2019 -- S 0459

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LC001700

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE - COURTS - DOMESTIC ASSAULT

     Introduced By: Senators Goodwin, Lynch Prata, Coyne, Valverde, and Goldin

     Date Introduced: February 27, 2019

     Referred To: Senate Judiciary

     (Judiciary)

It is enacted by the General Assembly as follows:

     SECTION 1. Section 8-8.1-5 of the General Laws in Chapter 8-8.1 entitled "Domestic

Assault" is hereby amended to read as follows:

     8-8.1-5. Duties of police officers.

     (a) Whenever any police officer has reason to believe that a cohabitant or minor 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 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 person pursuant to the arrest provisions as contained in § 12-29-3.

     (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; minor(s) in a substantive

dating or engagement relationship:

     "If your attacker is your spouse, former spouse, 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 are a minor who have been in a substantive dating or engagement

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

and ask the court to issue an order restraining your attacker from abusing you or your minor

child; you have the right to go to the family court and request:

     (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 (3) years or substantive dating or

engagement relationship within past six (6) months one year:

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

within the past three (3) years, 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 she or he has the sole

legal interest in the household."

     "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 insured."

     "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 the protective order issued

pursuant to this chapter including but not limited to accompanying a cohabitant to his or her

dwelling or residence in order to secure possession of the dwelling or residence when a vacate

order against the defendant has been issued.

     (d) When service of the temporary order issued pursuant to § 8-8.1-4 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. 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.

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     (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 § 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).

     (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 one year, you have the right to go to the family court

and request:

     "(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 ONE YEAR

     "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 one year, 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

LC001700 - Page 3 of 5

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 § 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 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE - COURTS - DOMESTIC ASSAULT

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     This act would update the language required to be given by police officers when

responding to domestic abuse calls.

     This act would take effect upon passage.

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