2013 -- H 5427

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO CRIMINAL PROCEDURE -- DISPOSITION OF DOMESTIC VIOLENCE

CASES

     Introduced By: Representatives Serpa, Fellela, Costa, Shekarchi, and Azzinaro

     Date Introduced: February 13, 2013

     Referred To: House 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 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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      (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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     (f) 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 and is found to have committed said offense

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in the presence of a child as defined in subdivision (2), shall be subject to a mandatory assessment

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of two hundred and fifty dollars ($250) in addition to other court costs or assessments imposed.

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     (1) For the purposes of this section, “child” is any individual under the age of sixteen (16)

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who is the defendant’s or victim’s child or step-child or who is a minor child residing within or

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visiting the household of the defendant or victim.

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     (2) For the purposes of this section, “in the presence of a child” means in the physical or

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audible presence of a child or knowing or having reason to know that a child is present and may

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see or hear an act constituting a domestic offense.

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     (3) The presence of a child must be established by means other than the child’s

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testimony. The presence of a child may be established by means including, but not limited to,

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police officer’s testimony, photographs, evidence of violence, excited utterances, 911 tape

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recordings or witness testimony.

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     (4) The mandatory assessment fee shall be deposited as general revenue, and shall be

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used to fund treatment for children exposed to acts of domestic violence.

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     SECTION 2. This act shall take effect upon passage.

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LC01300

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO CRIMINAL PROCEDURE -- DISPOSITION OF DOMESTIC VIOLENCE

CASES

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     This act would create a mandatory two hundred fifty dollar ($250) assessment for those

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convicted of a crime of domestic violence which occurred in the physical or audible presence of a

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child.

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     This act would take effect upon passage.

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