms pursuant to this section shall not 14 |
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| 95 | 95 | | be responsible for any costs of storage of any firearms surrendered pursuant to this section. 15 |
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| 96 | 96 | | (e) The Rhode Island state police are authorized to develop rules and procedures pertaining 16 |
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| 97 | 97 | | to the storage and return of firearms surrendered to the Rhode Island state police or local police 17 |
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| 98 | 98 | | departments pursuant to this section. The Rhode Island state police may consult with the Rhode 18 |
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| 99 | 99 | | Island Police Chiefs’ Association in developing rules and procedures. 19 |
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| 100 | 100 | | (f) Nothing in this section shall be construed to limit, expand, or in any way modify orders 20 |
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| 101 | 101 | | issued under § 12-29-4 or § 15-5-19. 21 |
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| 102 | 102 | | (g) Nothing in this section shall limit a defendant’s right under existing law to petition the 22 |
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| 103 | 103 | | court at a later date for modification of the order. 23 |
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| 104 | 104 | | (h) The court shall immediately notify the person suffering from domestic abuse whose 24 |
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| 105 | 105 | | complaint gave rise to the protective order and the law enforcement agency where the person 25 |
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| 106 | 106 | | restrained under this section resides of the hearing. 26 |
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| 107 | 107 | | (i) The person suffering from domestic abuse, local law enforcement, and the person 27 |
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| 108 | 108 | | restrained under this section shall all have an opportunity to be present and to testify when the court 28 |
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| 109 | 109 | | considers the petition. 29 |
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| 110 | 110 | | (j) At the hearing, the person restrained under this section shall have the burden of showing, 30 |
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| 111 | 111 | | by clear and convincing evidence, that, if their firearm rights were restored, they would not pose a 31 |
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| 112 | 112 | | danger to the person suffering from domestic abuse or to any other person. 32 |
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| 113 | 113 | | (1) In determining whether to restore a person’s firearm rights, the court shall examine all 33 |
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| 114 | 114 | | relevant evidence, including, but not limited to: the complaint seeking a protective order; the 34 |
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| 115 | 115 | | |
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| 116 | 116 | | |
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| 117 | 117 | | LC002809 - Page 4 of 12 |
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| 118 | 118 | | criminal record of the person restrained under this section; the mental health history of the person 1 |
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| 119 | 119 | | restrained under this section; any evidence that the person restrained under this section has, since 2 |
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| 120 | 120 | | being served with the order, engaged in violent or threatening behavior against the person suffering 3 |
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| 121 | 121 | | from domestic abuse or any other person. 4 |
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| 122 | 122 | | (2) If the court determines, after a review of all relevant evidence and after all parties have 5 |
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| 123 | 123 | | had an opportunity to be heard, that the person restrained under this section would not pose a danger 6 |
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| 124 | 124 | | to the person suffering from domestic abuse or to any other person if the person’s firearm rights 7 |
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| 125 | 125 | | were restored, then the court may grant the petition and modify the protective order and lift the 8 |
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| 126 | 126 | | firearm prohibition. 9 |
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| 127 | 127 | | (3) If the court lifts a person’s firearms prohibition pursuant to this subsection, the court 10 |
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| 128 | 128 | | shall issue the person written notice that the person is no longer prohibited under this section from 11 |
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| 129 | 129 | | purchasing or possessing firearms while the protective order is in effect. 12 |
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| 130 | 130 | | (k) The prohibition against possessing a firearm(s) due solely to the existence of a domestic 13 |
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| 131 | 131 | | violence restraining order issued under this section shall not apply with respect to sworn peace 14 |
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| 132 | 132 | | officers as defined in § 12-7-21 and active members of military service, including members of the 15 |
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| 133 | 133 | | reserve components thereof, who are required by law or departmental policy to carry departmental 16 |
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| 134 | 134 | | firearms while on duty or any person who is required by their employment to carry a firearm in the 17 |
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| 135 | 135 | | performance of his or her duties. Any individual exempted pursuant to this exception may possess 18 |
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| 136 | 136 | | a firearm only during the course of his or her employment. Any firearm required for employment 19 |
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| 137 | 137 | | must be stored at the place of employment when not being possessed for employment use; all other 20 |
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| 138 | 138 | | firearm(s) must be surrendered in accordance with this section. 21 |
