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RELATING TO COURTS AND CIVIL PROCEDURE -- COURTS

Introduced By: Reps. Cicilline, Benson, Barone, Carpenter and Fox

Date Introduced : February 3, 1998

It is enacted by the General Assembly as follows:

SECTION 1. Sections 8-2-39, 8-2-39.1, and 8-2-11.1 of the General Laws in Chapter 8-2 entitled "Superior Court" are hereby amended to read as follows:

{DEL 8-2-39. General master -- Appointment, duties and powers. DEL {ADD 8-2-39. General Magistrate -- Appointment, duties and powers. -- ADD} (a) There is hereby created within the superior court the position of {DEL general master DEL} {ADD general magistrate ADD} who shall be appointed by the chief justice of the supreme court. The person appointed to serve as {DEL general master DEL} {ADD general magistrate ADD}shall be a member of the bar of Rhode Island. The powers and duties of the {DEL general master DEL} {ADD general ADD} {ADD magistrate ADD} shall be prescribed in the order appointing him or her.

(b) (1) The {DEL general master DEL} {ADD general magistrate ADD}shall assist the court in:

(i) The determination of, monitoring, collection, and payment of restitution and court ordered fines, fees, and costs or the ordering of community service in lieu of or in addition to the payment of restitution, fines, fees, and costs, consistent with other provisions of the general laws;

(ii) The determination and payment of claims under the violent crimes indemnity fund for the Criminal Injuries Compensation Act of 1972, chapter 25 of title 12;

(iii) The determination and payment of claims from the Criminal Royalties Distribution Act of 1983, chapter 25.1 of title 12; and

(iv) Such other matters as the chief justice of the supreme court in consultation with the presiding justice and, if applicable, the chief justice of the receiving court determines are necessary.

(2) The chief justice of the supreme court, with the consent of the presiding justice and, if applicable, the chief judge of a particular court, may assign the {DEL general master DEL} {ADD general magistrate ADD} to any court of the unified system. When the {DEL general master DEL} g {ADD eneral magistrate ADD} is so assigned he or she shall be vested, authorized, and empowered with all the powers belonging to the justices or judges to which he or she is specially assigned.

(c) The {DEL general master DEL} {ADD general magistrate ADD} will be empowered to hear all motions, pretrial conferences, arraignments, probable cause hearings, bail hearings, bail and probation revocation hearings, and to review all such matters including, but not limited to the above, and to modify the terms and conditions of probation and other court-ordered monetary payments including, but not limited to, the extension of time for probation and court-ordered monetary payments as provided by law. The {DEL general master DEL} {ADD general magistrate ADD}shall have the power to take testimony in connection with all matters set forth herein.

(d) The {DEL general master DEL} {ADD general magistrate ADD}may be authorized:

(1) To regulate all proceedings before him or her;

(2) To do all acts and take all measures necessary or proper for the efficient performance of his or her duties;

(3) To require the production before him or her of books, papers, vouchers, documents, and writings;

(4) To rule upon the admissibility of evidence;

(5) To issue subpoenas for the appearance of witnesses, to put witnesses on oath, to examine them, and to call parties to the proceeding and examine them upon oath;

(6) To adjudicate a person in contempt and to order him or her imprisoned for not more than seventy-two (72) hours, pending review by a justice of the relevant court, for failure to appear in response to a summons or for refusal to answer questions or produce evidence or for behavior disrupting a proceeding;

(7) To adjudicate a party in contempt and to order him or her imprisoned for not more than seventy-two (72) hours, pending review by a justice of the relevant court, for failure to comply with a pending order to provide payment or to perform any other act; and

(8) To issue a capias and/or body attachment upon the failure of a party or witness to appear after having been properly served and, should the court not be in session, the person apprehended may be detained at the adult correctional institution, if an adult, or at the Rhode Island training school for youth, if a child, until the next session of the court.

(e) A party aggrieved by an order entered by the {DEL general master DEL} {ADD general magistrate ADD}shall be entitled to a review of the order by a justice of the relevant court. Unless otherwise provided in the rules of procedure of the court, such review shall be on the record and appellate in nature. The court shall, by rules of procedure, establish procedures for review of orders entered by a {DEL general master DEL} {ADD general magistrate ADD}, and for enforcement of contempt adjudications of a {DEL general master DEL} {ADD general magistrate ADD}.

(f) Final orders of the superior or family court entered in a proceeding to review an order of a {DEL general master DEL} {ADD general magistrate ADD} may be appealed to the supreme court. Final orders of the district court entered in a proceeding to review an order of the {DEL general master DEL} {ADD general magistrate ADD} may be appealed to the superior court.

(g) The {DEL general master DEL} {ADD general magistrate ADD} shall:

(1) Receive all credits and retirement allowances as afforded justices under chapter 3 of this title and any other applicable law, including without limitation, section 8-3-16;

(2) Receive a salary equivalent to that of a district court judge and be subject to the unclassified pay plan board;

(3) Hold office for life during good behavior;

(4) Be governed by the commission on judicial tenure and discipline, chapter 16, of this title, in the same manner as justices and judges;

(5) Be subject to all provisions of the canons of judicial ethics or code of judicial conduct;

(6) Be subject to all criminal laws relative to judges by virtue of sections 11-7-1 and 11-7-2.

(h) The provisions of this section shall be afforded liberal construction.

(i) The chief justice of the supreme court shall initially appoint such support staff as may be necessary, relating to preparation, investigation, and implementation of the {DEL general master's DEL} {ADD general magistrate's ADD} functions. Effective November 15, 1993, the support staff shall be placed under the supervision and management of the superior court, and new appointments or personnel changes in the support staff shall be subject to the directions and approval of the superior court, consistent with any applicable collective bargaining agreements. The {DEL general master DEL} {ADD general magistrate ADD} shall have the power and authority to issue subpoenas and to compel the attendance of witnesses at any place within the state, to administer oaths and to require testimony under oath. The {DEL general master DEL} {ADD general magistrate ADD}, or his or her designee, may serve his or her process or notices in a manner provided for the service of process and notice in civil or criminal actions in accordance with the rules of court.

