Chapter 046 |
2019 -- H 5023 Enacted 06/28/2019 |
A N A C T |
RELATING TO DOMESTIC RELATIONS -- DOMESTIC ABUSE PREVENTION |
Introduced By: Representatives O'Brien, Williams, Hawkins, and Mendez |
Date Introduced: January 04, 2019 |
It is enacted by the General Assembly as follows: |
SECTION 1. Section 15-15-3 of the General Laws in Chapter 15-15 entitled "Domestic |
Abuse Prevention" is hereby amended to read as follows: |
15-15-3. Protective orders -- Penalty -- Jurisdiction. |
(a) A person, or a parent, custodian, or legal guardian on behalf of a minor child or the |
director of the department of children, youth and families ("DCYF") or its designee for a child in |
the custody of DCYF, pursuant to §§ 40-11-7 and 40-11-7.1, suffering from domestic abuse or |
sexual exploitation as defined in § 15-15-1, may file a complaint in the family court requesting |
any order that will protect and support her or him from abuse or sexual exploitation, including, |
but not limited to, the following: |
(1) Ordering that the defendant be restrained and enjoined from contacting, assaulting, |
molesting, sexually exploiting, or interfering with the plaintiff at home, on the street, or |
elsewhere, whether the defendant is an adult or a minor; |
(2) Ordering the defendant to vacate the household immediately, and further providing in |
the order for the safety and welfare of all household animals and pets; |
(3) Awarding the plaintiff custody of the minor children of the parties, if any; |
(4) Ordering the defendant to surrender physical possession of all firearms in his or her |
possession, care, custody, or control and shall further order a person restrained not to purchase or |
receive, or attempt to purchase or receive, any firearms while the protective order is in effect. The |
defendant shall surrender said firearms within twenty-four (24) hours of notice of the protective |
order to the Rhode Island state police or local police department or to a federally licensed |
firearms dealer. |
(i) A person ordered to surrender possession of any firearm(s) pursuant to this section |
shall, within seventy-two (72) hours after being served with the order, either: |
(A) File with the court a receipt showing the firearm(s) was physically surrendered to the |
Rhode Island state police or local police department, or to a federally licensed firearms dealer; or |
(B) Attest to the court that, at the time of the order, the person had no firearms in his or |
her immediate physical possession or control, or subject to their immediate physical possession or |
control, and that the person, at the time of the attestation, has no firearms in their immediate |
physical possession or control, or subject to their immediate physical possession or control. |
(ii) If a person restrained under this section transfers a firearm(s) to a federally licensed |
firearms dealer pursuant to this section, the person restrained under this section may instruct the |
federally licensed firearms dealer to sell the firearm(s) or to transfer ownership, in accordance |
with state and federal law, to a qualified named individual who is not a member of the person's |
dwelling house, who is not related to the person by blood, marriage, or relationship as defined by |
§ 15-15-1(7), and who is not prohibited from possessing firearms under state or federal law. The |
owner of any firearm(s) sold shall receive any financial value received from its sale, less the cost |
associated with taking possession of, storing, and transferring of the firearm(s). |
(iii) Every individual to whom ownership of a firearm(s) is transferred pursuant to this |
subsection shall be prohibited from transferring or returning any firearm(s) to the person |
restrained under this section while the protective order remains in effect and shall be informed of |
this prohibition, Any knowing violation of this subsection is a felony that shall be punishable by a |
fine of not more than one thousand dollars ($1,000), or by imprisonment for a term of not less |
than one year and not more than five (5) years, or both. |
(iv) An individual to whom ownership of a firearm(s) is transferred pursuant to this |
subsection shall return a firearm(s) to the person formerly restrained under this section only if the |
person formerly restrained under this section provides documentation issued by a court indicating |
that the restraining order issued pursuant to this section that prohibited the person from |
purchasing, carrying, transporting, or possessing firearms has expired and has not been extended; |
(5) After notice to the respondent and a hearing, ordering either party to make payments |
for the support of a minor child or children of the parties as required by law for a period not to |
exceed ninety (90) days, unless the child support order is for a child or children receiving public |
assistance pursuant to chapter 5.1 of title 40. In these cases, legal counsel for the division of |
taxation, child support enforcement, shall be notified as a party in interest to appear for the |
purpose of establishing a child support order under a new or existing docket number previously |
assigned to the parties and not under the protective docket number. The child support order shall |
remain in effect until the court modifies or suspends the order. |
(b) After notice to the respondent and a hearing, which shall be held within fifteen (15) |
days of surrendering said firearms, the court, in addition to any other restrictions, may, for any |
protective order issued after or renewed on or after July 1, 2017, continue the order of surrender, |
and shall further order a person restrained under this section not to purchase or receive, or attempt |
