2018 -- S 2459

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LC004494

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO DOMESTIC RELATIONS -- DOMESTIC ABUSE PREVENTION

     

     Introduced By: Senators Lombardi, McCaffrey, Ciccone, and Archambault

     Date Introduced: February 15, 2018

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 15-15-1 and 15-15-3 of the General Laws in Chapter 15-15 entitled

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"Domestic Abuse Prevention" are hereby amended to read as follows:

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     15-15-1. Definitions.

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     The following words as used in this chapter have the following meanings:

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     (1) "Course of conduct" means a pattern of conduct composed of a series of acts over a

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period of time, evidencing a continuity of purpose. Constitutionally protected activity is not

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included within the meaning of "course of conduct".

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     (2) "Courts" means the family court.

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     (3) "Cyberstalking" means transmitting any communication by computer to any person or

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causing any person to be contacted for the sole purpose of harassing that person or his or her

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family.

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     (4) "Domestic abuse" means:

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     the occurrence of one or more of the following acts between present or former family

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members, parents, stepparents, or persons who are or have been in a substantive dating or

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engagement relationship within the past one year in which at least one of the persons is a minor:

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     (i) Attempting to cause or causing physical harm;

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     (ii) Placing another in fear of imminent serious physical harm;

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     (iii) Causing another to engage involuntarily in sexual relations by force, threat of force,

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or duress; or

 

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     (iv) Stalking or cyberstalking.

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     (5) "Harassing" means following a knowing and willful course of conduct directed at a

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specific person with the intent to seriously alarm, annoy, or bother the person, and which serves

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no legitimate purpose. The course of conduct must be such as would cause a reasonable person to

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suffer substantial emotional distress, or be in fear of bodily injury.

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     (6) "Household pet" means a domesticated or tamed animal kept for companionship or

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pleasure.

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     (6)(7) "Parents" mean persons who together are the legal parents of one or more children,

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regardless of their marital status or whether they have lived together at any time.

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     (7)(8) "Present or former family member" means the spouse, former spouse, minor

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children, stepchildren, or persons who are related by blood or marriage.

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     (8)(9) "Sexual exploitation" means the occurrence of any of the following acts by any

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person who knowingly or willfully encourages, aids, or coerces any child under the age of

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eighteen (18) years:

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     (i) Recruiting, employing, enticing, soliciting, isolating, harboring, transporting,

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providing, persuading, obtaining, or maintaining, or so attempts, any minor for the purposes of

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commercial sex acts or sexually explicit performances; or selling or purchasing a minor for the

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purposes of commercial sex acts.

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     (A) "Commercial sex act" means any sex act or sexually explicit performance on account

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of which anything of value is given, promised to, or received, directly or indirectly, by any

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person.

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     (B) "Sexually-explicit performance" means an act or show, intended to arouse, satisfy the

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sexual desires of, or appeal to the prurient interests of patrons or viewers, whether public or

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private, live, photographed, recorded, or videotaped.

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     (9)(10) "Stalking" means harassing another person or willfully, maliciously and

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repeatedly following another person with the intent to place that person in reasonable fear of

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bodily injury.

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     (10)(11) "Substantive dating" or "engagement relationship" means a significant and

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personal/intimate relationship which shall be adjudged by the court's consideration by the

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following factors:

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     (i) The length of time of the relationship;

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     (ii) The type of relationship; and

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     (iii) The frequency of interaction between the parties.

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     15-15-3. Protective orders -- Penalty -- Jurisdiction.

 

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     (a) A person, or a parent, custodian, or legal guardian on behalf of a minor child or the

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director of the department of children, youth and families ("DCYF") or its designee for a child in

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the custody of DCYF, pursuant to §§ 40-11-7 and 40-11-7.1, suffering from domestic abuse or

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sexual exploitation as defined in § 15-15-1, may file a complaint in the family court requesting

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any order that will protect and support her or him from abuse or sexual exploitation, including,

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but not limited to, the following:

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     (1) Ordering that the defendant be restrained and enjoined from contacting, assaulting,

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molesting, sexually exploiting, or interfering with the plaintiff at home, on the street, or

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elsewhere, whether the defendant is an adult or a minor;

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     (2) Ordering the defendant to vacate the household immediately;

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     (3) Awarding the plaintiff custody of the minor children of the parties, if any;

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     (4) Awarding the plaintiff custody of the household pet(s), if any;

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     (4)(5) Ordering the defendant to surrender physical possession of all firearms in his or her

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possession, care, custody, or control and shall further order a person restrained not to purchase or

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receive, or attempt to purchase or receive, any firearms while the protective order is in effect. The

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defendant shall surrender said firearms within twenty-four (24) hours of notice of the protective

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order to the Rhode Island state police or local police department or to a federally licensed

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firearms dealer.