{DEL 8-2-39.1. Special master. DEL} {ADD 8-2-39.1. Special magistrate. -- ADD} There is hereby created within the Superior Court the position of Special {DEL Master DEL} {ADD Magistrate ADD}, who shall be appointed by the Presiding Justice of the Superior Court, with the advice and consent of the senate, for a period of ten (10) years, and until a successor is appointed and qualified. Nothing contained herein shall be construed to prohibit the reappointment of a special {DEL master DEL} {ADD magistrate ADD} for one or more additional ten (10) year terms. The person appointed to serve as Special {DEL Master DEL} {ADD Magistrate ADD} shall be a member of the Bar of the State of Rhode Island. The Special {DEL Master DEL} {ADD Magistrate ADD} shall have the duties, responsibilities, powers and benefits as authorized in section 8-2-39.

{DEL 8-2-11.1. Administrator/master. DEL}{ADD8-2-11.1. Administrator/Magistrate. -- ADD} (a) Any person holding the position of administrative clerk in the superior court who is a member of the bar of Rhode Island may be appointed administrator/ {DEL master DEL} {ADD magistrate ADD} by the presiding justice in his or her capacity as administrative judge.

(b) (1) The administrator/ {DEL master DEL} {ADD magistrate ADD} shall have the power to hear and determine such matters as may be assigned to the administrator/ {DEL master DEL} {ADD magistrate ADD} by the presiding justice all to the same effect as if done by a justice of the superior court.

(2) Without limiting the generality of the foregoing powers and authority, the administrator/ {DEL master DEL} {ADD magistrate ADD} is authorized and empowered to hear and determine motions in civil and criminal proceedings, formal and special causes, to conduct arraignments, to grant or deny bail, to accept pleas of not guilty, guilty, or nolo contendere, and to impose sentence on a plea of guilty or nolo contendere, all to the same effect as if done by a justice of the superior court.

(c) The administrator/ {DEL master DEL} {ADD magistrate ADD} may be authorized:

(1) To regulate all proceedings before him or her;

(2) To do all acts and take all measures necessary or proper for the efficient performance of his or her duties;

(3) To require the production before him or her of books, papers, vouchers, documents, and writings;

(4) To rule upon the admissibility of evidence;

(5) To issue subpoenas for the appearance of witnesses, to put witnesses on oath, to examine them, and to call parties to the proceeding and examine them upon oath;

(6) To adjudicate a person in contempt and to order him or her imprisoned for not more than seventy-two (72) hours, pending review by a justice of the court, for failure to appear in response to a summons or for refusal to answer questions or produce evidence or for behavior disrupting a proceeding;

(7) To adjudicate a party in contempt and to order him or her imprisoned for not more than seventy-two (72) hours, pending review by a justice of the court, for failure to comply with a pending order to provide payment or to perform any other act; and

(8) To issue a capias and/or body attachment upon the failure of a party or witness to appear after having been properly served and, should the court not be in session, the person apprehended may be detained at the adult correctional institution, if an adult, or at the Rhode Island training school for youth, if a child, until the next session of the court.

(d) A party aggrieved by an order entered by the administrator/ {DEL master DEL} {ADD magistrate ADD} shall be entitled to a review of the order by a justice of the superior court. Unless otherwise provided in the rules of procedure of the court, the review shall be on the record and appellate in nature. The court shall, by rules of procedure, establish procedures for review of orders entered by the administrator/ {DEL master DEL} {ADD magistrate ADD}, and for enforcement of contempt adjudications of the administrator/ {DEL master DEL} {ADD magistrate ADD}.

(e) Final orders of the superior court entered in a proceeding to review an order of the administrator/ {DEL master DEL} {ADD magistrate ADD} may be appealed to the supreme court.

(f) The administrator/ {DEL master DEL} {ADD magistrate ADD} shall be:

(1) Governed by the commission on judicial tenure and discipline, chapter 16, of this title, in the same manner as justices and judges;

(2) Subject to all provisions of the canons of judicial ethics;

(3) Subject to all criminal laws relative to judges by virtue of sections 11-7-1 and 11-7-2.

SECTION 2. Sections 8-10-3.1, 8-10-3.2, and 8-10-38.1 of the General Laws in Chapter 8-10 entitled "Family Court" are hereby amended to read as follows:

{DEL 8-10-3.1. Masters -- Appointment, duties, and powers. DEL}{ADD8-10-3.1. Magistrates -- Appointment, duties, and powers. -- ADD} (a) The court may appoint {DEL masters DEL} {ADD magistrates ADD} to assist the court in the conduct of its business. A person appointed to serve as a {DEL master DEL} {ADD magistrate ADD} shall be a member of the bar of Rhode Island. The powers and duties of {DEL masters DEL} {ADD magistrates ADD} shall be prescribed in the order appointing them.

(b) In addition, the chief judge of the family court may appoint {DEL masters DEL} {ADD magistrates ADD} to assist the court in the enforcement and implementation of chapter 23.1 of title 15, and to assist the family court in matters pertaining to hearings in accordance with section 8-10-4, chapter 1 of title 14, chapter 8 of title 15, chapter 11 of title 40, and chapter 5 of title 40.1. The {DEL master DEL} {ADD magistrate ADD} will be empowered to hear all motions, pretrial conferences, arraignments of juvenile offenders, probable cause hearings, and review of all such matters, including but not limited to, the temporary placement, custody, disposition and adoption of children, and the taking of testimony in conducting all hearings relative thereto.

(c) The {DEL master DEL} {ADD magistrate ADD} shall serve at the pleasure of the chief judge and his or her powers and duties shall be prescribed in the order appointing him or her or in the rules of procedure of the family court. The special {DEL master DEL} {ADD magistrate ADD} may be authorized:

(1) To regulate all proceedings before him or her;

(2) To do all acts and take all measures necessary or proper for the efficient performance of his or her duties;

(3) To require the production before him or her of books, papers, vouchers, documents, and writings;

(4) To rule upon the admissibility of evidence;

(5) To issue subpoenas for the appearance of witnesses, to put witnesses on oath, to examine them, and to call parties to the proceeding and examine them upon oath;

(6) To adjudicate a person in contempt and to order him or her imprisoned for not more than seventy-two (72) hours, pending review by a justice of the court, for failure to appear in response to a summons or for refusal to answer questions or produce evidence or for behavior disrupting a proceeding;

(7) To adjudicate a party in contempt and to order him or her imprisoned for not more than seventy-two (72) hours, pending review by a justice of the court, for failure to comply with a pending order to provide support or to perform any other act; and

(8) To issue a capias and/or body attachment upon the failure of a party or witness to appear after having been properly served and, should the family court not be in session, the person apprehended may be detained at the adult correctional institution, if an adult, or at the Rhode Island training school for youth, if a child, until the next session of the family court.

