2003 -- H 5787

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LC02087

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2003

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A N A C T

RELATING TO DISTRICT COURT

     Introduced By: Representatives Kilmartin, Moran, and Dennigan

     Date Introduced: February 11, 2003

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 8-8 of the General Laws entitled "District Court" is hereby

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amended by adding thereto the following section:

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     8-8-1.1. Domestic violence court. - - (1) That domestic violence is a grave problem

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which results in death and bodily injury to a great number of Rhode Island citizens on a yearly

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basis;

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     (2) That domestic violence and the threat of domestic violence does great damage to the

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psychological and emotional well-being of its victims;

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     (3) that domestic violence has a great pecuniary effect on this state by wasting family

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resources and/or leading to the break-up of the family unit;

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     (4) That in order to prevent domestic violence offenses, especially repeat offenses, there

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must be swift disposition of domestic offenses in our courts and the prospect of certain

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punishment for those adjudicated guilty including mandatory counseling and such other

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conditions as will tend to prevent recurrences of such offenses;

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     (5) That to ensure the appropriate disposition of all domestic violence cases, all domestic

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violence disposition must be recorded in an electronic data system which is available for inquiry

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at all times throughout the state and there must be a central registry of all civil domestic violence

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restraining orders which is available for inquiry at all times throughout the state.

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     (A) Therefore, the general assembly hereby declares it to be the policy of the state of

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Rhode Island to provide maximum security to its people from domestic violence offenses by

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expediting the processing and disposition of such cases.

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     (B) To accomplish this purpose and in an effort to minimize delay in the processing of

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criminal domestic violence cases there shall be established a separate calendar within the district

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court for the trial and disposition of all actions brought pursuant to section 12-29-2.

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     (C) The chief judge of the district court shall establish a “Domestic Violence Court of the

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District Court” to hear and decide all misdemeanor and petty misdemeanor criminal actions

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brought pursuant to section 12-29-2. All trials for domestic violence offenses shall be scheduled

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for trial within thirty (30) days of arraignment. No continuances shall be granted except for good

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cause shown. Such continuances as are necessary shall be granted for the shortest practicable

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time. Said calendar shall also hear and decide violations of probation and bail revocation hearings

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involving domestic violence offenses.

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     (D) There shall be established within the domestic violence court of the district court an

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appellate section which shall have jurisdiction to hear de novo appeals from the domestic

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violence court. To this end it is authorized to conduct jury trials. Jury trials shall be scheduled

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within thirty (30) days of the filing of the appeal from the nonjury trial. No continuances shall be

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granted except for good cause shown. Such continuances as are necessary shall be granted for the

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shortest practicable time. Said appellate section of the domestic violence court of the district shall

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follow, to the extent applicable, the statutes and rules of procedure established for district court

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appeals in the superior court.

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     The appellate section shall also hear and determine nonfelony domestic violence cases in

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which the right to jury trial has not been waived; in such cases the jury trial shall be scheduled

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within forty-five (45) days of arraignment. No continuances shall be granted except for good

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causes shown. Such continuances as are necessary shall be granted for the shortest practicable

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time.

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     (E) The appellate section of the domestic violence court of the district court may, from

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time to time, by order of the chief judge and with the approval of the presiding justice of the

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superior court and the chief justice of the supreme court, be authorized to have concurrent

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jurisdiction with the superior court with regard to noncapital felony offenses brought pursuant to

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section 12-29-2. When hearing such cases, the court shall follow, to the extent applicable, the

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statutes and rules of procedure established for the trial of felony cases in the superior court; any

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domestic violence case properly before the court for trial shall be tried to conclusion by the

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domestic violence court notwithstanding any issue which is raised at trial regarding the

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applicability of section 12-29-2 to the matter being tried.

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     (F) The domestic violence court of the district court shall hear and determine all hearings

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regarding the issuance of final orders pursuant to chapter 8.1 of title 8 of these general laws.

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     (G) All proceedings of the domestic violence court of the district court shall be recorded

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by electronic or stenographic means.

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     (H) The chief judge of the district court shall assign two (2) judges to the ‘Domestic

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Violence Court of the District Court” or more if such assistance is deemed warranted. The chief

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judge may promulgate such rules, not inconsistent with law, as are necessary to fulfill the

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objectives of the domestic violence court of the district court, including the transfer of cases

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between divisions and counties.

