It is enacted by the General Assembly as follows:

SECTION 1. Sections 8-8.1-1, 8-8.1-4.2, and 8-8.1-5 of the General Laws in Chapter 8-8.1 entitled "Domestic Assault" are hereby amended to read as follows:

{ADD 8-8.1-1. Definitions. -- ADD} The following words as used in this chapter shall have the following meanings:

"Domestic abuse": The occurrence of one or more of the following acts between cohabitants {DEL or the occurrence of one (1) or more of the following acts by an adult against a minor to whom he or she is not related and with whom he or she is living or has lived within the past three (3) years DEL} {ADD or against the minor child of a cohabitant ADD} , or the occurrence of one (1) or more of the following acts between persons who {DEL shared an intimate sexual relationship within the past six (6) months: DEL} {ADD are or have been in a substantive dating or engagement relationship within the past six (6) months which shall be determined by the court's consideration of the following factors:

(1) the length of time of the relationship

(2) the type of the relationship

(3) the frequency of the interaction between the parties. ADD}

(a) Attempting to cause or causing physical harm;

(b) Placing another in fear of imminent serious physical harm;

(c) Causing another to engage involuntarily in sexual relations by force, threat of force, or duress.

"Courts": The district court.

"Cohabitants": Emancipated minors or persons eighteen (18) years of age or older, not related by blood or marriage, who together are not the legal parents of one or more children, and who have resided together within the preceding three (3) years or who are residing in the same living quarters.

"Sole legal interest": Defendant has an ownership interest in the residence and plaintiff does not; or defendant's name is on the lease and plaintiff's is not.

{ADD 8-8.1-4.2. Return of service/alternate service. -- ADD} (A) The complaint and any order issued under this chapter shall be personally served upon the defendant by a sheriff or constable except as provided in subsections (C) {DEL and DEL} {ADD , ADD} (D) {ADD and (F) ADD} of this section. Service shall be made without payment of any fee, when service is made by a sheriff. At the election of the plaintiff, service pursuant to subsection (A) may also be made by a constable licensed to serve process of the district court pursuant to section 45-16-4.1. Said constable shall be entitled to receive the fee allowed by law for the service of a district court summons.

(B) Return of service shall be forwarded by the sheriff or constable to the clerk of court prior to the date set down for hearing on the complaint. If service has not been made, the sheriff or constable shall indicate on the summons the reason therefore and the attempts made to serve the defendant.

(C) At the time the return of service is sent to the clerk of the court, the sheriff or constable shall cause a copy of the return of service to be sent to the plaintiff and to the appropriate law enforcement agency.

(D) If, at the time of hearing on the complaint, the court determines that after diligent effort the sheriff or constable has been unable to serve the defendant personally, the judge may order an alternate method of service designed to give reasonable notice of the action to the defendant and taking into consideration the plaintiff's ability to afford the means of service ordered. Alternative service shall include but not be limited to: service by certified and regular mail at defendant's last known address (excluding the residence which he or she has been ordered to vacate) or place of employment, leaving copies at the defendant's dwelling or usual place of abode with a person of suitable age and discretion residing therein, or by publication in a newspaper for two (2) consecutive weeks. The court shall set a new date for hearing on the complaint and shall extend the temporary order until that date.

(E) If the defendant appears in person before the court, the necessity for further service is waived and proof of service of that order is not necessary.

{ADD (F) If the defendant is served notice regarding the complaint and hearing, but does not appear at the hearing, the clerk of the district court shall mail the defendant a copy of the resulting order. ADD}

{ADD 8-8.1-5. Duties of police officers. -- ADD} (A) Whenever any police officer has reason to believe that a cohabitant or minor has been abused, that officer shall use all reasonable means to prevent further abuse, including:

(1) remaining on the scene as long as there is danger to the physical safety of such person or until such person is able to leave the dwelling unit;

(2) assisting such person in obtaining medical treatment necessitated by an assault, including obtaining transportation to an emergency medical treatment facility;

(3) giving such person immediate and adequate notice of his or her rights under this chapter;

(4) arresting the person pursuant to the arrest provisions as contained in section 12-29-3.

(B) Notice by the police officer to the victim shall be by handing said victim a copy of the following statement written in English, Portuguese, Spanish, Cambodian, Hmong, Laotian, Vietnamese and French, and by reading the same to such person when possible.

Spouse, Former spouse/Blood relative/Children in common {DEL : DEL} {ADD , minor(s) in a substantive Dating or Engagement Relationship: ADD}

"If your attacker is your spouse, former spouse, person to whom you are related by blood or marriage, or if you are not married to your attacker, but have a child in common, {ADD or if you and/or your attacker are a minor who have been in a substantive dating or engagement relationship within the past six (6) months, ADD} you have the right to go to the family court and ask the court to issue an order restraining your attacker from abusing you or your minor child; you have the right to go to the family court and request:

(1) an order restraining your attacker from abusing you or your minor child;

(2) an order awarding you exclusive use of your marital domicile;

(3) an order awarding you custody of your minor child."

Unmarried/Not related {ADD cohabitants within the past three (3) years or substantive dating or engagement relationship within past six (6) months ADD} :

"If you are not married or related to your attacker, but have resided with him or her within the past {DEL twelve (12) months DEL} {ADD three (3) years ADD} , you have the right to go to the district court and request;

(1) an order restraining your attacker from abusing you;

(2) an order directing your attacker to leave your household, unless she or he has the sole legal interest in the household."

"If you are in need of medical treatment, you have the right to have the officer present obtain transportation to an emergency medical treatment facility."

"If you believe that police protection is needed for your physical safety, you have the right to have the officer present remain at the scene until you and your children can leave or until your safety is otherwise insured."

"You have the right to file a criminal complaint with the responding officer or your local police department if the officer has not arrested the perpetrator."

(C) A police officer shall ensure enforcement of the terms of the protective order issued pursuant to this chapter including but not limited to accompanying a cohabitant to his or her dwelling or residence in order to secure possession of the dwelling or residence when a vacate order against the defendant has been issued.

(D) When service of the temporary order issued pursuant to section 8-8.1-4 has not been made and/or after a permanent order is entered, a police officer shall give notice of the order to the defendant by handing him or her a certified copy of the order. The officer shall indicate that he or she has given notice by writing on plaintiff's copy of the order and the police department's copy of the order, the date and time of giving notice and the officer's name and badge number. The officer shall indicate on the offense report that actual notice was given.

SECTION 2. This act shall take effect upon passage.