2016 -- S 2492 | |
======== | |
LC004255 | |
======== | |
STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2016 | |
____________ | |
A N A C T | |
RELATING TO CRIMINAL OFFENSES -- WEAPONS | |
| |
Introduced By: Senators Coyne, Nesselbush, Paiva Weed, Conley, and Goodwin | |
Date Introduced: February 25, 2016 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Chapter 11-47 of the General Laws entitled "Weapons" is hereby amended |
2 | by adding thereto the following section: |
3 | 11-47-5.3. Surrender of firearms by persons convicted of domestic violence offenses. |
4 | -- (a) Pleading nolo contendere to or conviction of an offense under §12-29-2 which is punishable |
5 | as a felony shall prohibit the defendant from purchasing, owning, carrying, transporting, or |
6 | having in their possession or control any firearm. Upon such a plea or conviction, the court shall |
7 | issue an order declaring that the defendant surrender all firearms owned by the defendant, or in |
8 | the defendant’s possession, care, custody or control as described in this section. |
9 | (1) Surrender shall be made within twenty-four (24) hours of prohibition to the Rhode |
10 | Island state police or local police department or to a federally licensed firearms dealer. A law |
11 | enforcement agency or federally licensed firearms dealer taking possession of a firearm shall |
12 | issue proof of surrender to the person surrendering the firearm(s). The proof of surrender must |
13 | include the name of the person, the date of surrender, the serial number, the manufacturer, and |
14 | model of all surrendered firearms. |
15 | (2) The defendant shall, within forty-eight (48) hours after being served with the order, |
16 | either: |
17 | (i) File a copy of proof of surrender with the court and attest that all firearms owned by |
18 | the defendant or in the defendant’s possession, care, custody or control at the time of the plea or |
19 | conviction have been surrendered in accordance with this section and that the defendant currently |
| |
1 | owns no firearms or has any firearms in their care, custody or control; or |
2 | (ii) Attest that, at the time of the plea or conviction, the defendant owned no firearms and |
3 | had no firearms in their care, custody or control, and that the defendant currently owns no |
4 | firearms and has no firearms in their possession, care, custody or control. |
5 | (3)(i) If the defendant surrenders a firearm to a law enforcement agency, the law |
6 | enforcement agency shall follow the policies established by the police officer's commission on |
7 | standards and training for the return or disposal of the firearm. |
8 | (ii) The police officer's commission on standards and training shall establish policies for |
9 | the return or disposal of firearms that are surrendered pursuant to any court order provided that |
10 | such policies require that the defendant be notified of the return or disposal, and that the owner |
11 | receive any financial value received from the disposal, less the cost associated with taking |
12 | possession of, storing, and disposing of the firearm and provided that no disposal shall occur |
13 | while any appeal of the conviction is pending. |
14 | (4) If the defendant transfers a firearm to a federally licensed firearms dealer pursuant to |
15 | this section, that federally licensed firearms dealer may dispose of the firearm in any manner |
16 | permitted by state or federal law. |
17 | SECTION 2. Section 12-29-5 of the General Laws in Chapter 12-29 entitled "Domestic |
18 | Violence Prevention Act" is hereby amended to read as follows: |
19 | 12-29-5. Disposition of domestic violence cases. -- (a) Every person convicted of or |
20 | placed on probation for a crime involving domestic violence or whose case is filed pursuant to § |
21 | 12-10-12 where the defendant pleads nolo contendere, in addition to any other sentence imposed |
22 | or counseling ordered, shall be ordered by the judge to attend, at his or her own expense, a |
23 | batterer's intervention program appropriate to address his or her violent behavior; provided, |
24 | however, that the court may permit a servicemember or veteran to complete any court-approved |
25 | counseling program administered or approved by the Veterans' Administration. This order shall |
26 | be included in the conditions of probation. Failure of the defendant to comply with the order shall |
