2018 -- H 7301

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LC004191

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO DOMESTIC RELATIONS -- UNIFORM RECOGNITION AND

ENFORCEMENT OF CANADIAN DOMESTIC VIOLENCE PROTECTION ORDERS ACT

     

     Introduced By: Representatives Keable, Fogarty, Tanzi, Walsh, and O`Grady

     Date Introduced: January 25, 2018

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 15 of the General Laws entitled "DOMESTIC RELATIONS" is

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hereby amended by adding thereto the following chapter:

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CHAPTER 15.2

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UNIFORM RECOGNITION AND ENFORCEMENT OF CANADIAN DOMESTIC

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VIOLENCE PROTECTION ORDERS ACT

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     15-15.2-1. Short title.

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     This chapter shall be known and may be cited as the "Uniform Recognition and

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Enforcement of Canadian Domestic Violence Protection Order Act."

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     15-15.2-2. Definitions.

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     As used in this chapter:

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     (1) "Canadian domestic violence protection order" means a judgment or part of a

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judgment or order issued in a civil proceeding by a court of Canada under law of the issuing

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jurisdiction which relates to domestic violence and prohibits a respondent from:

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     (i) Being in physical proximity to a protected individual or following a protected

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individual;

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     (ii) Directly or indirectly contacting or communicating with a protected individual or

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other individual described in the order;

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     (iii) Being within a certain distance of a specified place or location associated with a

 

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protected individual; or

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     (iv) Molesting, annoying, harassing, or engaging in threatening conduct directed at a

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protected individual.

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     (2) "Domestic protection order" means an injunction or other order issued by a tribunal

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which relates to domestic or family violence laws to prevent an individual from engaging in

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violent or threatening acts against, harassment of, direct or indirect contact or communication

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with, or being in physical proximity to another individual.

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     (3) "Issuing court" means the court that issues a Canadian domestic violence protection

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order.

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     (4) "Law enforcement officer" means an individual authorized by the law of this state

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other than this chapter to enforce a domestic protection order.

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     (5) "Person" means an individual, estate, business or nonprofit entity, public corporation,

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government or governmental subdivision, agency, or instrumentality, or other legal entity.

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     (6) "Protected individual" means an individual protected by a Canadian domestic

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violence protection order.

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     (7) "Record" means information that is inscribed on a tangible medium or that is stored in

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an electronic or other medium and is retrievable in perceivable form.

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     (8) "Respondent" means an individual against whom a Canadian domestic violence

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protection order is issued.

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     (9) "State" means a state of the United States, the District of Columbia, Puerto Rico, the

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United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of

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the United States.

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     (10) "Tribunal" means a court, agency, or other entity authorized by law of this state

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other than this chapter to establish, enforce, or modify a domestic protection order.

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     15-15.2-3. Enforcement of Canadian domestic violence protection order by law

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enforcement officer.

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     (a) If a law enforcement officer determines under subsection (b) or (c) of this section that

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there is probable cause to believe a valid Canadian domestic violence protection order exists and

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the order has been violated, the officer shall enforce the terms of the Canadian domestic violence

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protection order as if the terms were in an order of a Rhode Island tribunal. Presentation to a law

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enforcement officer of a certified copy of a Canadian domestic violence protection order is not

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required for enforcement.

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     (b) Presentation to a law enforcement officer of a record of a Canadian domestic violence

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protection order that identifies both a protected individual and a respondent and on its face is in

 

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effect constitutes probable cause to believe that a valid order exists.

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     (c) If a record of a Canadian domestic violence protection order is not presented as

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provided in subsection (b) of this section, a law enforcement officer may consider other

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information in determining whether there is probable cause to believe that a valid Canadian

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domestic violence protection order exists.

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     (d) If a law enforcement officer determines that an otherwise valid Canadian domestic

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violence protection order cannot be enforced because the respondent has not been notified of or

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served with the order, the officer shall notify the protected individual that the officer will make

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reasonable efforts to contact the respondent, consistent with the safety of the protected individual.

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After notice to the protected individual and consistent with the safety of the individual, the officer

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shall make a reasonable effort to inform the respondent of the order, notify the respondent of the

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terms of the order, provide a record of the order, if available, to the respondent, and allow the

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respondent a reasonable opportunity to comply with the order before the officer enforces the

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order.

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     (e) If a law enforcement officer determines that an individual is a protected individual,

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the officer shall inform the individual of available local victim services.

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     15-15.2-4. Enforcement of Canadian domestic violence protection order by tribunal.

