2023 -- H 5917

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LC001442

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO DOMESTIC RELATIONS -- THE ROURKE ACT

     Introduced By: Representatives Henries, Sanchez, Felix, Morales, Stewart, and Alzate

     Date Introduced: March 01, 2023

     Referred To: House 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 31

THE ROURKE ACT

     15-31-1. Short title.

     This chapter shall be known and may be cited as “The Rourke Act”.

     15-31-2. Legislative findings.

     (1) Domestic assault survivors deserve housing, culturally-sensitive support, and human

dignity.

     (2) There are excellent nonprofit organizations in Rhode Island that provide critical

supportive services for domestic assault survivors, but these organizations are generally

overwhelmed and under-resourced.

     (3) Our state government has a moral obligation to expand support for domestic assault

survivors and to expand funding for nonprofit organizations supporting survivors.

     (4) Domestic assault perpetrators should have to stay at least one hundred feet (100’) away

from the survivor’s home and from the survivor’s child’s school.

     (5) Domestic assault perpetrators should not be permitted to own, possess, or carry

firearms.

     (6) Domestic assault survivors should not have to file a police report to participate in the

crime victim compensation program.

     15-31-3. Definitions.

     For purposes of this chapter, the following terms shall have the following meanings:

     (1) “Nonprofit supportive services organization” means an organization, with a certified

501(c)(3) IRS status, that provides culturally-sensitive services to survivors of domestic violence,

sexual assault, or human trafficking. These services may include providing emergency shelter to

survivors, helping survivors find new permanent housing, providing survivors with mental and

emotional health support, and helping survivors’ children find safe schools to attend.

     (2) “Survivor support fund” means the restrictive funds account, established in § 15-31-4,

designed to disburse grants to nonprofit supportive services organizations.

     15-31-4. Survivor support fund established.

     The Rhode Island department of human services shall establish a restricted receipt account

which shall be known as the survivor support fund.

     15-31-5. Survivor support fund capitalization.

     The survivor support fund shall be initially capitalized with a five million dollar

($5,000,000) appropriation from the general assembly and an annual appropriation of not less than

five million dollars ($5,000,000) thereafter.

     15-31-6. Police report requirement revoked.

     The crime victim compensation program shall no longer require applicants to file a police

report.

     15-31-7. Survivor protection monitoring.

     (a) Every person who has been convicted of domestic assault shall be prohibited from being

within one hundred feet (100’) of the domestic assault survivor’s residence or the domestic assault

survivor’s child’s school.

     (b) In order to enforce this requirement, every person who has been convicted of domestic

assault shall be required to wear an ankle bracelet, the sole purpose of which is to transmit their

location to ensure that they do not violate subsection (a) of this section. The individual’s location

data may not be used for any other purpose other than to ensure that they remain more than one

hundred feet (100’) away from the domestic assault survivor’s residence and, if applicable, the

domestic assault survivor’s child’s school. The location data shall be monitored exclusively by the

department of human services.

     (c) The department of human services shall develop tracking and monitoring systems to

ensure compliance with subsections (a) and (b) of this section.

     15-31-8. Domestic assault perpetrator weapon confiscation.

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     Individuals who have been convicted of domestic violence, as defined in § 12-29-2, are not

permitted to own, possess, or carry firearms in the State of Rhode Island.

     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 -- THE ROURKE ACT

***

     This act would establish The Rourke Act which creates a survivor support fund with an

annual appropriation of not less than five million dollars ($5,000,000) for the survivors of domestic

assault, and prohibits any individual convicted of domestic assault from being within one hundred

feet (100’) of the domestic assaults survivor’s residence, or if applicable, the survivor’s child’s

school. This act would further declare that individuals who have been convicted of domestic

violence are not permitted to own, possess or carry firearms.

     This act would take effect upon passage.

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