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     In order to fulfill the goals and objectives of the domestic violence court the district court

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is hereby authorized the following additional positions: two (2) courtroom clerks; two (2)

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electronic court recorders’ and two (2) court clerks.

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     (I) The department of the attorney general shall prosecute all cases heard by the domestic

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violence court of the district court. The attorney general shall also establish and maintain a

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registry of all protective orders and no-contact orders issued pursuant to chapter 8.1 of title 8,

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chapter 29 of title 12, chapter 5 of title 15, and chapter 15 of title 15.

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     SECTION 2. Sections 8-8-1 and 8-8-3 of the General Laws in Chapter 8-8 entitled

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"District Court" are hereby amended to read as follows:

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     8-8-1. District Court established -- Chief and associate justices. -- There is established

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a district court for the state of Rhode Island which shall consist of a chief judge and twelve (12)

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fourteen (14) associate judges. The district court shall be a court of record and shall have a seal

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with such words and devices as it shall adopt.

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     8-8-3. Jurisdiction. -- (a) The district court shall have exclusive original jurisdiction of:

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      (1) All civil actions at law, but not causes in equity or those following the course of

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equity except as provided in section 8-8-3.1 and chapter 8.1 of this title, wherein the amount in

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controversy does not exceed five thousand dollars ($5,000);

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      (2) All actions between landlords and tenants pursuant to chapter 18 of title 34 and all

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other actions for possession of premises and estates notwithstanding the provisions of subsection

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(c) of this section;

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      (3) All actions of replevin where the goods and chattels to be replevied are of the value

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of five thousand dollars ($5,000) or less;

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      (4) All violations of minimum housing standards whether established by chapter 24.3 of

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title 45 or by any municipal ordinance, rule, or regulation passed pursuant to the authority granted

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either by chapter 24.2 of title 45 or by special act of the general assembly governing minimum

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housing standards; except that in the event the city of Providence or town of North Providence

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shall by ordinance create a court for the purpose of exercising jurisdiction over violations of

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minimum housing standards, Providence Municipal Zoning Code and the Rhode Island State

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Building Code, chapter 27.3 of title 23, concerning properties which are not owned by the state,

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upon enactment of the ordinance, that court shall have exclusive original jurisdiction of violations

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of the above listed codes and standards as defined herein occurring within the city of Providence

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or the town of North Providence, and the district court shall be without jurisdiction over those

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actions;

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      (5) All suits and complaints for offenses against the bylaws, ordinances, and regulations

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of cities and towns whether passed by the cities or towns or under the law by the properly

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constituted authorities thereof;

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      (6) All other actions, proceedings, and matters of whatever nature which are or shall be

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declared to be within the jurisdiction of the court by the laws of the state.

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      (b) The district court shall also have any special jurisdiction which is or may be

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conferred by charter or law upon justices of the peace if no special court exists or is created by

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charter or law for that purpose.

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      (c) The district court shall have concurrent original jurisdiction with the superior court of

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all civil actions at law wherein the amount in controversy exceeds the sum of five thousand

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dollars ($5,000) and does not exceed ten thousand dollars ($10,000); provided, however, that in

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any such action, any one or more defendants may in the answer to the complaint demand removal

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of the action to the superior court, in which event the action shall proceed as if it had been filed

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originally in the superior court.

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      (d) The district court shall have special jurisdiction to grant relief as set forth under

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section 15-15-4(b)(1).

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     (e) All domestic violence actions pursuant to section 1.1 of this chapter; and the district

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court may, from time to time, by order of the chief judge and with the approval of the chief

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justice of the supreme court, establish an appellate section which shall have concurrent

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jurisdiction with the superior court with regard to appeals from the district court in all cases,

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whether civil or criminal; the appellate section of the district court shall follow, to the extent

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applicable, the statutes and rules of procedure established for district court appeals in the superior

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court.

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     SECTION 3. Sections 12-29-2 and 12-29-5 of the General Laws in Chapter 12-29

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entitled "Domestic Violence Prevention Act" are hereby amended to read as follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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29-4 and violation of a foreign protective order pursuant to section 12-29-5.1; and

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

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

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

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

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

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

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by the court's consideration of the following factors:

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      (1) the length of time of the relationship;

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      (2) the type of the relationship;

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

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

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title 15, or chapter 8.1 of title 8.

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

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violence.

