| Chapter 040 |
| 2021 -- H 5387 SUBSTITUTE A Enacted 06/07/2021 |
| A N A C T |
| RELATING TO DOMESTIC RELATIONS -- MARRIAGE LICENSES |
Introduced By: Representatives Casimiro, Noret, Vella-Wilkinson, Caldwell, Alzate, and Kazarian |
| Date Introduced: February 05, 2021 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Section 15-2-11 of the General Laws in Chapter 15-2 entitled "Marriage |
| Licenses" is hereby repealed. |
| 15-2-11. Consent and procedure required for license to minors and persons under |
| guardianship. |
| (a) No minor or person under the control of a parent or guardian shall be allowed to give |
| and subscribe to the information provided for in §§ 15-2-1 -- 15-2-10, or shall receive the license |
| provided for in these sections, unless the consent in writing of the parent or guardian, given in the |
| presence of the town or city clerk or any clerk employed in that office, has first been obtained; |
| provided, that proof shall be submitted that the minor has attained the age of sixteen (16) years; |
| and provided, that this information may be given and subscribed to by a minor who has attained |
| the age of sixteen (16) years, residing in this state upon the consent in writing of the director of |
| public welfare of the town or city in which the minor resides, given in the presence of the town or |
| city clerk or any clerk employed in that office. |
| (b) In addition to the requirements in subsection (a) of this section, no license shall be |
| issued to any minor under the age of sixteen (16) years unless and until the following requirements |
| have been complied with, and the town or city clerk is directed in writing to issue the license by |
| the family court: |
| (1) The town or city clerk, upon receiving information provided for in §§ 15-2-1 through |
| 15-2-10, shall immediately transmit a certified copy of the information to the family court. The |
| court shall immediately transmit a copy of the information, together with a written request for a |
| complete investigation of and a report upon the advisability of the issuance of the license, to the |
| department of human services. The department shall within fifteen (15) days after the receipt of the |
| information, the request, and the report file in the court its complete report in writing. |
| (2) The court shall then conduct a hearing in chambers to determine the advisability of the |
| issuance of the license and shall notify the town or city clerk of its determination. The court shall |
| have the power to summon at the hearing any persons that it may deem advisable. |
| (3) The court shall also file the report and a notation of its determination in the office of |
| the clerk of the court, but any papers filed at the office of the clerk shall not be matters of public |
| record and may be examined only upon the written authorization of the court. |
| (4) During the pendency of the proceedings, the court shall exercise the authority of a |
| guardian in respect to the minor or minors involved. |
| SECTION 2. Chapter 15-2 of the General Laws entitled "Marriage Licenses" is hereby |
| amended by adding thereto the following section: |
| 15-2-14. Minimum age for marriage license. |
| A marriage license shall only be granted to a person of full age, attaining the age of eighteen |
| (18) years shall be deemed full legal age pursuant to § 15-12-1. |
| SECTION 3. Section 14-1-5 of the General Laws in Chapter 14-1 entitled "Proceedings in |
| Family Court" is hereby amended to read as follows: |
| 14-1-5. Exclusive jurisdiction. |
| The court shall, as set forth in this chapter, have exclusive original jurisdiction in |
| proceedings: |
| (1) Concerning any child residing or being within the state who is: (i) delinquent |
| Delinquent; (ii) wayward Wayward; (iii) dependent Dependent; (iv) neglected Neglected; or (v) |
| mentally Mentally disabled; |
| (2) Concerning adoption of children; |
| (3) To determine the paternity of any child alleged to have been born out of wedlock and |
| to provide for the support and disposition of that child in case that child or it’s the child’s mother |
| has residence within the state; and |
| (4) Relating to child marriages, as prescribed by § 15-2-11; and |
| (5) Referred to the court in accordance with the provisions of § 14-1-28. |
| SECTION 4. This act shall take effect upon passage. |
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| LC001138/SUB A |
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