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:
{ADD 12-29-5. Disposition of domestic violence cases. -- ADD}
(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, appropriate to address his or her violent behavior, a program with demonstrated expertise in counseling domestic violence offenders. 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) assessment for the support of the domestic violence training and monitoring unit established pursuant to section 12-29-6(c). All moneys collected pursuant to this section shall be deposited in the fund created by section 12-29-6.1.
{ADD (c) Every person convicted of an offense punishable as a misdemeanor involving domestic violence as defined in section 12-29-2 shall;
(1) for a second violation be imprisoned for a term of not less than ten (10) days and not more than one (1) year.
(2) for a third and subsequent violation be deemed guilty of a felony and be imprisoned for a term of not less than (1) one year and not more than ten (10) years.
No jail sentence provided for under this section can be suspended.
Nothing in this subsection shall be construed as limiting the discretion of the judges to impose additional sanctions authorized in sentencing. ADD}
SECTION 2. This act shall take effect upon passage.