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     (a) A Rhode Island tribunal may issue an order enforcing or refusing to enforce a

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Canadian domestic violence protection order on application of:

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     (1) A person authorized by the law of this state other than this chapter to seek

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enforcement of a domestic protection order; or

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     (2) A respondent.

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     (b) In a proceeding under subsection (a) of this section, the tribunal shall follow the

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procedures of this state for enforcement of a domestic protection order. An order entered under

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this section is limited to the enforcement of the terms of the Canadian domestic violence

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protection order as described in § 15-15.2-2.

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     (c) A Canadian domestic violence protection order is enforceable under this section if:

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     (1) The order identifies a protected individual and a respondent;

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     (2) The order is valid and in effect;

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     (3) The issuing court had jurisdiction over the parties and the subject matter under law

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applicable in the issuing court; and

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     (4) The order was issued after:

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     (i) The respondent was given reasonable notice and had an opportunity to be heard before

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the court issued the order; or

 

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     (ii) In the case of an ex parte order, the respondent was given reasonable notice and had

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or will have an opportunity to be heard within a reasonable time after the order was issued, in a

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manner consistent with the right of the respondent to due process.

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     (d) A Canadian domestic violence protection order valid on its face is prima facie

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evidence of its enforceability under this section.

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     (e) A claim that a Canadian domestic violence protection order does not comply with

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subsection (c) of this section is an affirmative defense in a proceeding seeking enforcement of the

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order. If the tribunal determines that the order is not enforceable, the tribunal shall issue an order

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that the Canadian domestic violence protection order is not enforceable under this section and §

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15-15.2-3 and may not be registered under § 15-15.2-5.

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     (f) This section applies to enforcement of a provision of a Canadian domestic violence

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protection order against a party to the order in which each party is a protected individual and

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respondent only if:

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     (1) The party seeking enforcement of the order filed a pleading requesting the order from

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the issuing Rhode Island tribunal; and

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     (2) The Rhode Island tribunal made specific findings that entitled the party to the

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enforcement sought.

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     15-15.2-5. Registration of Canadian domestic violence protection order.

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     (a) An individual may register a Canadian domestic violence protection order in this

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state. To register the order, the individual must present a certified copy of the order to a law

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enforcement officer.

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     (b) Registration in this state or filing under law of this state other than this chapter of a

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Canadian domestic violence protection order is not required for its enforcement under this

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chapter.

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     15-15.2-6. Immunity.

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     The state, state agency, local governmental agency, law enforcement officer, prosecuting

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attorney, clerk of court, and state or local governmental official acting in an official capacity are

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immune from civil and criminal liability for an act or omission arising out of the registration or

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enforcement of a Canadian domestic violence protection order or the detention or arrest of an

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alleged violator of a Canadian domestic violence protection order if the act or omission was a

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good faith effort to comply with this chapter.

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     15-15.2-7. Other remedies.

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     An individual who seeks a remedy under this chapter may seek all other legal or

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equitable remedies available to that individual.

 

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     15-15.2-8. Uniformity of application and construction.

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     In applying and construing this uniform act, consideration must be given to the need to

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promote uniformity of the law with respect to its subject matter among states that enact it.

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     15-15.2-9. Relation to electronic signatures in global and national commerce act.

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     This chapter modifies, limits, or supersedes the Electronic Signatures in Global and

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National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede

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Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of

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the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b ).

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     15-15.2-10. Application.

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     This chapter applies to a Canadian domestic violence protection order issued before, on,

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or after the effective date of this chapter and to a continuing action for enforcement of a Canadian

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domestic violence protection order commenced before, on, or after the effective date of this

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chapter. A request for enforcement of a Canadian domestic violence protection order made on or

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after the effective date of this chapter for a violation of the order occurring before, on, or after the

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effective date of this chapter is governed by this chapter.

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     15-15.2-11. Severability.

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     If any provision of this chapter or its application to any person or circumstance is held

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invalid, the invalidity does not affect other provisions or applications of this chapter which can be

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given effect without the invalid provision or application, and to this end the provisions of this

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chapter are severable.

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     SECTION 2. This act shall take effect upon passage.

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LC004191

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO DOMESTIC RELATIONS -- UNIFORM RECOGNITION AND

ENFORCEMENT OF CANADIAN DOMESTIC VIOLENCE PROTECTION ORDERS ACT

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     This act would enact the Uniform Recognition of Canadian Domestic Violence

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Protection Orders Act to promote uniformity of the law among states that enact it.

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     This act would take effect upon passage.

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LC004191

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