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| 139 | 139 | | (l) Any violation of the aforementioned protective order shall subject the defendant to being 22 |
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| 140 | 140 | | found in contempt of court. 23 |
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| 141 | 141 | | (m) No order shall issue under this section that would have the effect of compelling a 24 |
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| 142 | 142 | | defendant who has the sole legal interest in a residence to vacate that residence. 25 |
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| 143 | 143 | | (n) The contempt order shall not be exclusive and shall not preclude any other available 26 |
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| 144 | 144 | | civil or criminal remedies. Any relief granted by the court shall be for a fixed period of time not to 27 |
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| 145 | 145 | | exceed three (3) years, at the expiration of which time the court may extend any order upon motion 28 |
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| 146 | 146 | | of the plaintiff for such additional time as it deems necessary to protect the plaintiff from abuse. 29 |
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| 147 | 147 | | The court may modify its order at any time upon motion of either party. 30 |
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| 148 | 148 | | (o) Any violation of a protective order under this chapter of which the defendant has actual 31 |
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| 149 | 149 | | notice shall be a misdemeanor that shall be punished by a fine of no more than one thousand dollars 32 |
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| 150 | 150 | | ($1,000) or by imprisonment for not more than one year, or both. Beginning July 1, 2025, said 33 |
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| 151 | 151 | | violation shall be prosecuted by an attorney appointed by the prosecuting authority who shall self-34 |
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| 152 | 152 | | |
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| 153 | 153 | | |
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| 154 | 154 | | LC002809 - Page 5 of 12 |
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| 155 | 155 | | certify that they have successfully completed a specialized domestic violence prosecution training 1 |
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| 156 | 156 | | course and updated training every four (4) years thereafter, aligned with national best practices and 2 |
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| 157 | 157 | | eligible for continuing legal education credit(s) as approved by the Rhode Island Bar Association. 3 |
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| 158 | 158 | | (p) Beginning July 1, 2025, said violation shall, at the initial appearance, be presented by 4 |
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| 159 | 159 | | a member of a law enforcement agency and/or prosecuted by an attorney appointed by the 5 |
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| 160 | 160 | | prosecuting authority all of whom shall self-certify that they have successfully completed a 6 |
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| 161 | 161 | | specialized domestic violence prosecution training course and updated training every four (4) years 7 |
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| 162 | 162 | | thereafter, aligned with national best practices and eligible for continuing legal education credit(s) 8 |
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| 163 | 163 | | as approved by the Rhode Island Bar Association. 9 |
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| 164 | 164 | | (p)(q) The penalties for violation of this section shall also include the penalties provided 10 |
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| 165 | 165 | | under § 12-29-5. 11 |
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| 166 | 166 | | (q)(r) “Actual notice” means that the defendant has received a copy of the order by service 12 |
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| 167 | 167 | | thereof or by being handed a copy of the order by a police officer pursuant to § 8-8.1-5(d). 13 |
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| 168 | 168 | | (r)(s) The district court shall have criminal jurisdiction over all violations of this chapter. 14 |
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| 169 | 169 | | SECTION 2. Section 12-29-4 of the General Laws in Chapter 12-29 entitled "Domestic 15 |
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| 170 | 170 | | Violence Prevention Act" is hereby amended to read as follows: 16 |
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| 171 | 171 | | 12-29-4. Restrictions upon and duties of court. 17 |
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| 172 | 172 | | (a)(1) Because of the likelihood of repeated violence directed at those who have been 18 |
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| 173 | 173 | | victims of domestic violence in the past, when a person is charged with or arrested for a crime 19 |
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| 174 | 174 | | involving domestic violence, that person may not be released from custody on bail or personal 20 |
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| 175 | 175 | | recognizance before arraignment without first appearing before the court or bail commissioner. The 21 |
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| 176 | 176 | | court or bail commissioner authorizing release shall issue a no-contact order prohibiting the person 22 |
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| 177 | 177 | | charged or arrested from having contact with the victim. 23 |
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| 178 | 178 | | (2) At the time of arraignment or bail hearing the court or bail commissioner shall 24 |
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| 179 | 179 | | determine whether a no-contact order shall be issued or extended. 25 |
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| 180 | 180 | | (3) Willful violation of a court order issued under subdivision (1), (2), or as part of 26 |
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| 181 | 181 | | disposition of this subdivision of this subsection is a misdemeanor. Beginning July 1, 2025, said 27 |
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| 182 | 182 | | violation shall be prosecuted by an attorney appointed by the prosecuting authority who shall self-28 |
