Chapter 300

2007 -- H 5632

Enacted 07/06/07

A N A C T

RELATING TO CRIMINAL PROCEDURE DOMESTIC VIOLENCE PREVENTION ACT

Introduced By: Representatives E Coderre, Williams, O`Neill, Shanley, and Melo

Date Introduced: February 28, 2007

It is enacted by the General Assembly as follows:

     SECTION 1. Section 12-29-2 of the General Laws in Chapter 12-29 entitled "Domestic

Violence Prevention Act" is hereby amended to read as follows:

12-29-2. Definitions. -- (a) "Domestic violence" includes, but is not limited to, any of the

following crimes when committed by one family or household member against another:

      (1) Simple assault (section 11-5-3);

      (2) Felony assaults (sections 11-5-1, 11-5-2, and 11-5-4);

      (3) Vandalism (section 11-44-1);

      (4) Disorderly conduct (section 11-45-1);

      (5) Trespass (section 11-44-26);

      (6) Kidnapping (section 11-26-1);

      (7) Child-snatching (section 11-26-1.1);

      (8) Sexual assault (sections 11-37-2, 11-37-4);

      (9) Homicide (sections 11-23-1 and 11-23-3);

      (10) Violation of the provisions of a protective order entered pursuant to section 15-5-19,

chapter 15 of title 15, or chapter 8.1 of title 8 where the respondent has knowledge of the order

and the penalty for its violation or a violation of a no contact order issued pursuant to section 12-

29-4; and

      (11) Stalking (sections 11-59-1 et seq.).

(12) Refusal to relinquish or to damage or to obstruct a telephone (section 11-35-14);

(13) Burglary and Unlawful Entry (section 11-8-1 et seq.) and

(14) Arson (section 11-4-2 et seq.).

      (b) "Family or household member" means spouses, former spouses, adult persons related

by blood or marriage, adult persons who are presently residing together or who have resided

together in the past three (3) years, and persons who have a child in common regardless of

whether they have been married or have lived together, or if persons who are or have been in a

substantive dating or engagement relationship within the past one year which shall be determined

by the court's consideration of the following factors:

      (1) the length of time of the relationship;

      (2) the type of the relationship;

      (3) the frequence of the interaction between the parties.

      (c) "Protective order" means an order issued pursuant to section 15-5-19, chapter 15 of

title 15, or chapter 8.1 of title 8.

      (d) "Victim" means a family or household member who has been subjected to domestic

violence.

     SECTION 2. This act shall take effect upon passage.

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LC00914

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