to purchase or receive, any firearms while the protective order is in effect. |
(c) The Family Court family court shall provide a notice on all forms requesting a |
protective order that a person restrained under this section shall be ordered pursuant to § 11-47-5 |
to surrender possession of any firearms while the protective order is in effect. The form shall |
further provide that any person who has surrendered his or her firearms shall be afforded a |
hearing within fifteen (15) days of surrendering his or her firearms. |
(d) Any firearm surrendered in accordance with this section to the Rhode Island state |
police or local police department shall be returned to the person formerly restrained under this |
section upon his or her request when: |
(1) The person formerly restrained under this section produces documentation issued by a |
court indicating that the restraining order issued pursuant to this section that prohibited the person |
from purchasing, carrying, transporting, or possessing firearms has expired and has not been |
extended; and |
(2) The law enforcement agency in possession of the firearms determined that the person |
formerly restrained under this section is not otherwise prohibited from possessing a firearm under |
state or federal law. |
(3) The person required to surrender their firearms pursuant to this section shall not be |
responsible for any costs of storage of any firearms surrendered pursuant to this section. |
(e) The Rhode Island state police are authorized to develop rules and procedures |
pertaining to the storage and return of firearms surrendered to the Rhode Island state police or |
local police departments pursuant to this section. The Rhode Island state police may consult with |
the Rhode Island Police Chiefs' Association in developing rules and procedures. |
(f) Nothing in this section shall be construed to limit, expand, or in any way modify |
orders issued under § 12-29-7 or § 15-5-19. |
(g) 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. |
(h) The court shall immediately notify the person suffering from domestic abuse whose |
complaint gave rise to the protective order, and the law enforcement agency where the person |
restrained under this section resides, of the hearing. |
(i) The person suffering from domestic abuse, local law enforcement, and the person |
restrained under this section shall all have an opportunity to be present and to testify when the |
court considers the petition. |
(j) At the hearing, the person restrained under this section shall have the burden of |
showing, by clear and convincing evidence, that, if his or her firearm rights were restored, he or |
she would not pose a danger to the person suffering from domestic abuse or to any other person. |
(1) In determining whether to restore a person's firearm rights, the court shall examine all |
relevant evidence, including, but not limited to: the complaint seeking a protective order; the |
criminal record of the person restrained under this section; the mental health history of the person |
restrained under this section; any evidence that the person restrained under this section has, since |
being served with the order, engaged in violent or threatening behavior against the person |
suffering from domestic abuse or any other person. |
(2) If the court determines, after a review of all relevant evidence and after all parties |
have had an opportunity to be heard, that the person restrained under this section would not pose |
a danger to the person suffering from domestic abuse or to any other person if his or her firearm |
rights were restored, then the court may grant the petition and modify the protective order and lift |
the firearm prohibition. |
(3) If the court lifts a person's firearms prohibition pursuant to this subsection, the court |
shall issue the person written notice that he or she is no longer prohibited under this section from |
purchasing or possessing firearms while the protective order is in effect. |
(k) 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 § 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 his or her employment to |
carry a firearm in the performance of his or her duties. Any individual exempted pursuant to this |
exception may possess a firearm only during the course of his or her 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 this section. |
(l) Upon motion by the plaintiff, his or her address shall be released only at the discretion |
of the family court judge. |
(m)(1) Any violation of the protective orders in subsection (a) of this section shall subject |
the defendant to being found in contempt of court. |
(2) 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 any additional time, that it deems necessary to protect the plaintiff |
from abuse. The court may modify its order at any time upon motion of either party. |
(n)(1) Any violation of a protective order under this chapter of which the defendant has |
actual notice shall be a misdemeanor that 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. |
(2) The penalties for violation of this section shall also include the penalties as provided |
by § 12-29-5. |
(o) Actual notice means that the defendant has received a copy of the order by service or |
by being handed a copy of the order by a police officer pursuant to § 15-15-5(d). |
(p)(1) The district court shall have criminal jurisdiction over all adult violations of this |
chapter. |
(2) The family court shall have jurisdiction over all juvenile violations of this chapter. |
SECTION 2. This act shall take effect upon passage. |
======== |
LC000356 |
======== |