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| 183 | 183 | | certify that they have successfully completed a specialized domestic violence prosecution training 29 |
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| 184 | 184 | | course and updated training every four (4) years thereafter, aligned with national best practices and 30 |
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| 185 | 185 | | eligible for continuing legal education credit(s) as approved by the Rhode Island Bar Association. 31 |
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| 186 | 186 | | The written order releasing the person charged or the written order issued at the time of disposition 32 |
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| 187 | 187 | | shall contain the court’s directive and shall bear the legend: “Violation of this order is a criminal 33 |
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| 188 | 188 | | offense under this section and will subject a violator to arrest”. A copy of the order shall be provided 34 |
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| 189 | 189 | | |
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| 190 | 190 | | |
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| 191 | 191 | | LC002809 - Page 6 of 12 |
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| 192 | 192 | | to the victim. 1 |
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| 193 | 193 | | (4) Beginning July 1, 2025, said violation shall, at the initial appearance, be presented by 2 |
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| 194 | 194 | | a member of a law enforcement agency and/or prosecuted by an attorney appointed by the 3 |
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| 195 | 195 | | prosecuting authority all of whom shall be prosecuted by an attorney appointed by the prosecuting 4 |
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| 196 | 196 | | authority who shall self-certify that they have successfully completed a specialized domestic 5 |
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| 197 | 197 | | violence prosecution training course and updated training every four (4) years thereafter, aligned 6 |
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| 198 | 198 | | with national best practices and eligible for continuing legal education credit(s) as approved by the 7 |
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| 199 | 199 | | Rhode Island Bar Association. The written order releasing the person charged or the written order 8 |
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| 200 | 200 | | issued at the time of disposition shall contain the court’s directive and shall bear the legend: 9 |
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| 201 | 201 | | “Violation of this order is a criminal offense under this section and will subject a violator to arrest”. 10 |
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| 202 | 202 | | A copy of the order shall be provided to the victim. 11 |
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| 203 | 203 | | (4)(5) Whenever an order prohibiting contact is issued, modified, or terminated under 12 |
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| 204 | 204 | | subdivision (1), (2) or (3) of this subsection, the clerk of the court shall forward a copy of the order 13 |
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| 205 | 205 | | on or before the next judicial day to the appropriate law enforcement agency specified in the order. 14 |
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| 206 | 206 | | (b) Because of the serious nature of domestic violence, the court in domestic violence 15 |
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| 207 | 207 | | actions: 16 |
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| 208 | 208 | | (1) Shall not dismiss any charge or delay disposition because of concurrent dissolution of 17 |
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| 209 | 209 | | marriage or other civil proceedings; 18 |
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| 210 | 210 | | (2) Shall not require proof that either party is seeking a dissolution of marriage prior to 19 |
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| 211 | 211 | | instigation of criminal proceedings; 20 |
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| 212 | 212 | | (3) Shall identify by reasonable means on docket sheets those criminal actions arising from 21 |
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| 213 | 213 | | acts of domestic violence; and 22 |
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| 214 | 214 | | (4) Shall make clear to the defendant and victim that the prosecution of the domestic 23 |
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| 215 | 215 | | violence action is determined by the prosecutor and not the victim. 24 |
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| 216 | 216 | | (c) To facilitate compliance with the provisions of this section, the district court shall assure 25 |
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| 217 | 217 | | that the misdemeanor and felony complaint forms indicate whether the crime charged involves 26 |
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| 218 | 218 | | domestic violence and, if so, the relationship of the victim and defendant. 27 |
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| 219 | 219 | | (d) Notwithstanding the provisions of § 12-10-12, the filing of any complaint for a crime 28 |
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| 220 | 220 | | involving domestic violence shall be conditioned upon the defendant keeping the peace and being 29 |
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| 221 | 221 | | of good behavior for a period of three (3) years. In the event a particular case involving domestic 30 |
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| 222 | 222 | | violence is filed on a plea of not guilty, guilty or nolo contendere pursuant to § 12-10-12, the court 31 |
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| 223 | 223 | | having jurisdiction shall retain the records of the case for a period of three (3) years from the date 32 |
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| 224 | 224 | | of the filing. These records shall not be expunged, sealed, or otherwise destroyed for a period of 33 |
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| 225 | 225 | | three (3) years from the date of filing. Furthermore, the destruction or sealing of records in the 34 |
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| 226 | 226 | | |
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| 227 | 227 | | |
