CHAPTER 147

95-H 5774

Approved Jun. 30, 1995.

AN ACT RELATING TO DOMESTIC ABUSE PREVENTION

It is enacted by the General Assembly as follows:

SECTION 1. Section 15-15-8 of the General Laws in Chapter 15-15 entitled "Domestic Abuse Prevention" is hereby amended to read as follows:

{ADD 15-15-8. Enforcement of foreign protective orders. -- ADD} (a) A person requesting enforcement of a foreign protective order in this state shall present a certified copy of the order to the appropriate law enforcement agency. {ADD The law enforcement agency shall act upon the order in the same manner as upon an order for protection issued by a district or family court of this state. ADD} Law enforcement agencies shall record the time and date of receipt of the orders presented.

(b) Within twenty (20) days of the first presentment of the order to a law enforcement agency in this state the person requesting protection shall fill an application with the appropriate family or district court requesting permanent protection under the order.

(c) The clerk of the court shall present the application to a judge or justice of the court who shall determine if the circumstances of the issuance of the foreign order are sufficiently similar to the provisions of section 8-8.1-1 et seq., 15-5-19, or 15-15-1 et seq. and that issuance of a Rhode Island protective order would be justified. If justification is found, the order shall become permanent, and appropriate notification shall be issued to the applicant.

(d) No foreign protective order shall be enforceable in this state for more than twenty (20) days subsequent to the first presentment of the order to a Rhode Island law enforcement official, unless compliance has been made with subsection (c) of this section.

(e) No liability, civil or criminal shall attach to any police officer who, acting in good faith, enforces a foreign protective order which is later found to be unenforceable upon review by a Rhode Island court.

(f) Any person who provides a police officer a copy of a writing purporting to be a foreign restraining order as defined in section 15-15-8 knowing that no valid foreign restraining order is in effect shall be guilty of a misdemeanor.

SECTION 2. This act shall take effect upon passage.



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