(d) A party aggrieved by an order entered by a {DEL master DEL} {ADD magistrate ADD} shall be entitled to a review of the order by a justice of the family court. Unless otherwise provided in the rules of procedure of the family court, such review shall be on the record and appellate in nature. The family court shall by rules of procedure establish procedures for review of orders entered by a {DEL master DEL} {ADD magistrate ADD}, and for enforcement of contempt adjudications of a {DEL master DEL} {ADD magistrate ADD}.

(e) Final orders of the family court entered in a proceeding to review an order of a {DEL master DEL} {ADD magistrate ADD} may be appealed to the supreme court.

(f) The {DEL masters DEL} {ADD magistrates ADD} shall be empowered to hear de novo all applications for income withholding pursuant to chapter 16 of title 15 and appeals of administrative agency orders of the department of human services to withhold income under chapter 16 of title 15.

(g) The {DEL masters DEL} {ADD magistrates ADD} shall be empowered to hear all matters relating to the revocation or nonrenewal of a license of an obligor due to non-compliance with a court order of support, in accordance with chapter 11.1 of title 15.

(h) The {DEL masters DEL} {ADD magistrates ADD} may be authorized by the chief judge to hear those matters on the domestic abuse prevention calendar and the nominal calendar.

[See section 12-1-15 of the General Laws.]

{DEL 8-10-3.2. General master of the family court. DEL}{ADD8-10-3.2. Magistrate of the family court. -- ADD} (a) There is hereby created within the family court the position of {DEL general master DEL} {ADD general magistrate ADD}of the family court who shall be appointed by the governor with the advice and consent of the senate for a life term.

(b) The {DEL general master DEL} {ADD general magistrate ADD} shall be an attorney at law and a member in good standing of the Rhode Island bar with a minimum of ten (10) years experience as a {DEL master DEL} {ADD general magistrate ADD} in the Rhode Island family court.

(c) The primary function of the {DEL general master DEL} {ADD general magistrate ADD} shall be the enforcement of child support decrees, orders, and law relative to child support. The {DEL general master DEL} {ADD general magistrate ADD} shall have all the authority and powers vested in {DEL masters DEL} {ADD magistrates ADD} by virtue of sections 8-10-3, 8-10-3.1, 9-15-19, 9-15-21, 9-14-26, 9-18-9, 9-18-8, and 36-2-3, and any other authority conferred upon {DEL masters DEL} {ADD magistrates ADD} by any general or public law or by any rule of procedure or practice of any court within the state.

(d) The chief justice of the supreme court with the agreement of the chief judge of the family court may specially assign the {DEL general master DEL} {ADD general magistrate ADD}to perform judicial duties within any court of the unified judicial system in the same manner as a judge of the district court may be assigned pursuant to chapter 15 of this title; provided, however, that the {DEL general master DEL} {ADD general magistrate ADD} may be assigned to the superior court subject to the prior approval of the presiding justice of the superior court. When the {DEL general master DEL} {ADD general magistrate ADD} is so assigned he or she shall be vested, authorized, and empowered with all the powers belonging to the justices of the court to which he or she is specially assigned.

(e) The {DEL general master DEL} {ADD general magistrate ADD} shall:

(1) Receive all credits and retirement allowances as afforded justices under chapter 3 of this title and any other applicable law;

(2) Be governed by the commission on judicial tenure and discipline, chapter 16 of this title, in the same manner as justices and workers' compensation judges;

(3) Be entitled to a special license plate under section 31-3-47;

(4) Receive a salary equivalent to that of a district court judge and shall be subject to the unclassified pay plan board;

(5) Be subject to all the provisions of the canons of judicial ethics; and

(6) Be subject to all criminal laws relative to judges by virtue of sections 11-7-1 and 11-7-2.

(f) The provisions of this section shall be afforded liberal construction.

8-10-38.1. Imprisonment for contempt. -- The justices of the family court or its {DEL master(s) DEL} {ADD magistrate(s) ADD} are hereby empowered, when ordering a noncomplying parent to the adult correctional institution or the women's reformatory for contempt, to order immediate work release status for him or her.

SECTION 3. Section 8-8-8.1 of the General Laws in Chapter 8-8 entitled "District Court" is hereby amended to read as follows:

{DEL 8-8-8.1. Administrator/clerk -- Master. DEL}{ADD8-8-8.1. Administrator/clerk -- Magistrate. -- ADD} (a) Administrator/clerk. - There shall be a district court administrator/clerk who shall be appointed by the chief judge in his or her capacity as administrative head of the court, and who shall hold office at the pleasure of the administrative judge. The administrator/clerk shall perform such duties and attend to such matters as may be assigned to the administrator/clerk by the administrative judge, other than those duties assigned to the chief clerk in section 8-8-19.

(b) {DEL Master DEL} {ADD Magistrate ADD}. - Any person holding the position of district court administrator/clerk who is a member of the bar of Rhode Island may be appointed district court {DEL master DEL} {ADD magistrate ADD} by the chief judge in his or her capacity as administrative head of the court.

