Chapter
148
2005 -- S 0916 SUBSTITUTE B
Enacted 07/01/05
A N A C T
RELATING TO COURTS AND CIVIL PROCEDURE -- COURTS -- DOMESTIC
ASSAULT
Introduced By: Senators Goodwin, Perry, Paiva-Weed, Pichardo, and Roberts
Date Introduced: March 03, 2005
It is
enacted by the General Assembly as follows:
SECTION
1. Legislative intent. – In 1994 federal laws were enacted to prevent
domestic
violence
abusers from purchasing and/or possessing firearms. Forty (40) states have
enacted laws
that
restrict the possession of firearms in cases of domestic violence. It is the
intent of the general
assembly
that the provisions of this act apply only to protective orders which are
issued by a court
after
notice is given to the respondent and a full hearing on the complaint has taken
place. It shall
not
apply to temporary orders of protection under section 15-15-4 or 8-8.1-4.
SECTION
2. Section 8-8.1-3 of the General Laws in Chapter 8-8.1 entitled "Domestic
Assault"
is hereby amended to read as follows:
8-8.1-3.
Protective orders -- Penalty -- Jurisdiction. -- (a) A person suffering
from
domestic
abuse may file a complaint in the district court requesting any order which
will protect
her or him
from the abuse, including but not limited to the following:
(1) Ordering that the defendant be restrained and enjoined from contacting,
assaulting,
molesting
or otherwise interfering with the plaintiff at home, on the street, or
elsewhere, whether
the
defendant is an adult or minor;
(2) Ordering the defendant to vacate the household forthwith, unless the
defendant holds
sole
legal interest in the household;
(3) Upon motion by the plaintiff, his or her address shall be released only at
the
discretion
of the district court judge.;
(4)
After notice to the respondent and after a hearing, the court may order the
defendant
to
surrender physical possession of all firearms in his or her possession, care,
custody or control.
(b) Any individual who
accepts physical possession of a firearm pursuant to this section
is
prohibited from returning any firearm to any defendant under a restraining
order during the
existence
of the restraining order. Violation of this provision shall subject both the
defendant and
the
individual responsible for the return of the firearm to the defendant, to being
found in
contempt
of court.
(c) The district court
shall provide a notice on all forms requesting a protective order that,
at
the hearing for a protective order, the defendant may be ordered to surrender
possession or
control
of any firearms and not to purchase or receive or attempt to purchase or
receive any
firearms
for a period not to exceed the duration of the restraining order.
(d)
If the defendant is present in court at a duly noticed hearing, the court may,
in
addition
to any other restrictions, order the defendant to physically surrender any
firearm(s) in
that
person's immediate physical possession or control, or subject to that person's
immediate
physical
possession or control, within twenty-four (24) hours of the order, by
surrendering the
possession
of the firearm(s) to the control of any individual not legally prohibited from
possessing
a firearm who is not related to the defendant by blood, marriage, or
relationship as
defined
by section 15-15-1 (3), (4), or (5) of the Rhode Island general laws, or by
surrendering
any
firearm(s) to the Rhode Island state police or local police department, or by
surrendering the
firearm(s)
to a licensed gun dealer. If the defendant is not present at the hearing, the
defendant
shall
surrender the firearm(s) within forty-eight (48) hours after being served with
the order. A
person
ordered to surrender possession of any firearm(s) pursuant to this subsection
shall file with
the
court a receipt showing the firearm(s) was either physically surrendered to an
individual not
legally
prohibited from possessing a firearm who is not related to the defendant by
blood,
marriage,
or relationship as defined by section 15-15-1 (3), (4), or (5) or surrender to
a licensed
gun
dealer within seventy-two (72) hours after receiving the order. Any defendant
transporting a
firearm
to surrender in accordance with the above shall not be liable to prosecution
under section
11-47-8.
(e) Nothing in this
section shall limit a defendant’s right under existing law to petition the
court
at a later date for modification of the order.
(f) The prohibition
against possessing a firearm(s) due solely to the existence of a
domestic
violence restraining order issued under this section shall not apply with
respect to sworn
peace
officers as defined in section 12-7-21 and active members of military service
including
members
of the reserve components thereof, who are required by law or departmental
policy to
carry
departmental firearms while on duty or any person who is required by their
employment to
carry
a firearm in the performance of their duties. Any individual exempted pursuant
to this
exception
may possess a firearm only during the course of their employment. Any firearm
required
for employment must be stored at the place of employment when not being
possessed for
employment
use; all other firearm(s) must be surrendered in accordance with section
8-8.1-3.
(b)(g)
Any violation of the aforementioned protective order shall subject the
defendant to
being
found in contempt of court.
(c)(h)
No order shall issue under this section which would have the effect of
compelling
a
defendant who has the sole legal interest in a residence to vacate that
residence.
(d)(i)
The contempt order shall not be exclusive and shall not preclude any other
available
civil or criminal remedies. Any relief granted by the court shall be for a
fixed period of
time not
to exceed three (3) years, at the expiration of which time the court may extend
any order
upon
motion of the plaintiff for such additional time as it deems necessary to
protect the plaintiff
from
abuse. The court may modify its order at any time upon motion of either party.
(e)(j) Any violation of a
protective order under this chapter of which the defendant has
actual
notice shall e a misdemeanor which shall be punished by a fine of no more than
one
thousand
dollars ($1,000) or by imprisonment for not more than one year, or both.
(f)(k)
The penalties for violation of this section shall also include the penalties
provided
under
section 12-29-5.
(g)(l) "Actual
notice" means that the defendant has received a copy of the order by
service
thereof or by being handed a copy of the order by a police officer pursuant to
section 8-
8.1-5(d).
(h)(m) The district court
shall have criminal jurisdiction over all violations of this chapter.
SECTION 3. This act
shall take effect upon passage.
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LC02638/SUB B
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