2017 -- S 0766

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LC002298

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO DOMESTIC RELATIONS -- UNIFORM RECOGNITION AND

ENFORCEMENT OF CANADIAN DOMESTIC VIOLENCE PROTECTION ORDERS ACT

     Introduced By: Senator Maryellen Goodwin

     Date Introduced: April 12, 2017

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 15 of the General Laws entitled "DOMESTIC RELATIONS" is

hereby amended by adding thereto the following chapter:

CHAPTER 15.2

UNIFORM RECOGNITION AND ENFORCEMENT OF CANADIAN DOMESTIC

VIOLENCE PROTECTION ORDERS ACT

     15-15.2-1. Short title.

     This chapter shall be known and may be cited as the "Uniform Recognition and

Enforcement of Canadian Domestic Violence Protection Order Act."

     15-15.2-2. Definitions.

     As used in this chapter:

     (1) "Canadian domestic violence protection order" means a judgment or part of a

judgment or order issued in a civil proceeding by a court of Canada under law of the issuing

jurisdiction which relates to domestic violence and prohibits a respondent from:

     (i) Being in physical proximity to a protected individual or following a protected

individual;

     (ii) Directly or indirectly contacting or communicating with a protected individual or

other individual described in the order;

     (iii) Being within a certain distance of a specified place or location associated with a

protected individual; or

     (iv) Molesting, annoying, harassing, or engaging in threatening conduct directed at a

protected individual.

     (2) "Domestic protection order" means an injunction or other order issued by a tribunal

which relates to domestic or family violence laws to prevent an individual from engaging in

violent or threatening acts against, harassment of, direct or indirect contact or communication

with, or being in physical proximity to another individual.

     (3) "Issuing court" means the court that issues a Canadian domestic violence protection

order.

     (4) "Law enforcement officer" means an individual authorized by the law of this state

other than this chapter to enforce a domestic protection order.

     (5) "Person" means an individual, estate, business or nonprofit entity, public corporation,

government or governmental subdivision, agency, or instrumentality, or other legal entity.

     (6) "Protected individual" means an individual protected by a Canadian domestic

violence protection order.

     (7) "Record" means information that is inscribed on a tangible medium or that is stored in

an electronic or other medium and is retrievable in perceivable form.

     (8) "Respondent" means an individual against whom a Canadian domestic violence

protection order is issued.

     (9) "State" means a state of the United States, the District of Columbia, Puerto Rico, the

United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of

the United States.

     (10) "Tribunal" means a court, agency, or other entity authorized by law of this state

other than this chapter to establish, enforce, or modify a domestic protection order.

     15-15.2-3. Enforcement of Canadian domestic violence protection order by law

enforcement officer.

     (a) If a law enforcement officer determines under subsection (b) or (c) of this section that

there is probable cause to believe a valid Canadian domestic violence protection order exists and

the order has been violated, the officer shall enforce the terms of the Canadian domestic violence

protection order as if the terms were in an order of a Rhode Island tribunal. Presentation to a law

enforcement officer of a certified copy of a Canadian domestic violence protection order is not

required for enforcement.

     (b) Presentation to a law enforcement officer of a record of a Canadian domestic violence

protection order that identifies both a protected individual and a respondent and on its face is in

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effect constitutes probable cause to believe that a valid order exists.

     (c) If a record of a Canadian domestic violence protection order is not presented as

provided in subsection (b) of this section, a law enforcement officer may consider other

information in determining whether there is probable cause to believe that a valid Canadian

domestic violence protection order exists.

     (d) If a law enforcement officer determines that an otherwise valid Canadian domestic

violence protection order cannot be enforced because the respondent has not been notified of or

served with the order, the officer shall notify the protected individual that the officer will make

reasonable efforts to contact the respondent, consistent with the safety of the protected individual.

After notice to the protected individual and consistent with the safety of the individual, the officer

shall make a reasonable effort to inform the respondent of the order, notify the respondent of the

terms of the order, provide a record of the order, if available, to the respondent, and allow the

respondent a reasonable opportunity to comply with the order before the officer enforces the

order.

     (e) If a law enforcement officer determines that an individual is a protected individual,

the officer shall inform the individual of available local victim services.

     15-15.2-4. Enforcement of Canadian domestic violence protection order by tribunal.

