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

     

     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:

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     SECTION 1. Section 8-10-21 of the General Laws in Chapter 8-10 entitled "Family Court"

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is hereby amended to read as follows:

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     8-10-21. Records of court.

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     The records of the family court shall be public records, except that records of hearings in

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matters set forth in § 14-1-5, together with stenographic notes and transcripts of those hearings,

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shall not be available for public inspection unless the court shall otherwise order. Notwithstanding

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the foregoing provisions, the records of the family court in criminal matters involving adults shall

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be public records. The record of delinquent or wayward adjudications of juveniles, or protective

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orders issued against juveniles, may be accessed by law enforcement personnel to be used for law

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enforcement purposes only and shall remain otherwise confidential. The Attorney General shall

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promulgate rules and regulations necessary to facilitate the purposes of this section.

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     SECTION 2. Section 12-29-8.1 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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     12-29-8.1. Restraining order no-contact order system (R.O.N.C.O.).

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     (a) All domestic violence and sexual assault protective orders must be filed in the

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R.O.N.C.O. system at the attorney general’s bureau of criminal identification (B.C.I.) unit.

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     (b)(1) All protective orders from filed against individuals aged eighteen (18) years and over

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and issued by the district court, superior court, family court, police departments and or bail

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commissioners must be filed upon issuance by faxing or delivering the orders to the B.C.I. unit,

 

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either electronically or in hard copy, no later than the end of the day of issuance. Orders shall

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include the following: the terms of the order, the date of issuance, the date of the second hearing

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(if any), the dates of birth of the parties, and the date of expiration.

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     (2) All modifications and terminations of the orders must also be faxed or delivered to the

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B.C.I. unit, either electronically or in hard copy, no later than the end of the day of the modification.

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Any protective order issued pursuant to chapter 15 of title 15, chapter 8.1 of title 8, and chapter 5

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of title 15 which is terminated or expires for any reason, and any no-contact order issued by any

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superior court, district court or family court which is removed, rescinded or expired for any reason

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shall be expunged within thirty (30) days from the R.O.N.C.O. system and the prior existence of

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the protective order or no-contact order shall not be disclosed except by court order.

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     (c) A person entitled to protection under an existing protection order shall, upon request,

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be given a certified copy of the order by the court clerk. The attorney general’s B.C.I. unit shall

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accept the certified copy and enter that copy into the R.O.N.C.O. system.

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     (d) For purposes of this section, “protective orders” includes all family, district, and

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superior court restraining orders issued against individuals aged eighteen (18) years and over, as

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well as district and superior court no-contact orders issued against individuals aged eighteen (18)

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years and over.

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     SECTION 3. This act shall take effect upon passage.

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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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     This act would provide that only protective orders issued against adults are to be

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transmitted to the department of attorney general's B.C.I. unit for inclusion in the R.O.N.C.O.

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system. The act would further clarify that protective orders issued against juveniles will be

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accessible to law enforcement.

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     This act would take effect upon passage.

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