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| 228 | 228 | | LC002809 - Page 7 of 12 |
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| 229 | 229 | | possession of the department of attorney general bureau of criminal identification, the 1 |
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| 230 | 230 | | superintendent of the state police, or the police departments of any city or town after a filing related 2 |
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| 231 | 231 | | to a crime involving domestic violence shall be governed by § 12-1-12. 3 |
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| 232 | 232 | | SECTION 3. Section 15-15-3 of the General Laws in Chapter 15-15 entitled "Domestic 4 |
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| 233 | 233 | | Abuse Prevention" is hereby amended to read as follows: 5 |
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| 234 | 234 | | 15-15-3. Protective orders — Penalty — Jurisdiction. 6 |
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| 235 | 235 | | (a) A person, or a parent, custodian, or legal guardian on behalf of a minor child or the 7 |
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| 236 | 236 | | director of the department of children, youth and families (“DCYF”) or its designee for a child in 8 |
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| 237 | 237 | | the custody of DCYF, pursuant to §§ 40-11-7 and 40-11-7.1, suffering from domestic abuse or 9 |
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| 238 | 238 | | sexual exploitation as defined in § 15-15-1, may file a complaint in the family court requesting any 10 |
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| 239 | 239 | | order that will protect and support her or him from abuse or sexual exploitation, including, but not 11 |
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| 240 | 240 | | limited to, the following: 12 |
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| 241 | 241 | | (1) Ordering that the defendant be restrained and enjoined from contacting, assaulting, 13 |
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| 242 | 242 | | molesting, sexually exploiting, or interfering with the plaintiff at home, on the street, or elsewhere, 14 |
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| 243 | 243 | | whether the defendant is an adult or a minor; 15 |
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| 244 | 244 | | (2) Ordering the defendant to vacate the household immediately, and further providing in 16 |
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| 245 | 245 | | the order for the safety and welfare of all household animals and pets; 17 |
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| 246 | 246 | | (3) Awarding the plaintiff custody of the minor children of the parties, if any; 18 |
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| 247 | 247 | | (4) Ordering the defendant to surrender physical possession of all firearms in his or her 19 |
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| 248 | 248 | | possession, care, custody, or control and shall further order a person restrained not to purchase or 20 |
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| 249 | 249 | | receive, or attempt to purchase or receive, any firearms while the protective order is in effect. The 21 |
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| 250 | 250 | | defendant shall surrender said firearms within twenty-four (24) hours of notice of the protective 22 |
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| 251 | 251 | | order to the Rhode Island state police or local police department or to a federally licensed firearms 23 |
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| 252 | 252 | | dealer. 24 |
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| 253 | 253 | | (i) A person ordered to surrender possession of any firearm(s) pursuant to this section shall, 25 |
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| 254 | 254 | | within seventy-two (72) hours after being served with the order, either: 26 |
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| 255 | 255 | | (A) File with the court a receipt showing the firearm(s) was physically surrendered to the 27 |
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| 256 | 256 | | Rhode Island state police or local police department, or to a federally licensed firearms dealer; or 28 |
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| 257 | 257 | | (B) Attest to the court that, at the time of the order, the person had no firearms in his or her 29 |
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| 258 | 258 | | immediate physical possession or control, or subject to their immediate physical possession or 30 |
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| 259 | 259 | | control, and that the person, at the time of the attestation, has no firearms in their immediate 31 |
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| 260 | 260 | | physical possession or control, or subject to their immediate physical possession or control. 32 |
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| 261 | 261 | | (ii) If a person restrained under this section transfers a firearm(s) to a federally licensed 33 |
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| 262 | 262 | | firearms dealer pursuant to this section, the person restrained under this section may instruct the 34 |
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| 263 | 263 | | |
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| 264 | 264 | | |
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| 265 | 265 | | LC002809 - Page 8 of 12 |
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| 266 | 266 | | federally licensed firearms dealer to sell the firearm(s) or to transfer ownership, in accordance with 1 |
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| 267 | 267 | | state and federal law, to a qualified named individual who is not a member of the person’s dwelling 2 |
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| 268 | 268 | | house, who is not related to the person by blood, marriage, or relationship as defined by § 15-15-3 |
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| 269 | 269 | | 1(7), and who is not prohibited from possessing firearms under state or federal law. The owner of 4 |
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| 270 | 270 | | any firearm(s) sold shall receive any financial value received from its sale, less the cost associated 5 |
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| 271 | 271 | | with taking possession of, storing, and transferring of the firearm(s). 6 |
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| 272 | 272 | | (iii) Every individual to whom ownership of a firearm(s) is transferred pursuant to this 7 |
