2024 -- S 2211 | |
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LC004199 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2024 | |
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A N A C T | |
RELATING TO COURTS AND CIVIL PROCEDURE -- COURTS -- FAMILY COURT | |
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Introduced By: Senators F. Lombardi, LaMountain, Tikoian, Britto, Ciccone, and Felag | |
Date Introduced: January 24, 2024 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 8-10-21 of the General Laws in Chapter 8-10 entitled "Family Court" |
2 | is hereby amended to read as follows: |
3 | 8-10-21. Records of court. |
4 | The records of the family court shall be public records, except that records of hearings in |
5 | matters set forth in § 14-1-5, together with stenographic notes and transcripts of those hearings, |
6 | shall not be available for public inspection unless the court shall otherwise order. Notwithstanding |
7 | the foregoing provisions, the records of the family court in criminal matters involving adults shall |
8 | be public records. The record of delinquent or wayward adjudications of juveniles, or protective |
9 | orders issued against juveniles, may be accessed by law enforcement personnel to be used for law |
10 | enforcement purposes only and shall remain otherwise confidential. The Attorney General shall |
11 | promulgate rules and regulations necessary to facilitate the purposes of this section. |
12 | SECTION 2. Section 12-29-8.1 of the General Laws in Chapter 12-29 entitled "Domestic |
13 | Violence Prevention Act" is hereby amended to read as follows: |
14 | 12-29-8.1. Restraining order no-contact order system (R.O.N.C.O.). |
15 | (a) All domestic violence and sexual assault protective orders must be filed in the |
16 | R.O.N.C.O. system at the attorney general’s bureau of criminal identification (B.C.I.) unit. |
17 | (b)(1) All protective orders from filed against individuals aged eighteen (18) years and over |
18 | and issued by the district court, superior court, family court, police departments and or bail |
19 | commissioners must be filed upon issuance by faxing or delivering the orders to the B.C.I. unit, |
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1 | either electronically or in hard copy, no later than the end of the day of issuance. Orders shall |
2 | include the following: the terms of the order, the date of issuance, the date of the second hearing |
3 | (if any), the dates of birth of the parties, and the date of expiration. |
4 | (2) All modifications and terminations of the orders must also be faxed or delivered to the |
5 | B.C.I. unit, either electronically or in hard copy, no later than the end of the day of the modification. |
6 | Any protective order issued pursuant to chapter 15 of title 15, chapter 8.1 of title 8, and chapter 5 |
7 | of title 15 which is terminated or expires for any reason, and any no-contact order issued by any |
8 | superior court, district court or family court which is removed, rescinded or expired for any reason |
9 | shall be expunged within thirty (30) days from the R.O.N.C.O. system and the prior existence of |
10 | the protective order or no-contact order shall not be disclosed except by court order. |
11 | (c) A person entitled to protection under an existing protection order shall, upon request, |
12 | be given a certified copy of the order by the court clerk. The attorney general’s B.C.I. unit shall |
13 | accept the certified copy and enter that copy into the R.O.N.C.O. system. |
14 | (d) For purposes of this section, “protective orders” includes all family, district, and |
15 | superior court restraining orders issued against individuals aged eighteen (18) years and over, as |
16 | well as district and superior court no-contact orders issued against individuals aged eighteen (18) |
17 | years and over. |
18 | SECTION 3. This act shall take effect upon passage. |
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LC004199 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO COURTS AND CIVIL PROCEDURE -- COURTS -- FAMILY COURT | |
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1 | This act would provide that only protective orders issued against adults are to be |
2 | transmitted to the department of attorney general's B.C.I. unit for inclusion in the R.O.N.C.O. |
3 | system. The act would further clarify that protective orders issued against juveniles will be |
4 | accessible to law enforcement. |
5 | This act would take effect upon passage. |
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LC004199 | |
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