2012 -- S 2151

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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 CRIMINAL PROCEDURE -- SENTENCE AND EXECUTION

     Introduced By: Senators Crowley, and Goodwin

     Date Introduced: January 18, 2012

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 12-29-5 of the General Laws in Chapter 12-29 entitled "Domestic

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

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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; provided,

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however, that the court may permit a servicemember or veteran to complete any court-approved

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counseling program administered or approved by the Veterans' Administration. This order shall

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

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

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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 one hundred twenty-five dollar ($125)

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assessment. Eighty percent (80%) of the assessment collected pursuant to this section shall be

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provided to the Rhode Island Coalition Against Domestic Violence for programs to assist victims

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of domestic violence and twenty percent (20%) of the assessment shall be deposited as general

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revenue.

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

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misdemeanor involving 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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      (e) For purposes of this section, "servicemember" means a person who is presently

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serving in the armed forces of the United States including the Coast Guard, a reserve component

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thereof, or the National Guard. "Veteran" means a person who has served in the armed forces,

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including the Coast Guard of the United States, a reserve component thereof, or the National

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Guard, and has been discharged under other than dishonorable conditions.

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     SECTION 2. This act shall take effect upon passage and shall apply to all offenses that

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occur after the date of passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO CRIMINAL PROCEDURE -- SENTENCE AND EXECUTION

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     This act would include convictions for petty misdemeanors involving domestic violence

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when determining if the defendant qualifies for enhanced penalties for domestic violence offenses

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subsequent to a first conviction for a domestic violence offense.

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     This act would take effect upon passage and would apply to all offenses that occur after

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the date of passage.

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