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| 273 | 273 | | subsection shall be prohibited from transferring or returning any firearm(s) to the person restrained 8 |
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| 274 | 274 | | under this section while the protective order remains in effect and shall be informed of this 9 |
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| 275 | 275 | | prohibition, Any knowing violation of this subsection is a felony that shall be punishable by a fine 10 |
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| 276 | 276 | | of not more than one thousand dollars ($1,000), or by imprisonment for a term of not less than one 11 |
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| 277 | 277 | | year and not more than five (5) years, or both. 12 |
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| 278 | 278 | | (iv) An individual to whom ownership of a firearm(s) is transferred pursuant to this 13 |
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| 279 | 279 | | subsection shall return a firearm(s) to the person formerly restrained under this section only if the 14 |
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| 280 | 280 | | person formerly restrained under this section provides documentation issued by a court indicating 15 |
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| 281 | 281 | | that the restraining order issued pursuant to this section that prohibited the person from purchasing, 16 |
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| 282 | 282 | | carrying, transporting, or possessing firearms has expired and has not been extended; 17 |
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| 283 | 283 | | (5) After notice to the respondent and a hearing, ordering either party to make payments 18 |
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| 284 | 284 | | for the support of a minor child or children of the parties as required by law for a period not to 19 |
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| 285 | 285 | | exceed ninety (90) days, unless the child support order is for a child or children receiving public 20 |
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| 286 | 286 | | assistance pursuant to chapter 5.1 of title 40 [repealed]. In these cases, legal counsel for the division 21 |
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| 287 | 287 | | of taxation, child support enforcement, shall be notified as a party in interest to appear for the 22 |
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| 288 | 288 | | purpose of establishing a child support order under a new or existing docket number previously 23 |
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| 289 | 289 | | assigned to the parties and not under the protective docket number. The child support order shall 24 |
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| 290 | 290 | | remain in effect until the court modifies or suspends the order. 25 |
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| 291 | 291 | | (b) After notice to the respondent and a hearing, which shall be held within fifteen (15) 26 |
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| 292 | 292 | | days of surrendering said firearms, the court, in addition to any other restrictions, may, for any 27 |
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| 293 | 293 | | protective order issued after or renewed on or after July 1, 2017, continue the order of surrender, 28 |
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| 294 | 294 | | and shall further order a person restrained under this section not to purchase or receive, or attempt 29 |
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| 295 | 295 | | to purchase or receive, any firearms while the protective order is in effect. 30 |
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| 296 | 296 | | (c) The family court shall provide a notice on all forms requesting a protective order that a 31 |
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| 297 | 297 | | person restrained under this section shall be ordered pursuant to § 11-47-5 to surrender possession 32 |
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| 298 | 298 | | of any firearms while the protective order is in effect. The form shall further provide that any person 33 |
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| 299 | 299 | | who has surrendered his or her firearms shall be afforded a hearing within fifteen (15) days of 34 |
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| 300 | 300 | | |
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| 301 | 301 | | |
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| 302 | 302 | | LC002809 - Page 9 of 12 |
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| 303 | 303 | | surrendering his or her firearms. 1 |
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| 304 | 304 | | (d) Any firearm surrendered in accordance with this section to the Rhode Island state police 2 |
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| 305 | 305 | | or local police department shall be returned to the person formerly restrained under this section 3 |
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| 306 | 306 | | upon the person’s request when: 4 |
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| 307 | 307 | | (1) The person formerly restrained under this section produces documentation issued by a 5 |
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| 308 | 308 | | court indicating that the restraining order issued pursuant to this section that prohibited the person 6 |
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| 309 | 309 | | from purchasing, carrying, transporting, or possessing firearms has expired and has not been 7 |
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| 310 | 310 | | extended; and 8 |
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| 311 | 311 | | (2) The law enforcement agency in possession of the firearms determined that the person 9 |
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| 312 | 312 | | formerly restrained under this section is not otherwise prohibited from possessing a firearm under 10 |
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| 313 | 313 | | state or federal law. 11 |
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| 314 | 314 | | (3) The person required to surrender their firearms pursuant to this section shall not be 12 |
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| 315 | 315 | | responsible for any costs of storage of any firearms surrendered pursuant to this section. 13 |