     (a) A Rhode Island tribunal may issue an order enforcing or refusing to enforce a

Canadian domestic violence protection order on application of:

     (1) A person authorized by the law of this state other than this chapter to seek

enforcement of a domestic protection order; or

     (2) A respondent.

     (b) In a proceeding under subsection (a) of this section, the tribunal shall follow the

procedures of this state for enforcement of a domestic protection order. An order entered under

this section is limited to the enforcement of the terms of the Canadian domestic violence

protection order as described in §15-15.2-2.

     (c) A Canadian domestic violence protection order is enforceable under this section if:

     (1) The order identifies a protected individual and a respondent;

     (2) The order is valid and in effect;

     (3) The issuing court had jurisdiction over the parties and the subject matter under law

applicable in the issuing court; and

     (4) The order was issued after:

     (i) The respondent was given reasonable notice and had an opportunity to be heard before

the court issued the order; or

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     (ii) in the case of an ex parte order, the respondent was given reasonable notice and had

or will have an opportunity to be heard within a reasonable time after the order was issued, in a

manner consistent with the right of the respondent to due process.

     (d) A Canadian domestic violence protection order valid on its face is prima facie

evidence of its enforceability under this section.

     (e) A claim that a Canadian domestic violence protection order does not comply with

subsection (c) of this section is an affirmative defense in a proceeding seeking enforcement of the

order. If the tribunal determines that the order is not enforceable, the tribunal shall issue an order

that the Canadian domestic violence protection order is not enforceable under this section and

§15-15.2-3 and may not be registered under §15-15.2-5.

     (f) This section applies to enforcement of a provision of a Canadian domestic violence

protection order against a party to the order in which each party is a protected individual and

respondent only if:

     (1) The party seeking enforcement of the order filed a pleading requesting the order from

the issuing Rhode Island tribunal; and

     (2) The Rhode Island tribunal made specific findings that entitled the party to the

enforcement sought.

     15-15.2-5. Registration of Canadian domestic violence protection order.

     (a) An individual may register a Canadian domestic violence protection order in this

state. To register the order, the individual must present a certified copy of the order to a law

enforcement officer.

     (b) Registration in this state or filing under law of this state other than this chapter of a

Canadian domestic violence protection order is not required for its enforcement under this

chapter.

     15-15.2-6. Immunity.

     The state, state agency, local governmental agency, law enforcement officer, prosecuting

attorney, clerk of court, and state or local governmental official acting in an official capacity are

immune from civil and criminal liability for an act or omission arising out of the registration or

enforcement of a Canadian domestic violence protection order or the detention or arrest of an

alleged violator of a Canadian domestic violence protection order if the act or omission was a

good faith effort to comply with this chapter.

     15-15.2-7. Other remedies.

     An individual who seeks a remedy under this chapter may seek all other legal or

equitable remedies available to that individual.

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     15-15.2-8. Uniformity of application and construction.

     In applying and construing this uniform act, consideration must be given to the need to

promote uniformity of the law with respect to its subject matter among states that enact it.

     15-15.2-9. Relation to electronic signatures in global and national commerce act.

     This chapter modifies, limits, or supersedes the Electronic Signatures in Global and

National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede

Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of

the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b ).

     15-15.2-10. Application.

     This chapter applies to a Canadian domestic violence protection order issued before, on,

or after the effective date of this chapter and to a continuing action for enforcement of a Canadian

domestic violence protection order commenced before, on, or after the effective date of this

chapter. A request for enforcement of a Canadian domestic violence protection order made on or

after the effective date of this chapter for a violation of the order occurring before, on, or after the

effective date of this chapter is governed by this chapter.

     15-15.2-11. Severability.

     If any provision of this chapter or its application to any person or circumstance is held

invalid, the invalidity does not affect other provisions or applications of this chapter which can be

given effect without the invalid provision or application, and to this end the provisions of this

chapter are severable.

     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 -- UNIFORM RECOGNITION AND

ENFORCEMENT OF CANADIAN DOMESTIC VIOLENCE PROTECTION ORDERS ACT

***

     This act would enact the Uniform Recognition of Canadian Domestic Violence

Protection Orders Act to promote uniformity of the law among states that enact it.

     This act would take effect upon passage.

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