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     (i) A person ordered to surrender possession of any firearm(s) pursuant to this section

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shall, within seventy-two (72) hours after being served with the order, either:

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     (A) File with the court a receipt showing the firearm(s) was physically surrendered to the

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Rhode Island state police or local police department, or to a federally licensed firearms dealer; or

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     (B) Attest to the court that, at the time of the order, the person had no firearms in his or

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her immediate physical possession or control, or subject to their immediate physical possession or

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control, and that the person, at the time of the attestation, has no firearms in their immediate

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physical possession or control, or subject to their immediate physical possession or control.

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     (ii) If a person restrained under this section transfers a firearm(s) to a federally licensed

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firearms dealer pursuant to this section, the person restrained under this section may instruct the

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federally licensed firearms dealer to sell the firearm(s) or to transfer ownership, in accordance

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with state and federal law, to a qualified named individual who is not a member of the person's

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dwelling house, who is not related to the person by blood, marriage, or relationship as defined by

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§ 15-15-1(7), and who is not prohibited from possessing firearms under state or federal law. The

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owner of any firearm(s) sold shall receive any financial value received from its sale, less the cost

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associated with taking possession of, storing, and transferring of the firearm(s).

 

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     (iii) Every individual to whom ownership of a firearm(s) is transferred pursuant to this

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subsection shall be prohibited from transferring or returning any firearm(s) to the person

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restrained under this section while the protective order remains in effect and shall be informed of

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this prohibition, Any knowing violation of this subsection is a felony that shall be punishable by a

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fine of not more than one thousand dollars ($1,000), or by imprisonment for a term of not less

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than one year and not more than five (5) years, or both.

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     (iv) An individual to whom ownership of a firearm(s) is transferred pursuant to this

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subsection shall return a firearm(s) to the person formerly restrained under this section only if the

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person formerly restrained under this section provides documentation issued by a court indicating

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that the restraining order issued pursuant to this section that prohibited the person from

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purchasing, carrying, transporting, or possessing firearms has expired and has not been extended;

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     (5)(6) After notice to the respondent and a hearing, ordering either party to make

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payments for the support of a minor child or children of the parties as required by law for a period

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not to exceed ninety (90) days, unless the child support order is for a child or children receiving

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public assistance pursuant to chapter 5.1 of title 40. In these cases, legal counsel for the division

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of taxation, child support enforcement, shall be notified as a party in interest to appear for the

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purpose of establishing a child support order under a new or existing docket number previously

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assigned to the parties and not under the protective docket number. The child support order shall

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remain in effect until the court modifies or suspends the order.

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     (b) After notice to the respondent and a hearing, which shall be held within fifteen (15)

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days of surrendering said firearms, the court, in addition to any other restrictions, may, for any

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protective order issued after or renewed on or after July 1, 2017, continue the order of surrender,

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and shall further order a person restrained under this section not to purchase or receive, or attempt

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to purchase or receive, any firearms while the protective order is in effect.

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     (c) The Family Court shall provide a notice on all forms requesting a protective order that

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a person restrained under this section shall be ordered pursuant to § 11-47-5 to surrender

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possession of any firearms while the protective order is in effect. The form shall further provide

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that any person who has surrendered his or her firearms shall be afforded a hearing within fifteen

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(15) days of surrendering his or her firearms.

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     (d) Any firearm surrendered in accordance with this section to the Rhode Island state

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police or local police department shall be returned to the person formerly restrained under this

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section upon his or her request when:

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     (1) The person formerly restrained under this section produces documentation issued by a

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court indicating that the restraining order issued pursuant to this section that prohibited the person

 

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from purchasing, carrying, transporting, or possessing firearms has expired and has not been

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extended; and

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     (2) The law enforcement agency in possession of the firearms determined that the person

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formerly restrained under this section is not otherwise prohibited from possessing a firearm under

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state or federal law.

