2024 -- S 2932

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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 CRIMINAL PROCEDURE -- DOMESTIC VIOLENCE PREVENTION ACT

     Introduced By: Senator Dawn M. Euer

     Date Introduced: March 28, 2024

     Referred To: Senate Judiciary

     (Attorney General)

It is enacted by the General Assembly as follows:

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

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

     12-29-5. Disposition of domestic violence cases.

     (a) Every person convicted of, or placed on probation for, a crime involving domestic

violence or whose case is filed pursuant to § 12-10-12 where the defendant pleads nolo contendere,

in addition to any other sentence imposed or counseling ordered, shall be ordered by the judge to

attend, at his or her own expense, a batterer’s intervention program appropriate to address his or

her violent behavior; provided, however, that the court may permit a servicemember or veteran to

complete any court-approved counseling program administered or approved by the Veterans’

Administration. This order shall be included in the conditions of probation. Failure of the defendant

to comply with the order shall be a basis for violating probation and/or the provisions of § 12-10-

12. This provision shall not be suspended or waived by the court.

     (b) Every person convicted of, or placed on probation for, a crime involving domestic

violence as enumerated in § 12-29-2, or whose case is filed pursuant to § 12-10-12 where the

defendant pleads guilty or nolo contendere, in addition to other court costs or assessments imposed,

shall be ordered to pay a one hundred twenty-five dollar ($125) assessment. Eighty percent (80%)

of the assessment collected pursuant to this section shall be provided to the Rhode Island Coalition

Against Domestic Violence for programs to assist victims of domestic violence and twenty percent

(20%) of the assessment shall be deposited as general revenue.

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

domestic violence as defined in § 12-29-2 shall:

     (i) For a second violation, including both prior felony and misdemeanor convictions, be

imprisoned for a term of not less than ten (10) days and not more than one year.

     (ii) For a third and subsequent violation, including both prior felony and misdemeanor

convictions, be deemed guilty of a felony and be imprisoned for a term of not less than one year

and not more than ten (10) years.

     (2) No jail sentence provided for under this section can be suspended.

     (3) Nothing in this subsection shall be construed as limiting the discretion of the judges to

impose additional sanctions authorized in sentencing.

     (d) The court shall determine, for every person who pleads nolo contendere to, or is

convicted of, an offense involving domestic violence as enumerated in § 12-29-2, whether, as a

result of the plea or conviction, the defendant is prohibited under § 11-47-5(a)(3) or § 11-47-

5(a)(4) from purchasing, owning, carrying, transporting, or having in his or her possession any

firearm.

     (1) Prior to the entry of a plea of nolo contendere to an offense involving domestic violence

as enumerated in § 12-29-2, the court shall advise the defendant that a plea of nolo contendere has

the same legal effect and collateral consequences as a plea of guilty.

     (2) Prior to the entry of a plea of nolo contendere to an offense punishable as a felony

involving domestic violence as enumerated in § 12-29-2, or an offense enumerated in § 11-47-

5(a)(4), the court shall advise the defendant that, in addition to any other sentence or penalty, the

defendant shall, as result of the plea, be prohibited from purchasing, owning, carrying, transporting,

or having in their possession any firearm under § 11-47-5.

     (3) The person required to surrender his or her firearms pursuant to this section shall not

be responsible for any costs of storage of any firearms surrendered pursuant to this section.

     (e) For the purposes of this section, “batterers intervention program” means a program that

is certified by the batterers intervention program standards oversight committee according to

minimum standards, pursuant to §§ 12-29-5.1, 12-29-5.2, and 12-29-5.3.

     (f) For purposes of this section, “servicemember” means a person who is presently serving

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

or the National Guard. “Veteran” means a person who has served in the armed forces, including

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

been discharged under other than dishonorable conditions.

     (g) The court shall indicate on every record of conviction or a plea of nolo contendere for

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an offense punishable as a felony involving domestic violence, as defined in § 12-29-2, that the

defendant is prohibited under §§ 11-47-5 and 11-47-5.3 from purchasing, owning, carrying,

transporting, or having in their possession, any firearm(s). The court shall inform the defendant of

their prohibited status and shall order the defendant to surrender any firearm(s) in their ownership,

possession, care, custody or control in accordance with § 11-47-5.3.

     (h) The court shall indicate on every record of conviction or a plea of nolo contendere for

an offense enumerated in § 11-47-5(a)(4) that the defendant is prohibited under §§ 11-47-5 and

11-47-5.4 from purchasing, owning, carrying, transporting, or having in their possession, any

firearm(s). The court shall inform the defendant of their prohibited status, shall order the defendant

to surrender any firearm(s) in their ownership, possession, care, custody or control, and shall ensure

that surrender is made in accordance with § 11-47-5.4.

     (i) No proceeds shall be provided to any person if the firearm(s) is destroyed pursuant to

this section.

     (j) Any firearm(s) used in the commission of the offense leading to the conviction pursuant

to this section shall be forfeited to the state upon conviction.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL PROCEDURE -- DOMESTIC VIOLENCE PREVENTION ACT

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     This act would provide that a defendant's third and subsequent violation of domestic

violence offenses, including both prior felony and misdemeanor convictions, would be punishable

as a felony.

     This act would take effect upon passage.

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