(c) The district court {DEL master DEL} {ADD magistrate ADD} shall have the power to hear and determine such matters as may be assigned to the district court {DEL master DEL} {ADD magistrate ADD} by the chief judge all to the same effect as if done by a judge of the district court, including but not limited to:

(1) Matters relating to the determination of, monitoring, collection, and payment of restitution and court ordered fines, fees, and costs or the ordering of community service in lieu of or in addition to the payment of restitution, fines, fees, and costs, consistent with other provisions of the general laws;

(2) Arraignments and pretrial motions in misdemeanor, petty misdemeanor, violation, and ordinance cases and initial appearances and probable cause hearings in felony cases;

(3) Bail hearings pursuant to article 1, section 9 of the constitution and all other bail matters pursuant to chapter 13 of title 12 and the rules of criminal procedure, including but not limited to motions to modify bail, bail revocation hearings, bail forfeiture hearings, and bail source hearings;

(4) All matters relating to fugitives from justice pursuant to chapter 9 of title 12;

(5) Probation revocation hearings;

(6) All matters relating to small claims and consumer claims pursuant to chapter 16 of title 10, including any pretrial motions including motions relating to the special service of process, the entry of defaults and default judgments, the trial of such cases and the entry of judgment after such trials, and all matters relating to the enforcement of such judgments, including but not limited to the ordering of installment payments and trustee process; and

(7) Complaints for judicial review of the decision of an administrative agency pursuant to chapter 35 of title 42 by making proposed findings of fact and recommendations for the disposition of the complaints to a judge of the court. Any party may object to any portion of the {DEL master's DEL} {ADD magistrate's ADD} proposed findings and recommendations within ten (10) days after receipt of a copy thereof. That party shall file with the clerk of the sixth division of the district court and serve on all parties written objections which shall specifically identify the portions of the proposed findings and recommendations to which objection is made and the basis for the objection. A judge shall make a de novo determination of those portions to which objection is made and may accept, reject, or modify, in whole or in part, the findings or recommendations made by the {DEL master DEL} {ADD magistrate ADD}. Absent a timely objection filed in accordance with this subdivision, the proposed prevailing party shall, upon expiration of the ten (10) days following the service of the {DEL master's DEL} {ADD magistrate's ADD} proposed findings and recommendations, submit a proposed order for signature of the judge to whom the case has been assigned.

(d) The {DEL master DEL} {ADD magistrate ADD} may be authorized:

(1) To regulate all proceedings before him or her;

(2) To do all acts necessary or proper for the efficient performance of his or her duties;

(3) To require the production before him or her of books, papers, vouchers, documents, and writings;

(4) To rule upon the admissibility of evidence;

(5) To issue subpoenas for the appearance of witnesses, to put witnesses on oath, to examine them, and to call parties to the proceeding and examine them upon oath;

(6) To adjudicate a person in contempt and to order him or her fined or to order him or her imprisoned for not more than seventy-two (72) hours, pending review by a judge of the court, for failure to appear in response to a summons or for refusal to answer questions or produce evidence or for behavior disrupting a proceeding or other contempt of his or her authority;

(7) To adjudicate a person in contempt and to order him or her fined or to order him or her imprisoned for not more than seventy-two (72) hours, pending review by a judge of the court, for failure to comply with a pending order to provide payment or to perform any other act;

(8) To issue a capias and/or body attachment for the failure of a party or witness to appear after having been properly served or given notice by the court and, should the court not be in session, the person apprehended may be detained at the adult correctional institution, if an adult, or at the Rhode Island training school for youth, if a child, until the next session of the court;

(9) To issue writs of habeas corpus to bring before him or her or a judge of the court any person in jail or in prison to be examined as a witness in a suit or proceeding, civil or criminal, pending before the court, or whose presence is necessary as a party or otherwise necessary so that the ends of justice may be attained, and for no other purpose; and

(10) To issue warrants of arrest and search warrants to the same extent as an associate judge of the court.

(e) Except as otherwise indicated, a party aggrieved by an order entered by the district court {DEL master DEL} {ADD magistrate ADD} shall be entitled to a review of the order, whether by appeal or otherwise, in the same manner as if taken from an order issued by a judge of the court; except, that any person aggrieved by an adjudication of contempt by the {DEL master DEL} {ADD magistrate ADD} shall be entitled to a review by a judge of the court within seventy-two (72) hours. The court shall, by rules of procedure, establish procedures for review of contempt and adjudications of the {DEL master DEL} {ADD magistrate ADD}.

(f) The {DEL master DEL} {ADD magistrate ADD} shall be:

(1) Governed by the commission on judicial tenure and discipline, chapter 16 of this title, in the same manner as justices and judges;

(2) Subject to all provisions of the canons of judicial ethics;

(3) Subject to all criminal laws relative to judges by virtue of sections 11-7-1 and 11-7-2.

(g) The provisions of this section shall be afforded liberal construction.

SECTION 4. Section 31-3-47 of the General Laws in Chapter 31-3 entitled "Registration of Vehicles" is hereby amended to read as follows:

31-3-47. Judiciary plates. -- (a) The registrar of motor vehicles is hereby empowered to make available to each justice of the supreme, superior, family, and district courts to each commissioner of the workers' compensation commission, the {DEL general master DEL} {ADD general magistrate ADD}of the family court and to each administrative judge of the division of administrative adjudication of the state of Rhode Island and Providence Plantations, so long as that member is serving, a special motor vehicle registration plate.

(b) Each special motor vehicle registration plate shall carry thereon the design and the seal of the state of Rhode Island and Providence Plantations and the word, "judiciary."

(c) The special motor vehicle registration plate shall have consecutive numbers starting with one through the combined number of people entitled to said plates. Numbers one through five (5) shall be assigned to the supreme court; numbers six (6) through eight (8) shall be assigned to the presiding justice of superior court, chief judge of family court, and chief judge of district court, number nine (9) shall be assigned to the chairperson of the workers' compensation commission; number ten (10) shall be assigned to the chief administrative judge of the division for administrative adjudication. Each remaining member of the judiciary, and the remaining members of the workers' compensation commission, and the remaining administrative judges of the division for administrative adjudication and the {DEL general master DEL} {ADD general magistrate ADD}of the family court will then be awarded a number according to seniority. The registrar shall reassign numbers no more than every four (4) years after the initial distribution.

(d) Each member of the judiciary, workers' compensation commission, the {DEL general master DEL} {ADD general magistrate ADD}of the family court and division for administrative adjudication, as aforesaid, shall have the option of displaying at any time that plate or the private registration plate assigned to his or her vehicle.

(e) The registrar shall issue the judiciary plate upon payment, in addition to the regular prescribed motor vehicle registration fee, of a service charge of ten dollars ($10.00) for each issue and for each registration renewal.

