It is enacted by the General Assembly as follows:

SECTION 1. Sections 12-29-2 and 12-29-3 of the General Laws in Chapter 12-29 entitled "Domestic Violence Prevention Act" are hereby amended to read as follows:

{ADD 12-29-2. Definitions. -- ADD} Family or household member: spouses, former spouses, adult persons related by blood or marriage, adult persons who are presently residing together or who have resided together in the past three (3) years, persons who have a child in common regardless of whether they have been married or have lived together {DEL at any time. DEL} {ADD , or if persons who 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: ADD}

{ADD (1) the length of time of the relationship ADD}

{ADD (2) the type of the relationship ADD}

{ADD (3) the frequence of the interaction between the parties. ADD}

Domestic violence: For purposes of this chapter, domestic violence includes, but is not limited to any of the following crimes when committed by one family or household member against another:

(1) Simple assault (section 11-5-3)

(2) Felony assaults (sections 11-5-1, 11-5-2, 11-5-4)

(3) Vandalism (section 11-44-1)

(4) Disorderly conduct (section 11-45-1)

(5) Trespass (section 11-44-26)

(6) Kidnapping (section 11-26-1)

(7) Childsnatching (section 11-26-1.1)

(8) Sexual assault (sections 11-37-2, 11-37-4)

(9) Homicide (sections 11-23-1 and 11-23-3)

(10) Violation of the provisions of a protective order entered pursuant to section 15-15-1 et seq.; section 15-5-19 or section 8-8.1-1 et seq. where the respondent has knowledge of the order and the penalty for violation thereof.

Victim: A family or household member who has been subjected to domestic violence.

Protective order: An order issued pursuant to section 15-15-1 et seq.; section 15-5-19 or RIGL section 8-8.1-1 et seq.

{ADD 12-29-3. Law enforcement officers -- Powers, duties, immunity. -- ADD} (A) The primary duty of law enforcement officers when responding to a domestic violence situation is to enforce the laws allegedly violated and to protect the victim.

(B) When a law enforcement officer responds to a domestic violence situation and has probable cause to believe that a crime has been committed, the officer shall exercise arrest powers pursuant to sections 12-7-3 and 12-7-4, provided however, that the officer shall arrest and take into custody the alleged perpetrator of the crime when the officer has probable cause to believe that any of the following acts has occurred:

(1) A felonious assault; or

(2) An assault which has resulted in bodily injury to the victim, whether or not the injury is observable by the responding officer; or

(3) Physical action which was intended to cause another person reasonably to fear imminent serious bodily injury or death. Bodily injury means physical pain, illness, or an impairment of physical condition; or

(4) Violation of a protective order and the violator has previous knowledge of the order and the terms thereof; or

(5) Violation of a no-contact order issued pursuant to section 12-29-4.

The decision to arrest and charge shall not (i) be dependent on the specific consent of the victim, (ii) consider the relationship of the parties or (iii) be based solely on a request by the victim.

An arrest without warrant made under this section shall be made within twenty-four (24) hours of the alleged crime.

If an arrest without warrant cannot be made pursuant to this section, the officer shall advise the victim of the right to file a criminal complaint and shall seek a warrant for arrest if there is probable cause to do so.

(C) When more than one family or household member involved in a domestic violence incident states a complaint, the officer shall investigate each complaint to determine whether there is probable cause to believe a crime has been committed. The officer shall not dismiss the incident by presuming two (2) party guilt.

When the officer has probable cause to believe that family or household members have assaulted each other, the officer is not required to arrest both persons. The officer shall arrest the person whom the officer believes to be the primary physical aggressor.

(D) A law enforcement officer shall not be held liable for false arrest in any civil action for an arrest based on probable cause or for enforcement in good faith of a court order issued pursuant to this chapter or pursuant to chapters 15-15-1 et seq., 15-5-19, 8-8.1-1, et seq.

(E) It shall be the responsibility of the law enforcement officer at the scene of a domestic violence incident to provide immediate assistance to the victim. Such assistance shall include but not be limited to:

(1) Assisting the victim to obtain medical treatment if such is required including transportation to an emergency medical treatment facility.

(2) Giving the victim notice of her or his right to obtain a protective order in family court pursuant to section 15-15-1 et seq. or district court pursuant to section 8-8.1-1 et seq. as appropriate according to the relationship of the parties. Said notice shall be provided by handing the 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:

"If you are in need of medical treatment, you have the right to have the officer present drive you to the nearest hospital or otherwise assist you.

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 obtained.

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.

Married/blood relatives/children in common. 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, you have the right to go to family court and ask the court to issue an order restraining your attacker from abusing you or your minor child; an order awarding you exclusive use of your domicile; an order awarding you custody of your minor child(ren).

Unmarried. If you are not married or related to your attacker, but have resided with him or her within the past three (3) years, or {DEL you have shared an intimate sexual relationship within the past six (6) months, DEL} {ADD you or your attacker are in or have been in a substantive dating or engagement relationship within the past six (6) months, ADD} you have the right to go to district court and request: an order restraining your attacker from abusing you; an order directing your attacker to leave your household, unless he or she has the sole legal interest in the household."

(3) Informing the victim of services available.

(4) In cases where the officer has determined that no cause exists for an arrest, assistance shall also include:

(a) Remaining at the scene as long as there is danger to the safety of the person or until such person is able to leave the dwelling. The officer shall transport the person if no reasonable transportation is available.

(b) Informing the person that she or he has the right to file a criminal complaint with the responding officer or the local police department.

(F) An officer responding to a domestic violence call shall complete a domestic violence report pursuant to section 12-29-8.

(G) It shall be the responsibility of the attorney general of the state of Rhode Island to develop a model "Uniform Policy for Police Response to Domestic Violence" which is consistent with the provisions of this statute. Said written policy shall be developed after conferring with staff of the department of human services' domestic violence unit and with the council on domestic violence. The policy shall be developed within sixty (60) days of the effective date of this chapter and shall be made available to any law enforcement agency.

Each law enforcement agency shall develop a "Policy for Police Response to Domestic Violence" which is consistent with the Uniform Policy for Police Response to Domestic Violence developed by the attorney general and shall file a copy of the policy with the attorney general within sixty (60) days of receiving the model policy.

SECTION 2. This act shall take effect upon passage.