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     12-29-5. Disposition of domestic violence cases. -- (a) Every person convicted of or

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placed on probation for a crime involving domestic violence or whose case is filed pursuant to

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section 12-10-12 where the defendant pleads nolo contendere, in addition to any other sentence

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imposed or counseling ordered, shall be ordered by the judge to attend, at his or her own expense,

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a batterer's intervention program appropriate to address his or her violent behavior. This order

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shall be included in the conditions of probation. Failure of the defendant to comply with the order

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shall be a basis for violating probation and/or the provisions of section 12-10-12. This provision

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shall not be suspended or waived by the court.

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      (b) Every person convicted of or placed on probation for a crime involving domestic

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violence, as enumerated in section 12-29-2 or whose case if filed pursuant to section 12-10-12

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where the defendant pleads guilty or nolo contendere, in addition to other court costs or

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assessments imposed, shall be ordered to pay a twenty-five dollar ($25.00) assessment. All

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moneys collected pursuant to this section shall be deposited as general revenue.

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      (c) (1) Every person convicted of an offense punishable as a misdemeanor involving

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domestic violence as defined in section 12-29-2 shall:

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      (i) For a second violation be imprisoned for a term of not less than ten (10) days and not

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more than one year.

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      (ii) For a third and subsequent violation be deemed guilty of a felony and be imprisoned

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for a term of not less than one year and not more than ten (10) years.

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      (2) No jail sentence provided for under this section can be suspended.

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      (3) Nothing in this subsection shall be construed as limiting the discretion of the judges

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to impose additional sanctions authorized in sentencing.

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      (d) For the purposes of this section, "batterers intervention program" means a program

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which is certified by the batterers intervention program standards oversight committee according

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to minimum standards, pursuant to sections 12-29-5.1, 12-29-5.2, and 12-29-5.3.

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     Notwithstanding the minimum periods of imprisonment specified in this subdivision, no

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defendant shall be afforded the benefits of suspension of sentence, of probation, of deferment of

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sentence pursuant to section 12-19-19 of a filing pursuant to section 12-20-12.

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     For purposes of this section, a prior adjudication shall consist of a finding of guilty, a plea

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of guilty, or a plea of nolo contendere for which a sentence of imprisonment, whether or not

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suspended, a period of probation, or a fine was imposed or for which sentence was deferred

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pursuant to section 12-19-19 or which was ordered filed pursuant to section 12-10-12.

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     (e) In order to ensure that the mandates of subdivision (a) of this section are fulfilled, the

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department of corrections shall establish a domestic violence unit within its division of

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rehabilitative services, which shall monitor compliance with all conditions of probation in

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domestic violence cases and which shall monitor compliance with conditions of filings ordered

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pursuant to section 12-10-12 in domestic violence cases. The domestic violence unit shall refer

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domestic violence offenders to appropriate counseling agencies. The domestic violence unit

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described herein shall report to the court forthwith any violation of the conditions placed upon

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domestic violence offenders.

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     (f) In addition, when sentencing a person for the commission of a domestic violence

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offense, the sentencing judge may issue a protective order pursuant to all provisions of chapter

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8.1 of title 8 of the general laws which shall be effective immediately and for up to two (2) years

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subsequent to the termination of any period of probation or period of filing ordered for the

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offense. The sentencing judge shall have authority to issue a protective order in all domestic

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violence cases notwithstanding the relationship of the defendant and the victim.

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     SECTION 4. Chapter 12-29 of the General Laws entitled "Domestic Violence

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Prevention Act" is hereby amended by adding thereto the following section:

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     12-29-5.4. Violation of foreign protective orders. - - Any person who shall willfully

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violate, within this state, the terms and conditions of a domestic violence protective order issued

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under the laws of any other state or area within the jurisdiction of the United States shall be

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deemed guilty of a misdemeanor. Prosecutions under this section may only be maintained if,

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under the laws of the state or other area within the jurisdiction of the United States issuing the

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protective order, it is a criminal offense to violate the protective order. Prosecutions under this

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section shall be subject to the mandatory sentencing provisions of section 12-29-5. A certified

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copy of the foreign court order with a duly made return of service shall constitute prima facie

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proof of the existence of the restraining order and proof of service.

