2015 -- S 0439

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LC001460

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO CRIMINAL PROCEDURE - DOMESTIC VIOLENCE PREVENTION ACT

     Introduced By: Senators Morgan, Kettle, Algiere, Raptakis, and Nesselbush

     Date Introduced: February 25, 2015

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 12-29-5 of the General Laws in Chapter 12-29 entitled "Domestic

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

     12-29-5. Disposition of domestic violence cases. -- (a) Every person convicted of or

placed on probation for a crime involving domestic violence or whose case is filed pursuant to §

12-10-12 where the defendant pleads nolo contendere, in addition to any other sentence imposed

or counseling ordered, shall be ordered by the judge to attend, at his or her own expense, a

batterer's intervention program appropriate to address his or her violent behavior; provided,

however, that the court may permit a servicemember or veteran to complete any court-approved

counseling program administered or approved by the Veterans' Administration. This order shall

be included in the conditions of probation. Failure of the defendant to comply with the order shall

be a basis for violating probation and/or the provisions of § 12-10-12. This provision shall not be

suspended or waived by the court.

      (b) Every person convicted of or placed on probation for a crime involving domestic

violence, as enumerated in § 12-29-2 or whose case if filed pursuant to § 12-10-12 where the

defendant pleads guilty or nolo contendere, in addition to other court costs or assessments

imposed, shall be ordered to pay a one hundred twenty-five dollar ($125) two hundred twenty-

five dollars ($225) assessment. Eighty percent (80%) of the assessment collected pursuant to this

section shall be provided to the Rhode Island Coalition Against Domestic Violence for programs

to assist victims of domestic violence and twenty percent (20%) of the assessment shall be

deposited as general revenue.

      (c) (1) Every person convicted of an offense punishable as a misdemeanor involving

domestic violence as defined in § 12-29-2 shall:

      (i) For a second violation be imprisoned for a term of not less than ten (10) days and not

more than one year.

      (ii) For a third and subsequent violation be deemed guilty of a felony and be imprisoned

for a term of not less than one year and not more than ten (10) years.

      (2) No jail sentence provided for under this section can be suspended.

      (3) Nothing in this subsection shall be construed as limiting the discretion of the judges

to impose additional sanctions authorized in sentencing.

      (d) For the purposes of this section, "batterers intervention program" means a program

which is certified by the batterers intervention program standards oversight committee according

to minimum standards, pursuant to §§ 12-29-5.1, 12-29-5.2, and 12-29-5.3.

      (e) For purposes of this section, "servicemember" means a person who is presently

serving in the armed forces of the United States including the Coast Guard, a reserve component

thereof, or the National Guard. "Veteran" means a person who has served in the armed forces,

including the Coast Guard of the United States, a reserve component thereof, or the National

Guard, and has been discharged under other than dishonorable conditions.

     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 CRIMINAL PROCEDURE - DOMESTIC VIOLENCE PREVENTION ACT

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     This act would increase the assessment collected from persons convicted of or placed on

probation for domestic violence from one hundred twenty-five dollars ($125) to two hundred

twenty-five ($225) dollars.

     This act would take effect upon passage.

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