Chapter 386
2009 -- H 5227 SUBSTITUTE A
Enacted 01/05/10
A N A C T
RELATING TO CRIMINAL PROCEDURE - SENTENCE AND EXECUTION
Introduced
By: Representatives
Date
Introduced: January 28, 2009
It is enacted by the
General Assembly as follows:
SECTION 1. Section 12-29-5 of the General Laws in Chapter
12-29 entitled "Domestic
Violence Prevention
Act" is hereby amended to read as follows:
12-29-5.
Disposition of domestic violence cases. -- (a) Every person convicted of or
placed on probation for a crime involving domestic violence
or whose case is filed pursuant to
section 12-10-12 where the defendant pleads nolo contendere, in addition to
any other sentence
imposed or counseling ordered, shall be ordered by the judge
to attend, at his or her own expense,
a batterer's intervention program appropriate to
address his or her violent behavior. This order
shall be included in the conditions of probation. Failure
of the defendant to comply with the order
shall be a basis for violating probation and/or the
provisions of section 12-10-12. This provision
shall not be suspended or waived by the court.
(b) Every person
convicted of or placed on probation for a crime involving domestic
violence, as enumerated in section 12-29-2 or whose case if
filed pursuant to section 12-10-12
where the defendant pleads guilty or nolo
contendere, in addition to other court costs or
assessments imposed, shall be ordered to pay a twenty-five
dollar ($25.00) one hundred twenty-
five dollar ($125)
assessment. All moneys Eighty percent (80%) of the assessment
collected
pursuant to this section shall be provided to the
Violence for programs to assist victims of domestic
violence and twenty percent (20%) of the
assessment shall be
deposited as general revenue.
(c) (1) Every person convicted of an offense punishable as a
misdemeanor involving
domestic violence as defined in section 12-29-2 shall:
(i)
For a second violation be imprisoned for a term of not less than ten (10) days
and not
more than one year.
(ii) For a third and
subsequent violation be deemed guilty of a felony and be imprisoned
for a term of not less than one year and not more than
ten (10) years.
(2) No jail sentence
provided for under this section can be suspended.
(3) Nothing in this
subsection shall be construed as limiting the discretion of the judges
to impose additional sanctions authorized in sentencing.
(d) For the purposes of
this section, "batterers intervention
program" means a program
which is certified by the batterers intervention program
standards oversight committee according
to minimum standards, pursuant to sections 12-29-5.1, 12-29-5.2,
and 12-29-5.3.
SECTION 2. This act shall take effect upon passage.
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LC00486/SUB A
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