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     SECTION 5. Section 8-8.1-3 of the General Laws in Chapter 8-8.1 entitled "Domestic

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Assault" is hereby amended to read as follows:

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     8-8.1-3. Protective orders -- Penalty -- Jurisdiction. -- (a) A person suffering from

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domestic abuse may file a complaint in the district court requesting any order which will protect

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her or him from the abuse, including but not limited to the following:

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      (1) Ordering that the defendant be restrained and enjoined from contacting, assaulting,

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molesting or otherwise interfering with the plaintiff at home, on the street, or elsewhere, whether

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the defendant is an adult or minor;

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      (2) Ordering the defendant to vacate the household forthwith, unless the defendant holds

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sole legal interest in the household;

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      (3) Upon motion by the plaintiff, his or her address shall be released only at the

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discretion of the district court judge.

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      (b) Any violation of the aforementioned protective order shall subject the defendant to

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being found in contempt of court.

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      (c) No order shall issue under this section which would have the effect of compelling a

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defendant who has the sole legal interest in a residence to vacate that residence.

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      (d) The contempt order shall not be exclusive and shall not preclude any other available

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civil or criminal remedies. Any relief granted by the court shall be for a fixed period of time not

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to exceed three (3) years, at the expiration of which time the court may extend any order upon

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motion of the plaintiff for such additional time as it deems necessary to protect the plaintiff from

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abuse. The court may modify its order at any time upon motion of either party.

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      (e) Any violation of a protective order under this chapter of which the defendant has

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actual notice shall be a misdemeanor which shall be punished by a fine of no more than one

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thousand dollars ($1,000) or by imprisonment for not more than one year, or both.

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      (f) The penalties for violation of this section shall also include the penalties provided

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under section 12-29-5.

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      (g) "Actual notice" means that the defendant has received a copy of the order by service

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thereof or by being handed a copy of the order by a police officer pursuant to section 8-8.1-5(d).

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      (h) The district court shall have criminal jurisdiction over all violations of this chapter.

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     A certified copy of the district court order with a duly made return of service shall

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constitute prima facie proof of the existence of the restraining order and proof of service.

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     The attorney general shall establish and maintain a registry of all protective orders issued

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under this chapter.

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     SECTION 6. Section 15-15-3 of the General Laws in Chapter 15-15 entitled "Domestic

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Abuse Prevention" is hereby amended to read as follows:

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     15-15-3. Protective orders -- Penalty -- Jurisdiction. -- (a) A person suffering from

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domestic abuse may file a complaint in the family court requesting any order which will protect

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and support her or him from abuse including, but not limited to, the following:

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      (1) Ordering that the defendant be restrained and enjoined from contacting, assaulting,

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molesting, or otherwise interfering with the plaintiff at home, on the street, or elsewhere, whether

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the defendant is an adult or a minor;

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      (2) Ordering the defendant to vacate the household immediately;

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      (3) Awarding the plaintiff custody of the minor children of the parties, if any;

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      (4) After notice to the respondent and a hearing, ordering either party to make payments

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for the support of a minor child or children of the parties as required by law for a period not to

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exceed ninety (90) days unless the child support order is for a child or children receiving public

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assistance pursuant to chapter 5.1 of title 40. In such cases, legal counsel for the division of

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taxation, child support enforcement shall be notified as a party in interest to appear for the

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purpose of establishing a child support order under a new or existing docket number previously

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assigned to the parties and not under the protective docket number. The child support order shall

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remain in effect until such time as the court modifies or suspends the order.

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      (b) Upon motion by the plaintiff, his or her address shall be released only at the

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discretion of the family court judge.

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      (c) (1) Any violation of the protective orders in subsection (a) shall subject the defendant

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to being found in contempt of court.

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      (2) The contempt order shall not be exclusive and shall not preclude any other available

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civil or criminal remedies. Any relief granted by the court shall be for a fixed period of time not

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to exceed three (3) years, at the expiration of which time the court may extend any order, upon

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motion of the plaintiff for any additional time that it deems necessary to protect the plaintiff from

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abuse. The court may modify its order at any time upon motion of either party.

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      (d) (1) Any violation of a protective order under this chapter of which the defendant has

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actual notice shall be a misdemeanor which shall be punished by a fine of no more than one

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thousand dollars ($1,000) or by imprisonment for not more than one year, or both.

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      (2) The penalties for violation of this section shall also include the penalties as provided

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by section 12-29-5.

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      (e) Actual notice means that the defendant has received a copy of the order by service or

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by being handed a copy of the order by a police officer pursuant to section 15-15-5(d).

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      (f) (1) The district court shall have criminal jurisdiction over all adult violations of this

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chapter.

