Introduced By: Senators Damiani, Polisena, Goodwin, Enos, Paiva Weed, et al
Date Introduced : January 7, 1998
Referred To: Senate Committee on Judiciary
It is enacted by the General Assembly as follows:
SECTION 1. Title 12 of the General Laws entitled "Criminal Procedure" is hereby amended by adding thereto the following chapter:
{ADD 12-29.1-1 Short title. --ADD} {ADDThis chapter shall be known and may be cited as the Elderly Violence Prevention Act. ADD}
{ADD 12-29.1-2. Legislative purpose. --ADD} {ADD(a) The purpose of this chapter is to recognize the importance of violence against the elderly as a serious crime against society and to assure elderly victims of violence the maximum protection from violence which the law and those who enforce the law can provide. ADD}
{ADD (b) It is the intent of the legislature that the official response to cases of crimes of violence against the elderly shall stress the enforcement of the laws to protect the victim and shall communicate the attitude that violent behavior is not excused or tolerated. ADD}
{ADD 12-29.1-3. Definitions. -- ADD} {ADDThe following words as used in this chapter shall have the following meanings: ADD}
{ADD (a) "Violent crimes", includes, but is not limited to, any of the following crimes: ADD}
{ADD (1) Breaking and entering (Sections 11-8-2.3) ADD}
{ADD (2) Felony assaults (Sections 11-5-1, 11-5-2, 11-5-4, 11-5-10, 11-5-10.1, 11-5-10.4) ADD}
{ADD (3) Simple Assaults (Section 11-5-3) ADD}
{ADD (4) Kidnapping (Section 11-26-1); ADD}
{ADD (5) Sexual Assault (Sections 11-37-2, 11-37-4; and ADD}
{ADD (6) Homicide (Sections 11-23-1 and 11-23-3). ADD}
{ADD (b) The words "elderly person" shall mean any person over the age of sixty (60) years. ADD}
{ADD (c) The word "victim" shall mean any elderly person who has been subjected to a crime of violence. ADD}
{ADD 12-29.1-4. Law enforcement officers -- Duties and immunity. --ADD} {ADD(a) The primary duty of law enforcement officers when responding to a violent crime against the elderly situation is to enforce the laws allegedly violated and to protect the victim. ADD}
{ADD (b) (1) When a law enforcement officer responds to a violent crime against an elderly person and has probable cause to believe that a crime of violence has been committed, the officer shall exercise arrest powers pursuant to sections 12-7-3 and 12-7-4, provided however, that the officer shall immediately arrest and take into custody the alleged perpetrator of the crime when the officer has probable cause to believe that the person being arrested has committed any of the following acts: ADD}
{ADD (i) A felonious assault; ADD}
{ADD (ii) An assault which has resulted in bodily injury to the victim, whether or not the injury is observable by the responding officer; ADD}
{ADD (iii) Physical action which was intended to cause another person reasonably to fear imminent serious bodily injury or death. Bodily injury means physical pain, illness, or an impairment of physical condition; or ADD}
{ADD (iv) Violation of a protective order and the violator has previous knowledge of the order and the terms thereof; ADD}
{ADD (v) Violation of a no-contact order issued pursuant to section 12-29.1-5. ADD}
{ADD (2) The decision to arrest and charge a person under the provisions of this chapter shall not: ADD}
{ADD (i) Be dependent on the specific consent of the victim; ADD}
{ADD (ii) Consider the relationship of the parties; or ADD}
{ADD (iii) Be based solely on a request by the victim. ADD}
{ADD (3) An arrest without warrant made under this section shall be made within twenty-four (24) hours of the alleged crime. ADD}
{ADD (4) If an arrest without warrant cannot be made pursuant to this section, the officer shall advise the victim of the right to file a criminal complaint and shall seek a warrant for arrest if there is probable cause to do so. ADD}
{ADD (c) A law enforcement officer shall not be held liable for false arrest in any civil action, for an arrest based on probable cause or for enforcement in good faith of a court order issued pursuant to this chapter. ADD}
{ADD (d) It shall be the responsibility of the law enforcement officer at the scene of a violent crime against the elderly to provide immediate assistance to the victim. This assistance shall include but not be limited to assisting the victim to obtain medical treatment if such is required, including transportation to an emergency medical treatment facility. ADD}
{ADD 12-29.1-5. Restrictions upon and duties of court. -- ADD} {ADD (a) (1) Because of the likelihood of repeated violence directed at those who have been victims in the past, when a person is charged with or arrested for a crime of violence against an elderly person that person may not be released from custody on bail or personal recognizance before arraignment without first appearing before the court or bail commissioner. The court or bail commissioner authorizing release shall issue a no-contact order prohibiting the person charged or arrested from having contact with the victim. ADD}
{ADD (2) At the time of arraignment or bail hearing the court or bail commissioner shall determine whether a no-contact order shall be issued or extended. ADD}
{ADD (3) Wilful violation of a court order issued under subdivision (2) of this subsection is a misdemeanor. The written order releasing the person charged or the written order issued at the time of disposition shall contain the court's directive and shall bear the legend: "Violation of this order is a criminal offense under this section and will subject a violator to arrest". A copy of the order shall be provided to the victim. ADD}
{ADD (4) Whenever an order prohibiting contact is issued, modified, or terminated under subdivision (1) or (2) or (3) of this subsection, the clerk of the court shall forward a copy of the order on or before the next judicial day to the appropriate law enforcement agency specified in the order. ADD}
SECTION 2. This act shall take effect upon passage.
This act provides that criminal charges may be brought against a person accused of committing a crime of violence against an elderly person without the specific consent of the victim.
This act would take effect upon passage.
