CHAPTER 259
2001-S 416A am
Enacted 07/13/2001


A  N     A   C   T

RELATING TO CRIMINAL PROCEDURE

Introduced By:  Senators Montalbano and Celona Date Introduced:  February 13, 2001

It is enacted by the General Assembly as follows:

SECTION 1. Section 12-29-2 of the General Laws in Chapter 12-29 entitled "Domestic Violence Prevention Act" is hereby amended to read as follows:

12-29-2. Definitions. -- As used in this chapter:

(1) "Domestic violence" includes, but is not limited to, any of the following crimes when committed by one family or household member against another:

(i) Simple assault (section 11-5-3);

(ii) Felony assaults (sections 11-5-1, 11-5-2, and 11-5-4);

(iii) Vandalism (section 11-44-1);

(iv) Disorderly conduct (section 11-45-1);

(v) Trespass (section 11-44-26);

(vi) Kidnapping (section 11-26-1);

(vii) Childsnatching (section 11-26-1.1);

(viii) Sexual assault (sections 11-37-2, 11-37-4);

(ix) Homicide (sections 11-23-1 and 11-23-3);

(x) Violation of the provisions of a protective order entered pursuant to section 15-15-1 et seq., 15-5-19 or 8-8.1-1 et seq. where the respondent has knowledge of the order and the penalty for its violation or a violation of a no contact order issued pursuant to section 12-29-4; and

(xi) Stalking (section 11-59-1 et seq.);

(2) "Family or household member" means spouses, former spouses, adult persons related by blood or marriage, adult persons who are presently residing together or who have resided together in the past three (3) years, and persons who have a child in common regardless of whether they have been married or have lived together, or if persons who are or have been in a substantive dating or engagement relationship within the past six (6) months one (1) year which shall be determined by the court's consideration of the following factors:

(i) The length of time of the relationship;

(ii) The type of the relationship; and

(iii) The frequency of the interaction between the parties.

(3) "Protective order" means an order issued pursuant to chapter 15 of title 15, section 15-5-19, or chapter 8.1 of title 8.

(4) "Victim" means a family or household member who has been subjected to domestic violence.

SECTION 2. Section 8-8.1-1 of the General Laws in Chapter 8-8.1 entitled "Domestic Assault" is hereby amended to read as follows:

8-8.1-1. Definitions. -- The following words as used in this chapter shall have the following meanings:

(1) "Cohabitants" means emancipated minors or persons eighteen (18) years of age or older, not related by blood or marriage, who together are not the legal parents of one or more children, and who have resided together within the preceding three (3) years or who are residing in the same living quarters.

(2) "Courts" means the district court.

(3) "Domestic abuse" means the occurrence of one or more of the following acts between cohabitants or against the minor child of a cohabitant, or the occurrence of one or more of the following acts between persons who are or have been in a substantive dating or engagement relationship within the past six (6) months one (1) year; "domestic abuse" shall be determined by the court's consideration of the following factors:

(i) The length of time of the relationship;

(ii) The type of the relationship;

(iii) The frequency of the interaction between the parties.

(iv) Attempting to cause or causing physical harm;

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

(vi) Causing another to engage involuntarily in sexual relations by force, threat of force, or duress.

(4) "Sole legal interest" means defendant has an ownership interest in the residence and plaintiff does not; or defendant's name is on the lease and plaintiff's is not.

SECTION 3. Section 15-15-1 of the General Laws in Chapter 15-15 entitled "Domestic Abuse Prevention" is hereby amended to read as follows:

15-15-1. Definitions. -- As used in this chapter:

(1) "Courts" means the family court;

(2) "Domestic abuse" means the occurrence of one or more of the following acts between present or former family members, parents, stepparents, or persons who are or have been in a substantive dating or engagement relationship within the past six (6) months one (1) year in which at least one of the persons is a minor:

(i) Attempting to cause or causing physical harm;

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

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

(3) "Parents" means persons who together are the legal parents of one or more children, regardless of their marital status or whether they have lived together at any time;

(4) "Present or former family member" means the spouse, former spouse, minor children, stepchildren, or persons who are related by blood or marriage; and

(5) "Substantive dating" or "engagement relationship" means a significant and personal/intimate relationship which shall be adjudged by the court's consideration of the following factors:

(i) The length of time of the relationship;

(ii) The type of relationship;

(iii) The frequency of interaction between the parties.

SECTION 4. This act shall take effect upon passage.


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