2012 -- S 2147 SUBSTITUTE A

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LC00184/SUB A

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO CRIMINAL OFFENSES - ASSAULTS

     Introduced By: Senators DeVall, Crowley, and Tassoni

     Date Introduced: January 18, 2012

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 11-5 of the General Laws entitled "Assaults" is hereby amended by

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adding thereto the following section:

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     11-5-2.3. Domestic assault by strangulation. -- (a) Every person who shall make an

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assault or battery, or both, by strangulation, on a family or household member as defined in

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subsection 12-29-2(b), shall be punished by imprisonment for not more than twenty (20) years.

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     (b) Where the provisions of “The Domestic Violence Prevention Act”, chapter 29 of title

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12, are applicable, the penalties for violation of this section shall also include the penalties as

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provided in section 12-29-5.

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     (c) “Strangulation” means intentionally impeding normal breathing or circulation of the

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blood by applying pressure on the throat or neck or by blocking the nose or mouth of another

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person.

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     SECTION 2. Section 12-29-2 of the General Laws in Chapter 12-29 entitled "Domestic

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Violence Prevention Act" is hereby amended to read as follows:

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     12-29-2. Definitions. -- (a) "Domestic violence" includes, but is not limited to, any of the

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following crimes when committed by one family or household member against another:

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      (1) Simple assault (section 11-5-3);

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      (2) Felony assaults (sections 11-5-1, 11-5-2, and 11-5-4);

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      (3) Vandalism (section 11-44-1);

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      (4) Disorderly conduct (section 11-45-1);

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      (5) Trespass (section 11-44-26);

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      (6) Kidnapping (section 11-26-1);

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      (7) Child-snatching (section 11-26-1.1);

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      (8) Sexual assault (sections 11-37-2, 11-37-4);

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      (9) Homicide (sections 11-23-1 and 11-23-3);

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      (10) Violation of the provisions of a protective order entered pursuant to section 15-5-19,

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chapter 15 of title 15, or chapter 8.1 of title 8 where the respondent has knowledge of the order

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and the penalty for its violation or a violation of a no contact order issued pursuant to section 12-

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29-4;

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      (11) Stalking (sections 11-59-1 et seq.);

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      (12) Refusal to relinquish or to damage or to obstruct a telephone (section 11-35-14);

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      (13) Burglary and Unlawful Entry (section 11-8-1 et seq.);

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      (14) Arson (section 11-4-2 et seq.); and

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      (15) Cyberstalking and cyberharassment (section 11-52-4.2). ; and

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      (16) Domestic assault by strangulation section 11-5-2.3.

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      (b) "Family or household member" means spouses, former spouses, adult persons related

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by blood or marriage, adult persons who are presently residing together or who have resided

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together in the past three (3) years, and persons who have a child in common regardless of

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whether they have been married or have lived together, or if persons who are or have been in a

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substantive dating or engagement relationship within the past one year which shall be determined

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by the court's consideration of the following factors:

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      (1) the length of time of the relationship;

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      (2) the type of the relationship;

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      (3) the frequence of the interaction between the parties.

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      (c) "Protective order" means an order issued pursuant to section 15-5-19, chapter 15 of

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title 15, or chapter 8.1 of title 8.

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      (d) "Victim" means a family or household member who has been subjected to domestic

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violence.

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     SECTION 3. This act shall take effect upon passage.

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LC00184/SUB A

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO CRIMINAL OFFENSES - ASSAULTS

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     This act would make domestic assault by strangulation a felony punishable by

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imprisonment for not more than twenty (20) years.

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     This act would take effect upon passage.

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LC00184/SUB A

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