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| 316 | 316 | | (e) The Rhode Island state police are authorized to develop rules and procedures pertaining 14 |
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| 317 | 317 | | to the storage and return of firearms surrendered to the Rhode Island state police or local police 15 |
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| 318 | 318 | | departments pursuant to this section. The Rhode Island state police may consult with the Rhode 16 |
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| 319 | 319 | | Island Police Chiefs’ Association in developing rules and procedures. 17 |
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| 320 | 320 | | (f) Nothing in this section shall be construed to limit, expand, or in any way modify orders 18 |
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| 321 | 321 | | issued under § 12-29-7 or § 15-5-19. 19 |
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| 322 | 322 | | (g) Nothing in this section shall limit a defendant’s right under existing law to petition the 20 |
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| 323 | 323 | | court at a later date for modification of the order. 21 |
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| 324 | 324 | | (h) The court shall immediately notify the person suffering from domestic abuse whose 22 |
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| 325 | 325 | | complaint gave rise to the protective order, and the law enforcement agency where the person 23 |
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| 326 | 326 | | restrained under this section resides, of the hearing. 24 |
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| 327 | 327 | | (i) The person suffering from domestic abuse, local law enforcement, and the person 25 |
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| 328 | 328 | | restrained under this section shall all have an opportunity to be present and to testify when the court 26 |
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| 329 | 329 | | considers the petition. 27 |
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| 330 | 330 | | (j) At the hearing, the person restrained under this section shall have the burden of showing, 28 |
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| 331 | 331 | | by clear and convincing evidence, that, if his or her firearm rights were restored, he or she would 29 |
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| 332 | 332 | | not pose a danger to the person suffering from domestic abuse or to any other person. 30 |
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| 333 | 333 | | (1) In determining whether to restore a person’s firearm rights, the court shall examine all 31 |
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| 334 | 334 | | relevant evidence, including, but not limited to: the complaint seeking a protective order; the 32 |
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| 335 | 335 | | criminal record of the person restrained under this section; the mental health history of the person 33 |
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| 336 | 336 | | restrained under this section; any evidence that the person restrained under this section has, since 34 |
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| 337 | 337 | | |
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| 338 | 338 | | |
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| 339 | 339 | | LC002809 - Page 10 of 12 |
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| 340 | 340 | | being served with the order, engaged in violent or threatening behavior against the person suffering 1 |
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| 341 | 341 | | from domestic abuse or any other person. 2 |
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| 342 | 342 | | (2) If the court determines, after a review of all relevant evidence and after all parties have 3 |
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| 343 | 343 | | had an opportunity to be heard, that the person restrained under this section would not pose a danger 4 |
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| 344 | 344 | | to the person suffering from domestic abuse or to any other person if their firearm rights were 5 |
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| 345 | 345 | | restored, then the court may grant the petition and modify the protective order and lift the firearm 6 |
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| 346 | 346 | | prohibition. 7 |
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| 347 | 347 | | (3) If the court lifts a person’s firearms prohibition pursuant to this subsection, the court 8 |
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| 348 | 348 | | shall issue the person written notice that the person is no longer prohibited under this section from 9 |
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| 349 | 349 | | purchasing or possessing firearms while the protective order is in effect. 10 |
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| 350 | 350 | | (k) The prohibition against possessing a firearm(s) due solely to the existence of a domestic 11 |
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| 351 | 351 | | violence restraining order issued under this section shall not apply with respect to sworn peace 12 |
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| 352 | 352 | | officers as defined in § 12-7-21 and active members of military service, including members of the 13 |
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| 353 | 353 | | reserve components thereof, who are required by law or departmental policy to carry departmental 14 |
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| 354 | 354 | | firearms while on duty or any person who is required by their employment to carry a firearm in the 15 |
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| 355 | 355 | | performance of their duties. Any individual exempted pursuant to this exception may possess a 16 |
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| 356 | 356 | | firearm only during the course of their employment. Any firearm required for employment must be 17 |
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| 357 | 357 | | stored at the place of employment when not being possessed for employment use; all other 18 |
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| 358 | 358 | | firearm(s) must be surrendered in accordance with this section. 19 |
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| 359 | 359 | | (l) Upon motion by the plaintiff, the plaintiff’s address shall be released only at the 20 |
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| 360 | 360 | | discretion of the family court judge. 21 |
