Introduced By: Representatives Burlingame, Coderre, Kelley, Benoit and Aiken
Date Introduced : February 2, 1999
It is enacted by the General Assembly as follows:
SECTION 1. Chapter 12-29 of the General Laws entitled "Domestic Violence Prevention Act" is hereby amended by adding thereto the following sections:
{ADD 12-29-1.1. Full faith and credit. -- ADD} {ADD Any protective order issued by another jurisdiction, as defined in section 12-29-2, shall be given full faith and credit throughout the state and enforced as if it were issued in the state for as long as the order is in effect in the issuing jurisdiction. ADD}
{ADD A person entitled to protection under a protective order issued by another jurisdiction may file such order in the superior court, family court, or district court by filing with the court a certified copy of such order which shall be entered into restraining order, no contact order system (R.O.N.C.O.). Such person shall swear under oath in an affidavit, to the best of such person's knowledge, that such order is presently in effect as written. A law enforcement officer shall presume the validity of such order and enforce such order issued by another jurisdiction which has been provided to the law enforcement officer; provided, however, that the officer is also provided with a statement by the person protected by the order that such order remains in effect. Law enforcement officers shall rely on such statement by the person protected by such order. ADD}
{ADD 12-29-1.2. Issuance of protective orders. -- ADD} {ADD Every order of this court made pursuant to section 8-8.1-1 et seq., section 12-29-1 et seq. and section 15-15-1 et seq. after proper notice and hearing, enacted after October 1, 1999 shall contain the following language: ADD}
{ADD "THIS COURT HAD JURISDICTION OVER THE PARTIES AND THE SUBJECT MATTER WHEN IT ISSUED THIS PROTECTIVE ORDER. RESPONDENT WAS AFFORDED BOTH NOTICE AND OPPORTUNITY TO BE HEARD IN THE HEARING THAT GAVE RISE TO THIS ORDER. PURSUANT TO THE VIOLENCE AGAINST WOMEN ACT OF 1994, 18 USC 2265, THIS ORDER IS VALID AND ENFORCEABLE IN ALL FIFTY STATES, ANY TERRITORY OR POSSESSION OF THE UNITED STATES, THE DISTRICT OF COLUMBIA, THE COMMONWEALTH OF PUERTO RICO AND TRIBAL LANDS." ADD}
SECTION 2. Section 15-15-8 of the General Laws in Chapter 15-15 entitled "Domestic Abuse Prevention" is hereby amended to read as follows:
15-15-8. Enforcement of foreign protective orders. -- (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. 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. Law enforcement agencies shall record the time and date of receipt of the orders presented.
{DEL (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 file an application with the appropriate
family or district court requesting permanent protection under
the order. DEL}
{DEL (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. DEL}
{DEL (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. DEL}
(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 this section knowing that no valid foreign restraining order is in effect shall be guilty of a misdemeanor.
SECTION {DEL 2. DEL} {ADD 3. ADD} This act shall take effect upon passage.
