Chapter 324

2006 -- S 2419 SUBSTITUTE B

Enacted 07/04/06

A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE -- COURTS

Introduced By: Senators Paiva-Weed, Goodwin, McCaffrey, Gallo, and Perry

Date Introduced: February 09, 2006

It is enacted by the General Assembly as follows:

     SECTION 1. Section 8-8.1-1 of the General Laws in Chapter 8-8.1 entitled "Domestic

Assault" is hereby amended to read as follows:

8-8.1-1. Definitions. -- The following words as used in this chapter shall have the

following meanings:

      (1) "Cohabitants" means emancipated minors or persons eighteen (18) years of age or

older, not related by blood or marriage, who together are not the legal parents of one or more

children, and who have resided together within the preceding three (3) years or who are residing

in the same living quarters.

      (2) "Courts" means the district court.

      (3) "Domestic abuse" means the occurrence of one or more of the following acts between

cohabitants or against the minor child of a cohabitant, or the occurrence of one or more of the

following acts between persons who are or have been in a substantive dating or engagement

relationship within the past one year; or against a minor child in the custody of the plaintiff;

"domestic abuse" shall be determined by the court's consideration of the following factors:

      (i) The length of time of the relationship;

      (ii) The type of the relationship;

      (iii) The frequency of the interaction between the parties.

      (iv) Attempting to cause or causing physical harm;

      (v) Placing another in fear of imminent serious physical harm;

      (vi) Causing another to engage involuntarily in sexual relations by force, threat of force,

or duress.; or

(vii) stalking or cyberstalking.

      (4) "Sole legal interest" means defendant has an ownership interest in the residence and

plaintiff does not; or defendant's name is on the lease and plaintiff's is not.

(5) "Stalking" means harassing another person or willfully, maliciously and repeatedly

following another person with the intent to place that person in reasonable fear of bodily injury;

(6) "Cyberstalking" means transmitting any communication by computer to any person or

causing any person to be contacted for the sole purpose of harassing that person or his or her

family;

(7) "Harassing" means following a knowing and willful course of conduct directed at a

specific person with the intent to seriously alarm, annoy, or bother the person, and which serves

no legitimate purpose. The course of conduct must be such as would cause a reasonable person to

suffer substantial emotional distress, or be in fear of bodily injury;

(8) "Course of conduct" means a pattern of conduct composed of a series of acts over a

period of time, evidencing a continuity of purpose. Constitutionally protected activity is not

included within the meaning of "course of conduct."

     SECTION 2. Section 15-15-1 of the General Laws in Chapter 15-15 entitled "Domestic

Abuse Prevention" is hereby amended to read as follows:

15-15-1. Definitions. -- The following words as used in this chapter have the following

meanings:

      (1) "Courts" means the family court.

      (2) "Domestic abuse" means the occurrence of one or more of the following acts between

present or former family members, parents, stepparents, or persons who are or have been in a

substantive dating or engagement relationship within the past one year in which at least one of the

persons is a minor:

      (i) Attempting to cause or causing physical harm;

      (ii) Placing another in fear of imminent serious physical harm; or

      (iii) Causing another to engage involuntarily in sexual relations by force, threat of force,

or duress.

(iv) Stalking or cyberstalking.

     (3) "Parents" mean persons who together are the legal parents of one or more children,

regardless of their marital status or whether they have lived together at any time.

      (4) "Present or former family member" means the spouse, former spouse, minor children,

stepchildren, or persons who are related by blood or marriage.

      (5) "Substantive dating" or "engagement relationship" means a significant and

personal/intimate relationship which shall be adjudged by the court's consideration by the

following factors:

     (i) The length of time of the relationship;

      (ii) The type of relationship; and

      (iii) The frequency of interaction between the parties.

(6) "Stalking" means harassing another person or willfully, maliciously and repeatedly

following another person with the intent to place that person in reasonable fear of bodily injury;

(7) "Cyberstalking" means transmitting any communication by computer to any person or

causing any person to be contacted for the sole purpose of harassing that person or his or her

family;

(8) "Harassing" means following a knowing and willful course of conduct directed at a

specific person with the intent to seriously alarm, annoy, or bother the person, and which serves

no legitimate purpose. The course of conduct must be such as would cause a reasonable person to

suffer substantial emotional distress, or be in fear of bodily injury;

(9) "Course of conduct" means a pattern of conduct composed of a series of acts over a

period of time, evidencing a continuity of purpose. Constitutionally protected activity is not

included within the meaning of "course of conduct."

     SECTION 3. This act shall take effect upon passage.

=======

LC01791/SUB B/2

=======