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| 361 | 361 | | (m)(1) Any violation of the protective orders in subsection (a) of this section shall subject 22 |
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| 362 | 362 | | the defendant to being found in contempt of court. 23 |
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| 363 | 363 | | (2) The contempt order shall not be exclusive and shall not preclude any other available 24 |
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| 364 | 364 | | civil or criminal remedies. Any relief granted by the court shall be for a fixed period of time not to 25 |
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| 365 | 365 | | exceed three (3) years, at the expiration of which time the court may extend any order, upon motion 26 |
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| 366 | 366 | | of the plaintiff, for any additional time, that it deems necessary to protect the plaintiff from abuse. 27 |
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| 367 | 367 | | The court may modify its order at any time upon motion of either party. 28 |
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| 368 | 368 | | (n)(1) Any violation of a protective order under this chapter of which the defendant has 29 |
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| 369 | 369 | | actual notice shall be a misdemeanor that shall be punished by a fine of no more than one thousand 30 |
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| 370 | 370 | | dollars ($1,000) or by imprisonment for not more than one year, or both. Beginning July 1, 2025, 31 |
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| 371 | 371 | | said violation shall be prosecuted by an attorney appointed by the prosecuting authority who shall 32 |
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| 372 | 372 | | self-certify that they have successfully completed a specialized domestic violence prosecution 33 |
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| 373 | 373 | | training course and updated training every four (4) years thereafter, aligned with national best 34 |
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| 374 | 374 | | |
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| 375 | 375 | | |
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| 376 | 376 | | LC002809 - Page 11 of 12 |
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| 377 | 377 | | practices and eligible for continuing legal education credit(s) as approved by the Rhode Island Bar 1 |
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| 378 | 378 | | Association. 2 |
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| 379 | 379 | | (2) The penalties for violation of this section shall also include the penalties as provided 3 |
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| 380 | 380 | | by § 12-29-5. 4 |
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| 381 | 381 | | (o) Beginning July 1, 2025, said violation shall, at the initial appearance, be presented by 5 |
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| 382 | 382 | | a member of a law enforcement agency and/or prosecuted by an attorney appointed by the 6 |
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| 383 | 383 | | prosecuting authority all of whom shall self-certify that they have successfully completed a 7 |
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| 384 | 384 | | specialized domestic violence prosecution training course and updated training every four (4) years 8 |
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| 385 | 385 | | thereafter, aligned with national best practices and eligible for continuing legal education credit(s) 9 |
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| 386 | 386 | | as approved by the Rhode Island Bar Association. 10 |
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| 387 | 387 | | (o)(p) Actual notice means that the defendant has received a copy of the order by service 11 |
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| 388 | 388 | | or by being handed a copy of the order by a police officer pursuant to § 15-15-5(d). 12 |
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| 389 | 389 | | (p)(q) (1) The district court shall have criminal jurisdiction over all adult violations of this 13 |
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| 390 | 390 | | chapter. 14 |
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| 391 | 391 | | (2) The family court shall have jurisdiction over all juvenile violations of this chapter. 15 |
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| 392 | 392 | | SECTION 4. This act shall take effect on July 1, 2025. 16 |
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| 393 | 393 | | ======== |
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| 394 | 394 | | LC002809 |
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| 395 | 395 | | ======== |
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| 396 | 396 | | |
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| 397 | 397 | | |
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| 398 | 398 | | LC002809 - Page 12 of 12 |
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| 399 | 399 | | EXPLANATION |
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| 400 | 400 | | BY THE LEGISLATIVE COUNCIL |
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| 401 | 401 | | OF |
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| 402 | 402 | | A N A C T |
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| 403 | 403 | | RELATING TO COURTS AND CIVIL PROCEDURE -- COURTS -- DOMESTIC ASSAULT |
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| 404 | 404 | | *** |
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| 405 | 405 | | This act would provide that, effective July 1, 2025, any law enforcement officer who 1 |
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| 406 | 406 | | appears before the court at an initial appearance for prosecution of any violation of a protective 2 |
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| 407 | 407 | | order shall have self-certified that the officer has successfully completed a specialized domestic 3 |
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| 408 | 408 | | violence prosecution training course. 4 |
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| 409 | 409 | | This act would take effect on July 1, 2025. 5 |
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| 410 | 410 | | ======== |
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| 411 | 411 | | LC002809 |
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| 412 | 412 | | ======== |
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