2022 -- H 8012

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LC004736

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE--COURTS -- EXTREME RISK

PROTECTION ORDERS

     Introduced By: Representatives Felix, Edwards, Solomon, Kazarian, Kislak, Alzate,
Cassar, C Lima, J Lombardi, and Noret

     Date Introduced: March 18, 2022

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 8-8.3-6 of the General Laws in Chapter 8-8.3 entitled "Extreme Risk

Protection Orders" is hereby amended to read as follows:

     8-8.3-6. Service of one-year extreme risk protection orders.

     (a) A one-year extreme risk protection order issued under this chapter shall be personally

served upon the respondent by the division of sheriffs. Provided, the division of sheriffs may

request the assistance of the state police with the service as needed. If the division of sheriffs cannot

complete service of the one-year extreme risk protection order upon the respondent within seven

(7) days of the order's issuance, the deputy sheriff shall notify the petitioner and the court. The

petitioner shall then seek an order for alternative service pursuant to this chapter. The division of

sheriffs shall not charge or accept any fee for effectuation of service of any extreme risk protection

order filed by any law enforcement agency located within the State of Rhode Island.

     (1) Any law enforcement agency that files an extreme risk protection order under this

chapter may transmit a copy of the petition and summons to the division of sheriffs by email,

facsimile or other electronic means. Any petition and summons, provided that it contains a seal of

the court in which it was filed, so transmitted, shall be considered a true and accurate copy and the

division of sheriffs shall not require that a hard or paper copy be hand delivered to its office before

effectuating service.

     (b) If the court determines that after diligent effort, personal service on the respondent with

or of any documents as required pursuant to this chapter cannot be made, then the court may order

an alternative method of service designed to give reasonable notice to the respondent. Alternative

service may include, but shall not be limited to: service by certified and regular mail at respondent's

last-known address or place of employment; leaving copies at the respondent's dwelling or usual

place of abode with a person of suitable age and discretion residing therein; or by affixing a

summons to the door of the respondent's residence. Provided, due to the nature of these

proceedings, notice shall not be given by publication in a newspaper.

     (c) In the event personal service of any order, notice, or other document issued pursuant to

this chapter cannot be obtained, the court shall have discretion to continue any extreme risk

protection order, and hearing thereon, as the court deems appropriate, until service can be made

upon the respondent.

     (d) Upon receipt of alternative service of any order, notice, or other document issued

pursuant to this chapter, the respondent shall comply with the order, notice, or document as if

personally served.

     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 COURTS AND CIVIL PROCEDURE--COURTS -- EXTREME RISK

PROTECTION ORDERS

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     This act would prohibit the division of sheriffs from charging or accepting any fees from

any Rhode Island law enforcement agency for effectuation of service of any extreme risk protection

order. It would also require the division of sheriffs to accept transmission of extreme risk protection

documents, petitions and summons, by email, facsimile or other electronic means.

     This act would take effect upon passage.

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LC004736

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