SECTION 5. Section 11-32-3 of the General Laws in Chapter 11-32 entitled "Obstructing Justice" is hereby amended to read as follows:

11-32-3. Obstruction of the judicial system. -- Whoever corruptly, maliciously, recklessly, or by threats or force, or by any threatening letter or communication, endeavors to influence, intimidate, or impede any grand or petit juror or officer in or of any court of this state, or officer who may be serving at any examination or other proceeding before any justice, {DEL master DEL} {ADD magistrate ADD}, or other officer of said court, in the discharge of his or her duty, or injures any party on his or her person or property on account of his or her attending or having attended such court or examination before such justice, {DEL master DEL} {ADD magistrate ADD}, or other officer, or on account of his or her testifying or having testified to any matter pending therein, or injures any such grand or petit juror in his or her person or property on account of any verdict or indictment assented to by him or her, or on account of being or having been a juror, or injures any justice, {DEL master DEL} {ADD magistrate ADD}, or other officer in his or her person or property on account of the performance of his or her official duties, or corruptly, maliciously, recklessly, or by threats or force, or by any threatening letter or communication, influences, obstructs, or impedes, or endeavors to influence, obstruct, or impede, the due administration of justice, shall be fined not more than five thousand dollars ($5,000) or imprisoned not more than five (5) years, or both.

SECTION 6. Sections 15-11.1-4 and 15-11.1-6 of the General Laws in Chapter 15-11.1 entitled "Full Enforcement of Support Obligations" are hereby amended to read as follows:

15-11.1-4. Family court compliance hearing. -- (a) An obligor may request a hearing before a {DEL master DEL} {ADD magistrate ADD} of the family court upon receipt of service of the notice described in section 15-11.1-3. The request for hearing must be made in writing and must be received by the department within thirty (30) days of the date of the notice. The department shall promptly file the obligor's written request for hearing with the clerk of the family court or his or her designee; the clerk shall then assign the matter for hearing before a {DEL master DEL} {ADD magistrate ADD} of the family court.

(b) The department shall notify the obligor in writing of the date, time, and place of the hearing assigned by the clerk. Service of the hearing notice must be made by first class mail.

(c) The issues that may be determined at hearing are limited to whether the obligor is required to pay child support under a court or administrative order and whether the obligor is in compliance with a court order of support. Nothing herein shall prohibit the obligor from filing other appropriate motions for relief, including but not limited to a motion to modify a support order, with the family court.

[See section 12-1-15 of the General Laws.]

15-11.1-6. Certification of noncompliance. -- (a) The department may certify in writing to any appropriate board that a support obligor is not in compliance with a court order of support if:

(1) The obligor does not timely request a hearing upon service of a notice issued under section 15-11.1-3 and is not in compliance with a court order of support thirty-one (31) days after service of the notice or mailing of the notice; or

(2) The family court issues a decision or order after hearing that finds the obligor is not in compliance with a court order of support, and the obligor has not appealed the decision within any applicable appeal period provided by law for appeals of a decision or order of a {DEL master DEL} {ADD magistrate ADD} of the family court; or

(3) After a decision or order of the family court has been appealed, a decision or order of the Rhode Island supreme court which determines or affirms that the obligor is not in compliance with a court order of support.

(b) The department's certification shall include a copy of the decision or order of the court, where applicable. The department shall send by first class mail a copy of any certification of noncompliance filed with a board to the obligor at the obligor's most recent address of record.

[See section 12-1-15 of the General Laws.]

SECTION 7. Sections 15-16-2, 15-16-5.1, 15-16-7, and 15-16-10 of the General Laws in Chapter 15-16 entitled "Income Withholding" are hereby amended to read as follows:

15-16-2. Definitions. -- For purposes of this chapter, except as may otherwise be required by the context:

(1) "Agency" means either the court or agency of any other jurisdiction with income withholding functions similar to those of the department of administration, division of taxation, child support enforcement defined in this chapter, including the issuance and enforcement of support orders.

(2) "Child" means any child, whether above or below the age of majority, with respect to whom a support order exists.

(3) "CSE system" means the Rhode Island family court/department of administration, division of taxation, child support computer enforcement system, which system maintains the official record of support orders and arrearages of all support orders entered thereon in accordance with applicable administrative orders issued by the Rhode Island family court.

(4) "Court" means the Rhode Island family court and, when the context requires, means either the court or agency of any other jurisdiction with functions similar to those defined in this chapter, including the issuance and enforcement of support orders.

(5) "Department" means the division of taxation, within the department of administration.

(6) "Income" shall include amounts paid or payable by a payor who is subject to the jurisdiction of this state to an obligor as:

(i) Compensation paid or payable for personal services whether denominated as wages, salary, commission, bonus, or otherwise, whether taxable or not taxable and specifically including periodic payments pursuant to pension or retirement programs or insurance policies of any type; or

(ii) Benefit payments or other similar compensation paid or payable to the obligor by or through a department, agency, or political subdivision of the state or federal government or by an insurance company, including unemployment compensation benefits, workers' compensation benefits, and temporary disability benefits, except where garnishment or attachment of benefit payments is prohibited by federal law.

(7) "Income withholding order" means an order to withhold income of an obligor to pay support, arrearages, and fees, if any, authorized under this chapter, whether the order is issued by the department and filed with the clerk of the family court, or whether the order is issued by the family court as provided for in this chapter or whether the order is issued by a court or agency of another jurisdiction.

(8) "Jurisdiction" means any state or political subdivision, territory or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.

(9) " {DEL Master DEL} {ADD Magistrate ADD}" means a {DEL master DEL} {ADD magistrate ADD} of the family court pursuant to section 8-10-3.1.

(10) "Obligee" means any person or entity which is entitled to receive support under an order of support and shall include an agency of another jurisdiction to which a person has assigned his or her right to support.

(11) "Obligor" means any person required to make payments under the terms of a support order for a child, spouse, or former spouse.

(12) "State plan" means the Rhode Island state plan for child and spousal support established in accordance with title IV, part D, section 454 of the federal Social Security Act, 42 U.S.C. section 654, which plan includes but is not limited to the establishment and enforcement of support orders on behalf of a person, whether residing in this state or another jurisdiction, who is: (i) receiving aid to families with dependent children pursuant to part A of title IV of the federal Social Security Act, 42 U.S.C. section 601 et seq., or (ii) receiving foster care maintenance payments pursuant to part E of title IV of the federal Social Security Act, 42 U.S.C. section 670 et seq., or (iii) not receiving aid to families with dependent children nor foster care maintenance payments who files an application for support enforcement services with the Rhode Island department of administration, division of taxation, child support enforcement or any authorized title IV, part D agency of another jurisdiction.

