Chapter 073
2011 -- S 0334
Enacted 06/15/11
A N A C T
RELATING TO CRIMINAL PROCEDURE -- DOMESTIC VIOLENCE PREVENTION ACT
Introduced
By: Senators Goodwin,
Date Introduced: February 16, 2011
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;
(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.). ; and
(15) Cyberstalking and cyberharassment
(section 11-52-4.2).
(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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LC00915
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