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     (3) The person required to surrender their firearms pursuant to this section shall not be

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responsible for any costs of storage of any firearms surrendered pursuant to this section.

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     (e) The Rhode Island state police are authorized to develop rules and procedures

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pertaining to the storage and return of firearms surrendered to the Rhode Island state police or

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local police departments pursuant to this section. The Rhode Island state police may consult with

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the Rhode Island Police Chiefs' Association in developing rules and procedures.

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     (f) Nothing in this section shall be construed to limit, expand, or in any way modify

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orders issued under § 12-29-7 or § 15-5-19.

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     (g) Nothing in this section shall limit a defendant's right under existing law to petition the

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court at a later date for modification of the order.

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     (h) The court shall immediately notify the person suffering from domestic abuse whose

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complaint gave rise to the protective order, and the law enforcement agency where the person

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restrained under this section resides, of the hearing.

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     (i) The person suffering from domestic abuse, local law enforcement, and the person

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restrained under this section shall all have an opportunity to be present and to testify when the

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court considers the petition.

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     (j) At the hearing, the person restrained under this section shall have the burden of

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showing, by clear and convincing evidence, that, if his or her firearm rights were restored, he or

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she would not pose a danger to the person suffering from domestic abuse or to any other person.

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     (1) In determining whether to restore a person's firearm rights, the court shall examine all

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relevant evidence, including, but not limited to: the complaint seeking a protective order; the

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criminal record of the person restrained under this section; the mental health history of the person

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restrained under this section; any evidence that the person restrained under this section has, since

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being served with the order, engaged in violent or threatening behavior against the person

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suffering from domestic abuse or any other person.

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     (2) If the court determines, after a review of all relevant evidence and after all parties

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have had an opportunity to be heard, that the person restrained under this section would not pose

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a danger to the person suffering from domestic abuse or to any other person if his or her firearm

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rights were restored, then the court may grant the petition and modify the protective order and lift

 

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the firearm prohibition.

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     (3) If the court lifts a person's firearms prohibition pursuant to this subsection, the court

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shall issue the person written notice that he or she is no longer prohibited under this section from

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purchasing or possessing firearms while the protective order is in effect.

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     (k) The prohibition against possessing a firearm(s) due solely to the existence of a

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domestic violence restraining order issued under this section shall not apply with respect to sworn

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peace officers as defined in § 12-7-21 and active members of military service, including members

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of the reserve components thereof, who are required by law or departmental policy to carry

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departmental firearms while on duty or any person who is required by his or her employment to

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carry a firearm in the performance of his or her duties. Any individual exempted pursuant to this

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exception may possess a firearm only during the course of his or her employment. Any firearm

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required for employment must be stored at the place of employment when not being possessed for

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employment use; all other firearm(s) must be surrendered in accordance with this section.

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     (l) Upon motion by the plaintiff, his or her address shall be released only at the discretion

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of the family court judge.

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     (m) (1) Any violation of the protective orders in subsection (a) of this section shall

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subject the defendant to being found in contempt of court.

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     (2) The contempt order shall not be exclusive and shall not preclude any other available

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civil or criminal remedies. Any relief granted by the court shall be for a fixed period of time not

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to exceed three (3) years, at the expiration of which time the court may extend any order, upon

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motion of the plaintiff, for any additional time, that it deems necessary to protect the plaintiff

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from abuse. The court may modify its order at any time upon motion of either party.

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     (n) (1) Any violation of a protective order under this chapter of which the defendant has

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actual notice shall be a misdemeanor that shall be punished by a fine of no more than one

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thousand dollars ($1,000) or by imprisonment for not more than one year, or both.

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     (2) The penalties for violation of this section shall also include the penalties as provided

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by § 12-29-5.

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     (o) Actual notice means that the defendant has received a copy of the order by service or

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by being handed a copy of the order by a police officer pursuant to § 15-15-5(d).

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     (p) (1) The district court shall have criminal jurisdiction over all adult violations of this

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chapter.

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     (2) The family court shall have jurisdiction over all juvenile violations of this chapter.

 

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     SECTION 2. This act shall take effect upon passage.

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LC004494

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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 permit the family court to award custody of household pets to the plaintiff

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in a domestic abuse complaint.

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     This act would take effect upon passage.

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LC004494

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