2012 -- H 7598

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LC01679

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO DOMESTIC RELATIONS -- DOMESTIC ABUSE PREVENTION

     Introduced By: Representative Arthur J. Corvese

     Date Introduced: February 16, 2012

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 15-15-5 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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     15-15-5. Duties of police officers. – (a) Upon arrival on the scene of a domestic dispute

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or altercation, an officer shall instruct all parties that his/her role does not include dispute

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mediation or resolution.

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     (b) That officer shall subsequently interact with the parties solely in the context of

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preventing an escalation to, or recurrence of, abusive behavior. Such interaction may include

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interviewing the parties separately from each other or encouraging any de-escalating activity

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which does not infringe on the rights of any involved party.

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     (a)(c) Whenever any police officer has reason to believe that a family member or parent

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has been abused, that officer shall use all reasonable means to prevent further abuse, including:

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      (1) Remaining on the scene as long as there is a danger to the physical safety of the

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person or until the person is able to leave the dwelling unit;

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      (2) Assisting the person in obtaining medical treatment necessitated by an assault,

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including obtaining transportation to an emergency medical treatment facility;

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      (3) Giving the person immediate and adequate notice of his or her rights under this

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chapter;

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      (4) Arresting the abusive person pursuant to the arrest provisions in section 12-29-3; and

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      (5) Reporting any physical injury to a minor child or a threat to physically injure a minor

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child within twenty-four (24) hours of his or her investigation to CANTS (Child abuse and

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neglect tracking system).

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      (b)(d) Notice by the police officer to the victim shall be by handing the victim a copy of

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the following statement written in English, Portuguese, Spanish, Cambodian, Hmong, Laotian,

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Vietnamese, and French, and by reading the statement to the person when possible:

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     SPOUSE, FORMER SPOUSE, BLOOD RELATIVE, CHILDREN IN COMMON,

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      MINORS IN SUBSTANTIVE DATING OR ENGAGEMENT RELATIONSHIP.

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     "If your attacker is your spouse, former spouse, or person to whom you are related by

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blood or marriage, or if you are not married to your attacker but have a child in common, or if

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you and/or your attacker is a minor who have been in a substantive dating or engagement

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relationship within the past six (6) months, you have the right to go to the family court and

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request:

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      "(1) An order restraining your attacker from abusing you or your minor child;

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      "(2) An order awarding you exclusive use of your marital domicile;

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      "(3) An order awarding you custody of your minor child."

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     UNMARRIED/NOT RELATED COHABITANTS WITHIN THE PAST THREE

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YEARS, OR HAVE BEEN IN A SUBSTANTIVE DATING OR ENGAGEMENT

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RELATIONSHIP WITHIN THE PAST SIX (6) MONTHS

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      "If you are not married or related to your attacker, but have resided with him or her

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within the past three (3) years, or you are in or have been in a substantive dating or engagement

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relationship with your attacker within the past six (6) months, you have the right to go to the

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district court and request:

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      "(1) An order restraining your attacker from abusing you;

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      "(2) An order directing your attacker to leave your household, unless he or she has the

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sole legal interest in the household."

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     ADDITIONAL RIGHTS.

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      "If you are in need of medical treatment, you have the right to have the officer present

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obtain transportation to an emergency medical treatment facility.

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      "If you believe that police protection is needed for your physical safety, you have the

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right to have the officer present remain at the scene until you and your children can leave or until

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your safety is otherwise ensured.

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      "You have the right to file a criminal complaint with the responding officer or your local

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police department if the officer has not arrested the perpetrator."

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      (c)(e) A police officer shall ensure enforcement of the terms of a protective order issued

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pursuant to this chapter including, but not limited to, accompanying a family member or parent to

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his or her dwelling or residence in order to secure possession of the dwelling or residence.

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      (d)(f) When service of the temporary order issued pursuant to section 15-15-4 has not

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been made and/or after a permanent order is entered, a police officer shall give notice of the order

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to the defendant by handing him or her a certified copy of the order. The officer shall indicate that

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he or she has given notice by writing on plaintiff’s copy of the order and the police department's

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copy of the order, the date and time of giving notice and the officer's name and badge number.

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The officer shall indicate on the offense report that actual notice was given.

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     SECTION 2. This act shall take effect upon passage.

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LC01679

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO DOMESTIC RELATIONS -- DOMESTIC ABUSE PREVENTION

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     This act would provide that an officer’s role on the scene of a domestic dispute does not

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include dispute mediation or resolution and that an officer’s interaction with the parties would be

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to prevent escalation of the situation and interview the parties separately.

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     This act would take effect upon passage.

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LC01679

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