27 | be a basis for violating probation and/or the provisions of § 12-10-12. This provision shall not be |
28 | suspended or waived by the court. |
29 | (b) Every person convicted of or placed on probation for a crime involving domestic |
30 | violence, as enumerated in § 12-29-2 or whose case if filed pursuant to § 12-10-12 where the |
31 | defendant pleads guilty or nolo contendere, in addition to other court costs or assessments |
32 | imposed, shall be ordered to pay a one hundred twenty-five dollar ($125) assessment. Eighty |
33 | percent (80%) of the assessment collected pursuant to this section shall be provided to the Rhode |
34 | Island Coalition Against Domestic Violence for programs to assist victims of domestic violence |
| LC004255 - Page 2 of 5 |
1 | and twenty percent (20%) of the assessment shall be deposited as general revenue. |
2 | (c) (1) Every person convicted of an offense punishable as a misdemeanor involving |
3 | domestic violence as defined in § 12-29-2 shall: |
4 | (i) For a second violation be imprisoned for a term of not less than ten (10) days and not |
5 | more than one year. |
6 | (ii) For a third and subsequent violation be deemed guilty of a felony and be imprisoned |
7 | for a term of not less than one year and not more than ten (10) years. |
8 | (2) No jail sentence provided for under this section can be suspended. |
9 | (3) Nothing in this subsection shall be construed as limiting the discretion of the judges |
10 | to impose additional sanctions authorized in sentencing. |
11 | (d) For the purposes of this section, "batterers intervention program" means a program |
12 | which is certified by the batterers intervention program standards oversight committee according |
13 | to minimum standards, pursuant to §§ 12-29-5.1, 12-29-5.2, and 12-29-5.3. |
14 | (e) For purposes of this section, "servicemember" means a person who is presently |
15 | serving in the armed forces of the United States including the Coast Guard, a reserve component |
16 | thereof, or the National Guard. "Veteran" means a person who has served in the armed forces, |
17 | including the Coast Guard of the United States, a reserve component thereof, or the National |
18 | Guard, and has been discharged under other than dishonorable conditions. |
19 | (f) The court shall indicate on every record of conviction or a plea of nolo contendere for |
20 | an offense punishable as a felony involving domestic violence, as defined in §12-29-2, that the |
21 | defendant is prohibited under §§11-47-5 and 11-47-5.3 from purchasing, owning, carrying, |
22 | transporting, or having in their possession, any firearm. The court shall inform the defendant of |
23 | their prohibited status and shall order the defendant to surrender any firearms in their ownership, |
24 | possession, care, custody or control in accordance with §11-47-5.3. |
25 | (g) The defendant may, within sixty (60) days of the surrender of any firearm(s) pursuant |
26 | to this section, petition the court to transfer the surrendered firearm(s) to an eligible third party. |
27 | The court may transfer any firearm(s) surrendered to an eligible third party if, after a hearing, the |
28 | court determines that: |
29 | (i) There is no legal prohibition against the intended recipient or transferee from owning |
30 | or possessing a firearm; and |
31 | (ii) The transfer would not endanger any victim. |
32 | (h) No proceeds shall be provided to any person if the firearm(s) is destroyed pursuant to |
33 | this section. |
34 | (i) Any firearm(s) used in the commission of the offense leading to the conviction and |
| LC004255 - Page 3 of 5 |
1 | surrender pursuant to this this section shall be forfeited to the state upon conviction. |
2 | SECTION 3. This act shall take effect on January 1, 2017. |
======== | |
LC004255 | |
======== | |
| LC004255 - Page 4 of 5 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO CRIMINAL OFFENSES -- WEAPONS | |
*** | |
1 | This act would require that any person convicted of a felony domestic offense be ordered |
2 | by the court to surrender all firearms in their possession, care, custody or control to either the |
3 | state or local police, or federally licensed firearms dealer and that they file proof of surrender of |
4 | those firearms with the court having jurisdiction over the case. |
5 | This act would take effect on January 1, 2017. |
======== | |
LC004255 | |
======== | |
| LC004255 - Page 5 of 5 |