2014 -- H 8034

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LC005339

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO DOMESTIC RELATIONS -- DOMESTIC ABUSE PREVENTION

     Introduced By: Representatives Ajello, and Cimini

     Date Introduced: April 09, 2014

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 15-15-5 of the General Laws in Chapter 15-15 entitled "Domestic

Abuse Prevention" is hereby amended to read as follows:

     15-15-5. Duties of police officers. -- (a) Whenever any police officer has reason to

believe that a family member or parent has been abused, that officer shall use all reasonable

means to prevent further abuse, including:

      (1) Remaining on the scene as long as there is a danger to the physical safety of the

person or until the person is able to leave the dwelling unit;

      (2) Assisting the person in obtaining medical treatment necessitated by an assault,

including obtaining transportation to an emergency medical treatment facility;

      (3) Giving the person immediate and adequate notice of his or her rights under this

chapter;

      (4) Arresting the abusive person pursuant to the arrest provisions in section 12-29-3; and

      (5) Reporting any physical injury to a minor child or a threat to physically injure a minor

child within twenty-four (24) hours of his or her investigation to CANTS (Child abuse and

neglect tracking system). ; and

     (6) Temporarily seize any weapon that is alleged to have been used, or threatened to be

used, by the alleged abuser in the commission of alleged domestic abuse, or in the alleged

abuser's control, ownership, or possession if said weapon is in plain view, or was found pursuant

to consent to search. For purposes of this section "weapon" means any firearm, ammunition, or

other deadly weapon.

     (i) If a weapon is seized under subsection (a)(6) of this section, the police officer shall

provide for the safe storage of the weapon at the police station during the pendency of the

criminal proceeding related to the alleged act of domestic abuse.

     (ii) Said seized weapon shall not be returned to any individual convicted of any crime

involving domestic abuse, pursuant to 18 U.S.C. 922(g)(9).

     (iii) Said seized weapon shall not be returned to any individual who pleads nolo

contendere to any crime involving domestic abuse.

     (iv) Said seized weapon shall immediately be returned at the conclusion of the criminal

proceeding related to the alleged act of domestic abuse if the person is acquitted after trial, or if

such charges are dismissed.

     (v) The lawful owner of a seized weapon may petition the court with jurisdiction over the

criminal proceeding related to the alleged act of domestic abuse for the return of a seized weapon,

prior to the resolution of that criminal proceeding. The court shall conduct a hearing on the lawful

owner's petition within seven (7) days of the filing of said petition. The court may order the return

of a seized weapon provided that the court makes a determination that:

     (A) The lawful owner is not the defendant in the pending criminal proceedings related to

the alleged act of domestic abuse; and

     (B) The return of the weapon would not pose a danger to the alleged victim, the person

who reported the alleged assault, or any other person in the household.

     (vi) Police shall notify the alleged victim of domestic abuse at least twenty-four (24)

hours prior to the return of any seized weapon.

     (vii) A police officer shall not be liable for any act or omission made in the good faith

exercise of the officer's duties under this section.

      (b) Notice by the police officer to the victim shall be by handing the victim a copy of the

following statement written in English, Portuguese, Spanish, Cambodian, Hmong, Laotian,

Vietnamese, and French, and by reading the statement to the person when possible:

      SPOUSE, FORMER SPOUSE, BLOOD RELATIVE, CHILDREN IN COMMON,

MINORS IN SUBSTANTIVE DATING OR ENGAGEMENT RELATIONSHIP.

     "If your attacker is your spouse, former spouse, or person to whom you are related by

blood or marriage, or if you are not married to your attacker but have a child in common, or if

you and/or your attacker is a minor who have been in a substantive dating or engagement

relationship within the past six (6) months, you have the right to go to the family court and

request:

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      "(1) An order restraining your attacker from abusing you or your minor child;

      "(2) An order awarding you exclusive use of your marital domicile;

      "(3) An order awarding you custody of your minor child."

      UNMARRIED/NOT RELATED COHABITANTS WITHIN THE PAST THREE

YEARS, OR HAVE BEEN IN A SUBSTANTIVE DATING OR ENGAGEMENT

RELATIONSHIP WITHIN THE PAST SIX (6) MONTHS

      "If you are not married or related to your attacker, but have resided with him or her

within the past three (3) years, or you are in or have been in a substantive dating or engagement

relationship with your attacker within the past six (6) months, you have the right to go to the

district court and request:

      "(1) An order restraining your attacker from abusing you;

      "(2) An order directing your attacker to leave your household, unless he or she has the

sole legal interest in the household."

      ADDITIONAL RIGHTS.

      "If you are in need of medical treatment, you have the right to have the officer present

obtain transportation to an emergency medical treatment facility.

      "If you believe that police protection is needed for your physical safety, you have the

right to have the officer present remain at the scene until you and your children can leave or until

your safety is otherwise ensured.

      "You have the right to file a criminal complaint with the responding officer or your local

police department if the officer has not arrested the perpetrator."

      (c) A police officer shall ensure enforcement of the terms of a protective order issued

pursuant to this chapter including, but not limited to, accompanying a family member or parent to

his or her dwelling or residence in order to secure possession of the dwelling or residence.

      (d) When service of the temporary order issued pursuant to section 15-15-4 has not been

made and/or after a permanent order is entered, a police officer shall give notice of the order to

the defendant by handing him or her a certified copy of the order. The officer shall indicate that

he or she has given notice by writing on plaintiff 's copy of the order and the police department's

copy of the order, the date and time of giving notice and the officer's name and badge number.

The officer shall indicate on the offense report that actual notice was given.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO DOMESTIC RELATIONS -- DOMESTIC ABUSE PREVENTION

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     This act would authorize police officers to seize weapons from the scene of alleged

instances of alleged domestic abuse. The act would set forth provisions for the return of seized

weapons depending on the resolution of the criminal proceeding, with notice to the victim of

domestic assault.

     This act would take effect upon passage.

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