(13) "Support order" means a judgment, decree of order, whether temporary, final, or subject to modification, issued by the family court, by the division of taxation within the department of administration under section 15-16-7 or by a court or agency of another jurisdiction, for the benefit of a child, a spouse, or a former spouse, which provides for monetary support, health care, arrearages, or reimbursement, and may include related costs and fees, interest, income withholding, attorney's fees, and other relief.

(14) "Tribunal" means a court, administrative agency, or quasijudicial entity authorized to establish, enforce, or modify support orders or to determine parentage.

(15) "Withholding agent" means any person, firm, partnership, corporation, association, trust, federal or state agency, department, or political subdivision, paying or obligated to pay income, as defined in this chapter, to an obligor.

15-16-5.1. Immediate income withholding -- Support orders issued or modified on or after January 1, 1994. -- (a) With respect to a support order issued, enforced, or modified on or after January 1, 1994, the income of an obligor shall be subject to immediate income withholding under this chapter on the effective date of the order, regardless of whether support payments by the obligor are in arrears; provided that the income of the obligor shall not be subject to immediate income withholding: (1) if a judge or {DEL master DEL} {ADD magistrate ADD} of the family court finds that there is good cause not to require immediate income withholding or (2) if the obligor and obligee, and the department in the case of an obligee subject to an assignment of support rights under section 40-6-9, enter into a written agreement or order which provides for an alternative arrangement for the timely payment of support due under the support order.

(b) The obligor shall be given advance notice, by way of the pleadings or otherwise, that his or her income is subject to immediate income withholding as provided in subsection (a), that the maximum amount of income to be withheld may not exceed the limit permitted under section 303(b) of the Consumer Credit Protection Act, 15 U.S.C. 1673(b), and that he or she may contest immediate income withholding, and assert any defenses, exceptions, or exemptions to which he or she may be entitled at a hearing before a judge or {DEL master DEL} {ADD magistrate ADD} of the family court.

(c) With the exception of those income withholding orders issued pursuant to section 15-23.1-501, an immediate income withholding order issued under this section shall be filed by the department or the obligee with the clerk of the family court or, as appropriate, with the reciprocal office of the family court and shall be subject to the provisions of sections 15-16-9 through 15-16-13.

15-16-7. Income withholding by withholding agency -- Registry -- Judicial review. -- (a) If an obligor or obligee requests income withholding or if the obligor fails to timely file his or her statement contesting income withholding as required under section 15-16-5, the income withholding shall become effective without the necessity for a hearing before a {DEL master DEL} {ADD magistrate ADD} of the family court, and the department shall issue an income withholding order to the withholding agent with notice of the order to the obligor, in accordance with section 15-16-9.

(b) The department shall maintain a central registry of all income withholding orders issued pursuant to this section and section 15-16-8, and it shall enter such orders on the CSE system.

(c) An obligor aggrieved by the issuance of an income withholding order by the department under this section shall be entitled to judicial review de novo by the family court.

15-16-10. Duties and liabilities of withholding agent. -- (a) An income withholding agent shall remit to the clerk of the family court or such other remittee as directed in the income withholding order, except as provided in subsection (i), all amounts withheld from the income of an obligor within seven (7) days of the date the income was paid or payable to the obligor, and the income withholding agent shall specify the date and amount of each withholding included in the remittance, the social security number of the obligor, the child support account number, the employee's name, and any other information as required if electronic transfer is utilized. The withholding agent may combine withheld amounts from two (2) or more obligors into a single payment, provided that the withholding agent separately identifies the individual obligors and the amount attributable to each obligor.

(b) An income withholding agent may deduct a fee of two dollars ($2.00) from the obligor's remaining income for each payment made pursuant to an income withholding order under this chapter.

(c) The income withholding agent must notify the department, in writing, of the termination of the obligor's employment within ten (10) days of the termination. Notice shall include the last known address of the obligor and the name and address of the obligor's new employer, if known.

(d) Any withholding agent failing to comply with any of the requirements of this chapter may be punished by the family court or its {DEL master DEL} {ADD magistrate ADD} for civil contempt. The court or its {DEL master DEL} {ADD magistrate ADD} shall first afford the withholding agent a reasonable opportunity to purge itself of the contempt.

(e) Any withholding agent who shall fail or refuse to deliver income pursuant to an income withholding order issued under this chapter, when the withholding agent has had in its possession the income, shall be personally liable for the amount of the income which the withholding agent failed or refused to deliver, together with costs, interest, and reasonable attorney's fees.

(f) Any withholding agent who dismisses, demotes, disciplines, refuses to hire, or in any way penalizes an obligor on account of any income withholding order issued under this chapter shall be liable to the obligor for all damages, together with costs, interest thereon, and reasonable attorney's fees resulting from the action, and shall be subject to a fine not to exceed one hundred dollars ($100.00). The withholding agent shall be required to make full restitution to the aggrieved obligor including reinstatements and back pay.

(g) A withholding agent may be enjoined by a court of competent jurisdiction from continuing any action in violation of this chapter.

(h) Compliance by a withholding agent with an income withholding order issued under this chapter operates as a discharge of the withholding agent's liability to the obligor as to that portion of the obligor's income so affected.

(i) [Deleted by P.L. 1997, ch. 170, section 6.]

SECTION 8. Sections 15-5-16.2, 15-5-16.6, and 15-5-24 of the General Laws in Chapter 15-5 entitled "Divorce and Separation" are hereby amended to read as follows:

15-5-16.2. Child support. -- (a) In a proceeding for divorce, divorce from bed and board, a miscellaneous petition without the filing of divorce proceedings, or child support, the court shall order either or both parents owing a duty of support to a child to pay an amount based upon a formula and guidelines adopted by an administrative order of the family court. If, after calculating support based upon court established formula and guidelines, the court, in its discretion, finds the order would be inequitable to the child or either parent, the court shall make findings of fact and shall order either or both parents owing a duty of support to pay an amount reasonable or necessary for the child's support after considering all relevant factors including, but not limited to:

(1) The financial resources of the child;

(2) The financial resources of the custodial parent;

(3) The standard of living the child would have enjoyed had the marriage not been dissolved;

(4) The physical and emotional condition of the child and his educational needs; and

(5) The financial resources and needs of the non-custodial parent.