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      (2) The family court shall have jurisdiction over all juvenile violations of this chapter.

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     (g) A certified copy of the family court order with a duly made return of service shall

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constitute prima facie proof of the existence of the restraining order and proof of service.

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     (h) The attorney general shall establish and maintain a registry of all protective orders

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issued under this chapter.

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     SECTION 7. Section 15-5-19 of the General Laws in Chapter 15-5 entitled "Divorce and

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Separation" is hereby amended to read as follows:

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     15-5-19. Restraining orders -- Treatment for harmed or menaced spouse -- Custody

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of children -- Allowances -- Alimony and counsel fees. -- (a) Whenever either party to a

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marriage is insane, or whenever a cause is in existence which is, or if continued, will be a cause

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for divorce, the family court, upon the original petition of one of the parties, or upon the filing of

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a complaint for divorce, may restrain either party from interfering with the personal liberty of the

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other, and may restrain either party from maliciously causing or attempting to cause bodily harm

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to the other, with or without a dangerous weapon, and may restrain either party from placing, by

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physical menace or threat of physical menace, the other in fear of imminent bodily injury; and

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upon a finding by the court that any party has been so harmed, menaced, or threatened the court

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may prescribe treatment including, but not limited to, out-patient counseling, and may regulate

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the custody and provide for the education, maintenance, and support of the children, if any, and

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may, in its discretion, order one of the parties to pay alimony and/or counsel fees to the other

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pursuant to section 15-5-16, which allowance shall not be regarded as a judgment for debt until

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the court, which made the order for maintenance and support of the children, alimony for one or

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the other of the parties, and counsel fees, has adjudicated in appropriate proceedings what, if

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anything, is due under the order. Suits may be brought or executions may issue for amounts due

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and unpaid, the executions to run against the goods and chattels of the husband or wife, as the

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case may be,; the court may make all necessary orders and decrees concerning the suits or

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executions and at any time may alter, amend, or annul for sufficient cause, after notice to the

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interested parties.

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      (b) (1) Any violation of the protective orders mentioned in subsection (a) shall subject

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the defendant to being found in contempt of court.

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      (2) The contempt order shall not be exclusive and shall not preclude any other available

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civil or criminal remedies.

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      (c) Any violation of a restraining order under this chapter protecting a person against

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bodily harm and/or against threat of imminent bodily injury is a misdemeanor which shall be

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punished by a fine of no more than one thousand dollars ($1,000) or by imprisonment for not

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more than one year, or both. The penalties for violation of this section shall also include the

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penalties provided in section 12-29-5. The district court shall have criminal jurisdiction over

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violations of restraining orders protecting the person of the complainant against bodily harm

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and/or against the threat of imminent bodily injury.

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      (d) In regulating the custody of the children, the court shall provide for the reasonable

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right of visitation by the natural parent not having custody of the children except upon the

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showing of cause why the right should not be granted. The court shall mandate compliance with

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its orders by both the custodial parent and the children. In the event of noncompliance, the

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noncustodial parent may file a motion for contempt in family court. Upon a finding by the court

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that its order for visitation has not been complied with, the court shall exercise its discretion in

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providing a remedy, and define the noncustodial parent's visitation in detail. However, if a second

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finding of noncompliance by the court is made, the court shall consider this to be grounds for a

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change of custody to the noncustodial parent.

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     A certified copy of the family court order with a duly made return of service shall

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constitute prima facie proof of the existence of the restraining order and proof of service.

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     The attorney general shall establish and maintain a registry of all protective orders issued

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under this chapter.

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      (e) In all hearings regarding denial of visitation, the court shall make findings of fact.

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      (f) This chapter does not affect the right of the family court to award alimony or support

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pendente lite.

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     SECTION 8. This act shall take effect upon passage except that no enhanced penalty

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pursuant to section 4 of this act shall be based on a prior domestic violence adjudication not

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amounting to a conviction where the adjudication occurred prior to the date of passage of this act.

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LC02087

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO DISTRICT COURT

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     This act would create a Domestic Violence Court within the District Court and increase

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the number of Associate Judges in the District Court to preside over the Court from twelve (12) to

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fourteen (14) judges.

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     This act would take effect upon passage except that no enhanced penalty pursuant to

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section 4 of this act would be based on a prior domestic violence adjudication not amounting to a

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conviction where there adjudication occurred prior to the date of passage of this act.

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LC02087

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