Provides 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.
Summary
H5888 amends Rhode Island’s Domestic Violence Prevention Act to strengthen penalties and court procedures for domestic violence cases. The bill requires courts to continue ordering batterers’ intervention programming and a $125 assessment for qualifying domestic violence convictions or nolo contendere pleas, with most of the assessment directed to the Rhode Island Coalition Against Domestic Violence and the remainder to general revenue. It also preserves existing requirements that defendants be informed of firearm prohibitions and, in felony domestic violence cases, surrender firearms and have the prohibition noted on the record of conviction.
The most significant substantive change is in sentencing for repeat misdemeanor domestic violence offenses. Under the bill, a second misdemeanor domestic violence violation would carry a mandatory jail term of at least 10 days and up to one year, and a third and subsequent violation, counting prior felony and misdemeanor domestic violence convictions together, would be reclassified as a felony punishable by one to ten years in prison. The bill also states that these jail terms cannot be suspended, while still allowing judges to impose additional lawful sanctions. It takes effect upon passage.
Impact
The bill would amend § 12-29-5 of the General Laws, changing how repeat domestic violence offenses are punished and reinforcing related firearm-surrender and notice provisions. It would expand felony exposure for repeat offenders by treating a third and subsequent domestic violence violation as a felony regardless of whether prior convictions were misdemeanors or felonies, and it would make the second violation subject to a mandatory minimum jail sentence. The bill also preserves and clarifies court obligations regarding batterers’ intervention programs, victim-services funding, firearm-disability findings, firearm surrender, and forfeiture of firearms used in the offense.
Sentiment
Based on the bill text and the absence of recorded committee testimony or votes, the measure appears to be framed as a public-safety and victim-protection bill with a generally punitive approach toward repeat domestic violence offenders. The sponsor list and the explanatory note suggest support for stronger enforcement and tougher consequences for repeat conduct. No contrary testimony, amendments, or vote history is provided, so there is no documented opposition in the available materials.
Contention
The main point of contention is likely the bill’s escalation of penalties for repeat domestic violence offenses, especially the provision making a third violation a felony based on a combined count of prior felony and misdemeanor convictions. Another potentially sensitive issue is the mandatory, non-suspendable jail term for second offenses, which limits judicial discretion. Firearm surrender and forfeiture provisions may also be contentious for defendants affected by domestic violence convictions, though the bill text itself does not show any recorded debate on these issues.