(b) The court may, if in its discretion it deems it necessary or advisable, order child support and education costs for children attending high school at the time of their eighteenth birthday and for ninety (90) days after graduation, but in no case beyond their nineteenth birthday.

(c) The court may, if in its discretion it deems it necessary or advisable, appoint an attorney or a guardian ad litem to represent the interest of a minor or dependent child with respect to his or her support, custody, and visitation. The court shall enter an order for costs, fees, and disbursements in favor of the child's attorney. The order shall be made against either or both parents. After a decree for support has been entered, the court may from time to time upon the petition of either party review and alter its decree relative to the amount of support and the payment thereof, and may make any decree relative thereto which it might have made in the original suit. The decree may be made retroactive in the court's discretion only to the date that notice of a petition to modify was given to the adverse party if the court finds that a substantial change in circumstances has occurred; provided however, the court shall set forth in its decision the specific findings of fact which show a substantial change in circumstances and upon which findings of facts the court has decided to make the decree retroactive.

(d) (1) In a proceeding to enforce a child support order, or a spousal support order for a custodial parent having custody of a minor child, the court or its {DEL master DEL} {ADD magistrate ADD} may assign to the obligee such tangible personal property of the obligor as will be sufficient to satisfy the child or spousal support arrearage owed. The court or its {DEL master DEL} {ADD magistrate ADD}, after hearing, shall establish the amount of the child or spousal support arrearage, and the nature and value of the tangible personal property. To effect the assignment, the court or its {DEL master DEL} {ADD magistrate ADD} may order the obligor to execute and deliver the documents of title which may be necessary to complete the transfer of title to the property, and may order the obligor to deliver possession of the property to the obligee. Whenever the obligor fails to comply with the order assigning the property, the order of assignment shall be regarded as a judgment vesting title to the property in the obligor as fully and completely as if the obligor had executed and delivered the documents of title.

(2) Any order for child support issued by the family court shall contain a provision requiring either or both parents owing a duty of support to a child to obtain health insurance coverage for the child when coverage is available to the parent or parents through their employment without cost or at a reasonable cost. Any existing child support orders may be modified in accordance with the provisions of this subsection unless the court makes specific written findings of fact that take into consideration the best interests of the child and conclude that such an order would be unjust or inappropriate in a particular case.

(e) In a proceeding to establish paternity or support, the court in its discretion may, after opportunity for hearing, issue a temporary order for child support payable into the registry of the court and to be held pending entry of judgment. In the event of a final adjudication requiring no payment or payments in an amount less than those payments which have been made pursuant to a temporary order under this section, the defendant shall be entitled to a refund of all or a portion of the amounts so paid.

(f) In any proceeding to establish support for a child or children receiving public assistance pursuant to chapter 5.1 of title 40, the court or its {DEL master DEL} {ADD magistrate ADD}, upon a finding that an able bodied absent parent is unemployed, underemployed or otherwise lacks sufficient income or resources from which to make payment of support equal to the public assistance payment for the child or children, shall order such parent to perform unpaid community service for at least twenty (20) hours per week through community service placements arranged and supervised by the department of human services and/or the division of taxation within the department of administration.

(g) In any proceeding to establish support for a minor child whose adjudicated parent is a minor (minor-parent), the court or its {DEL master DEL} {ADD magistrate ADD} may order a grandparent of the minor child to reimburse the department of human services in an amount not to exceed the total amount of cash assistance benefits paid to or for the minor child pursuant to chapter 5.1 of title 40 until such minor-parent reaches the age of eighteen (18), less any payment made to the department by such minor parent.

It is hereby declared that the obligation of reimbursement for such minor child shall be the joint and several responsibility of the minor parent and the grandparent(s) until the minor parent reaches the age of eighteen (18) and provided, however, that each joint obligor shall have a right of contribution against each joint obligor, which right shall be enforceable by an action in the family court.

(h) All support orders established or modified in the state on or after October 1, 1998, shall be recorded with the Rhode Island family court/department of administration, division of taxation child support computer enforcement system which maintains the official registry of support orders entered thereon in accordance with applicable administrative orders issued by the Rhode Island family court. The support order shall be recorded whether or not services are being provided under the IV-D state plan.

Each party to a paternity or child support proceeding shall be required to file with the family court, upon the entry of the order, the appropriate form as provided by family court which includes the full name of the parties, residential and mailing address, telephone number, drivers license number, social security number and the name, address and telephone number of the employer. The form shall also include the full order amount and date and amount of arrearages if any, the name of the child(ren), their date of birth, address and social security number and any other information as required by administrative order.

Thereafter, each party is required to file an amended form whenever any of the information contained on the original form has been changed in any way, within ten (10) days of the change. The information shall be entered in the child support enforcement computer system within five (5) business days of receipt of the amended form.

In any subsequent child support enforcement action between the parties, upon sufficient showing that diligent effort has been made to ascertain the location of such a party, the court may deem state due process requirements for notice and service of process to be met with respect to the party, upon service by first class mail or, where appropriate, by service as specified in the Rhode Island rules of procedure for domestic relations for the Family Court of Rhode Island, of written notice to the most recent residential or employer address of record.

[See section 12-1-15 of the General Laws.]

15-5-16.6. Security, bond, or guarantee to secure payment of overdue support. -- (a) In a proceeding to enforce overdue support, as defined in subsection (b), the court or its {DEL master DEL} {ADD magistrate ADD}, after hearing, and a finding of overdue support, may require an obligor parent to give security, post a bond, or give some other guarantee to secure payment of overdue support; the security, bond, or guarantee is to be in such amount, for such term, and upon such conditions as the court or {DEL master DEL} {ADD magistrate ADD} shall deem necessary or advisable. The court may order that the security, bond, or other guarantee be deposited into the registry of the family court. The obligor parent shall be served with the notice of any proceeding under this section and the notice shall state the procedures to contest the action.

