Chapter 068 |
2019 -- S 0459 Enacted 06/28/2019 |
A N A C T |
RELATING TO COURTS AND CIVIL PROCEDURE - COURTS - DOMESTIC ASSAULT |
Introduced By: Senators Goodwin, Lynch Prata, Coyne, Valverde, and Goldin |
Date Introduced: February 27, 2019 |
It is enacted by the General Assembly as follows: |
SECTION 1. Section 8-8.1-5 of the General Laws in Chapter 8-8.1 entitled "Domestic |
Assault" is hereby amended to read as follows: |
8-8.1-5. Duties of police officers. |
(a) Whenever any police officer has reason to believe that a cohabitant or minor has been |
abused, that officer shall use all reasonable means to prevent further abuse, including: |
(1) Remaining on the scene as long as there is danger to the physical safety of the person |
or until the person is able to leave the dwelling unit; |
(2) Assisting the person in obtaining medical treatment necessitated by an assault, |
including obtaining transportation to an emergency medical treatment facility; |
(3) Giving the person immediate and adequate notice of his or her rights under this |
chapter; |
(4) Arresting the person pursuant to the arrest provisions as contained in § 12-29-3. |
(b) Notice by the police officer to the victim shall be by handing the victim a copy of the |
following statement written in English, Portuguese, Spanish, Cambodian, Hmong, Laotian, |
Vietnamese, and French, and by reading the statement to the person when possible: |
Spouse, former spouse/blood relative/children in common; minor(s) in a substantive |
dating or engagement relationship: |
"If your attacker is your spouse, former spouse, person to whom you are related by blood |
or marriage, or if you are not married to your attacker, but have a child in common, or if you |
and/or your attacker are a minor who have been in a substantive dating or engagement |
relationship within the past six (6) months one year, you have the right to go to the family court |
and ask the court to issue an order restraining your attacker from abusing you or your minor |
child; you have the right to go to the family court and request: |
(1) an An order restraining your attacker from abusing you or your minor child; |
(2) an An order awarding you exclusive use of your marital domicile; |
(3) an An order awarding you custody of your minor child." |
Unmarried/not related cohabitants within the past three (3) years or substantive dating or |
engagement relationship within past six (6) months one year: |
"If you are not married or related to your attacker, but have resided with him or her |
within the past three (3) years, you have the right to go to the district court and request; |
(1) an An order restraining your attacker from abusing you; |
(2) an An order directing your attacker to leave your household, unless she or he has the |
sole legal interest in the household." |
"If you are in need of medical treatment, you have the right to have the officer present |
obtain transportation to an emergency medical treatment facility." |
"If you believe that police protection is needed for your physical safety, you have the |
right to have the officer present remain at the scene until you and your children can leave or until |
your safety is otherwise insured." |
"You have the right to file a criminal complaint with the responding officer or your local |
police department if the officer has not arrested the perpetrator." |
(c) A police officer shall ensure enforcement of the terms of the protective order issued |
pursuant to this chapter including but not limited to accompanying a cohabitant to his or her |
dwelling or residence in order to secure possession of the dwelling or residence when a vacate |
order against the defendant has been issued. |
(d) When service of the temporary order issued pursuant to § 8-8.1-4 has not been made |
and/or after a permanent order is entered, a police officer shall give notice of the order to the |
defendant by handing him or her a certified copy of the order. The officer shall indicate that he or |
she has given notice by writing on plaintiff's copy of the order and the police department's copy |
of the order the date, and time of giving notice and the officer's name and badge number. The |
officer shall indicate on the offense report that actual notice was given. |
SECTION 2. Section 15-15-5 of the General Laws in Chapter 15-15 entitled "Domestic |
Abuse Prevention" is hereby amended to read as follows: |
15-15-5. Duties of police officers. |
(a) Whenever any police officer has reason to believe that a family member or parent has |
been abused, that officer shall use all reasonable means to prevent further abuse, including: |
(1) Remaining on the scene as long as there is a danger to the physical safety of the |
person or until the person is able to leave the dwelling unit; |
(2) Assisting the person in obtaining medical treatment necessitated by an assault, |
including obtaining transportation to an emergency medical treatment facility; |
(3) Giving the person immediate and adequate notice of his or her rights under this |
chapter; |
(4) Arresting the abusive person pursuant to the arrest provisions in § 12-29-3; and |
(5) Reporting any physical injury to a minor child or a threat to physically injure a minor |
child within twenty-four (24) hours of his or her investigation to CANTS (Child abuse and |
neglect tracking system). |
(b) Notice by the police officer to the victim shall be by handing the victim a copy of the |
following statement written in English, Portuguese, Spanish, Cambodian, Hmong, Laotian, |
Vietnamese, and French, and by reading the statement to the person when possible: |
SPOUSE, FORMER SPOUSE, BLOOD RELATIVE, CHILDREN IN COMMON, |
MINORS IN SUBSTANTIVE DATING OR ENGAGEMENT RELATIONSHIP. |
"If your attacker is your spouse, former spouse, or person to whom you are related by |
blood or marriage, or if you are not married to your attacker but have a child in common, or if |
you and/or your attacker is a minor who have been in a substantive dating or engagement |
relationship within the past six (6) months one year, you have the right to go to the family court |
and request: |
"(1) An order restraining your attacker from abusing you or your minor child; |
"(2) An order awarding you exclusive use of your marital domicile; |
"(3) An order awarding you custody of your minor child." |
UNMARRIED/NOT RELATED COHABITANTS WITHIN THE PAST THREE |
YEARS, OR HAVE BEEN IN A SUBSTANTIVE DATING OR ENGAGEMENT |
RELATIONSHIP WITHIN THE PAST SIX (6) MONTHS ONE YEAR |
"If you are not married or related to your attacker, but have resided with him or her |
within the past three (3) years, or you are in or have been in a substantive dating or engagement |
relationship with your attacker within the past six (6) months one year, you have the right to go to |
the district court and request: |
"(1) An order restraining your attacker from abusing you; |
"(2) An order directing your attacker to leave your household, unless he or she has the |
sole legal interest in the household." |
ADDITIONAL RIGHTS. |
"If you are in need of medical treatment, you have the right to have the officer present |
obtain transportation to an emergency medical treatment facility. |
"If you believe that police protection is needed for your physical safety, you have the |
right to have the officer present remain at the scene until you and your children can leave or until |
your safety is otherwise ensured. |
"You have the right to file a criminal complaint with the responding officer or your local |
police department if the officer has not arrested the perpetrator." |
(c) A police officer shall ensure enforcement of the terms of a protective order issued |
pursuant to this chapter including, but not limited to, accompanying a family member or parent to |
his or her dwelling or residence in order to secure possession of the dwelling or residence. |
(d) When service of the temporary order issued pursuant to § 15-15-4 has not been made |
and/or after a permanent order is entered, a police officer shall give notice of the order to the |
defendant by handing him or her a certified copy of the order. The officer shall indicate that he or |
she has given notice by writing on plaintiff's copy of the order and the police department's copy |
of the order, the date and time of giving notice and the officer's name and badge number. The |
officer shall indicate on the offense report that actual notice was given. |
SECTION 3. This act shall take effect upon passage. |
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LC001700 |
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