(b) For purposes of this section, "overdue support" means a delinquency pursuant to an obligation determined under a court order, or an order of an administrative process established under the law of any state, for: (1) support and maintenance of a minor child, which is owed to or on behalf of the child, or (2) support and maintenance of the obligor parent's spouse or former spouse with whom the child is living.

15-5-24. Support -- Wage assignment procedures. -- (a) With respect to a support order issued, enforced, or modified on or after January 1, 1994, the income of an obligor shall be subject to immediate income withholding under chapter 16 of this title on the effective date of the order, regardless of whether support payments by such obligor are in arrears; provided that the income of the obligor shall not be subject to immediate income withholding (1) if a judge or {DEL master DEL} {ADD magistrate ADD} of the family court finds that there is good cause not to require immediate income withholding or (2) if the obligor and obligee (and the department in the case of an obligee subject to an assignment of support rights under section 40-6-9) enter into a written agreement or the family court enters an order which provides for an alternative agreement for the timely payment of support due under the support order.

(b) The obligor shall be given the notice by way of the pleadings or otherwise, that his or her income is subject to immediate income withholding as provided in subsection (1) above, that the maximum amount of income to be withheld may not exceed the limit permitted under section 303(b) of the Consumer Credit Protection Act (15 U.S.C. 1673(b)), and that he or she may contest immediate income withholding, and assert any defenses, exceptions or exemptions to which he or she may be entitled, at a hearing before a judge or {DEL master DEL} {ADD magistrate ADD} of the family court.

(c) An immediate income withholding order issued under this section shall be filed by the obligee or the department of administration, division of taxation, child support enforcement with the clerk of the family court and shall be subject to the provisions of sections 15-16-9 through 15-16-12.

(d) A wage withholding made under this section shall be binding upon a wage withholding agent one week after service upon the wage withholding agent of the wage withholding by personal service or by registered or certified mail, until further order of the court. For purposes of this chapter, the term "employer" includes the state and federal governments and the political subdivisions of the state. The wage withholding agent shall remit to the clerk of the family court, or such other remittee, within seven (7) days of the date of withholding, the amount withheld pursuant to the wage withholding and the wage withholding agent shall specify the date and amount of each withholding included in the remittance, the social security number of the obligor, the child support account number, the employee's name and any other information as required if electronic transfer is utilized. The wage withholding agent may combine withheld amounts from two (2) or more obligors into a single payment, provided that the withholding agent separately identifies the individual obligors and the amount attributable to each obligor.

(e) The wage withholding agent may not use the wage withholding as a basis for the discharge of an employee or for any disciplinary action against the employee.

(f) The wage withholding agent must notify the clerk of the family court in writing, of the termination of the obligor employee's employment within ten (10) days of termination. Notice must include the name and address of the obligor employee's new employer if known.

(g) A wage withholding under this section shall have priority over any attachment, execution, garnishment, or wage assignment unless otherwise ordered by the court. A wage withholding under this section shall not be subject to any specific or general statutory exemption or limitation prohibiting levy, execution, assignment, or attachment process or limiting the amount subject to assignment levied against the income of the obligor employee except as provided by federal law.

(h) The family court shall be authorized and directed to promulgate rules, regulations, and forms reasonably calculated to apprise the obligor of exemptions available to him or her under the law with respect to a family court wage withholding and the procedure for asserting these exemptions.

(i) A wage withholding agent may deduct two dollars ($2.00) from the obligor's remaining income for each payment made pursuant to a wage withholding under this section to cover the wage withholding agent's expenses involved in the wage withholdings.

(j) The obligor shall pay all costs involved in the wage withholdings.

(k) The justices or {DEL master(s) DEL} {ADD magistrate(s) ADD} of the family court shall enter, when appropriate, an order for payment of reasonable counsel fees for the prosecution of the wage withholdings.

(l) Any judgment or order of support issuing from a court of competent jurisdiction of any state shall have the same force and effect as if the judgment or order issued from the Rhode Island family court.

(m) For purposes of this section and sections 15-5-25 and 15-5-26, the following definitions shall apply:

(1) "Income" shall include amounts paid or payable to an obligor as:

(i) Compensation paid or payable for personal services whether denominated as wages, salary, commission, bonus, or otherwise, whether taxable or not taxable, and specifically including periodic payments pursuant to pension or retirement programs or insurance policies of any type; and

(ii) Benefit payments or other similar compensation paid or payable to the obligor by or through a department, agency, or political subdivision of the state or federal government, or by an insurance company, including unemployment compensation benefits, workers' compensation benefits, and temporary disability benefits, except where garnishment or attachment of such benefit payments is prohibited by federal law.

(2) "Wage withholding agent" means any person, firm, partnership, corporation, association, trust, federal or state agency, department, or political subdivision, paying or obligated to pay income, as defined in this subsection, to an obligor of court ordered child support.

SECTION 9. Section 15-18-3 of the General Laws in Chapter 15-18 entitled "Commission on Child Support" is hereby amended to read as follows:

15-18-3. Membership. -- (a) The commission shall consist of fifteen (15) members: three (3) of whom shall be members of the house of representatives, not more than two (2) from the same political party, to be appointed by the speaker; two (2) of whom shall be from the senate, not more than one from the same political party to be appointed by the senate majority leader; one of whom shall be the chief judge of the family court, or his or her designee; one of whom shall be the chairperson of the supreme court advisory committee on women in the courts; one of whom shall be a {DEL master DEL} {ADD magistrate ADD} of the family court to be appointed by the chief judge of the family court; one of whom shall be the director of the department of human services or his or her designee; two (2) of whom shall be attorneys who are members of the family court bench bar committee to be appointed by the chairperson of the committee; one of whom shall be the chief counsel of the legal aid society; one of whom shall be a member of a child support advocacy group to be appointed by the governor; and two (2) members of the general public who at their time of appointment are custodial parents to be appointed by the governor. Members from the family court bench bar committee, members from the general public, and the member from the child support advocacy group shall serve two (2) year terms.

(b) Any vacancy on the commission shall be filled by the appointing authority in the same manner as the original appointment.

(c) The members shall annually elect, by majority vote, one of the members as chairperson, one of the members as vice-chairperson, and one of the members as secretary.

SECTION 10. This act shall take effect upon passage.