RELATING TO CRIMINAL PROCEDURE -- DOMESTIC VIOLENCE PREVENTION ACT
Summary
H8080 amends Rhode Island’s Domestic Violence Prevention Act to strengthen penalties and court procedures for domestic violence cases. The bill requires that a person convicted of, or placed on probation for, a domestic violence offense attend a batterer’s intervention program at their own expense, with a limited exception allowing servicemembers and veterans to complete an approved Veterans’ Administration counseling program. It also preserves the existing $125 domestic violence assessment, with most of the revenue continuing to support the Rhode Island Coalition Against Domestic Violence and the remainder going to general revenue.
The bill’s most significant substantive change is to make a third and subsequent domestic violence violation, counting both prior felony and misdemeanor convictions, a felony punishable by one to ten years in prison. It also reinforces firearm-related consequences by requiring courts to determine and record firearm prohibitions, advise defendants of those consequences, and order surrender of firearms where required. The bill further provides for forfeiture of firearms used in the offense and states that no one may be charged storage costs for surrendered firearms.
Impact
This act would amend § 12-29-5 of the General Laws and related firearm-disqualification provisions to increase criminal penalties for repeat domestic violence offenders and to clarify court duties regarding firearm surrender, notice, and recordkeeping. It would also preserve and continue the existing domestic violence assessment funding structure for victim services and state revenue. In practice, the bill affects defendants convicted of domestic violence offenses, probationers, courts, law enforcement handling firearm surrender and forfeiture, and the domestic violence service network receiving assessment funds.
Sentiment
The available voting history suggests strong support for the bill, with House passage by a wide margin of 72 yeas to 1 nay. No committee transcript is available, so there is no recorded debate to indicate broader concerns or amendments. Overall, the bill appears to have been viewed as a public-safety and victim-protection measure with substantial legislative backing.
Contention
The main points of potential contention are the bill’s tougher repeat-offender sentencing scheme and its firearm restrictions, which increase mandatory consequences for defendants with domestic violence histories. Another possible issue is the requirement that offenders pay for batterer’s intervention programs and the continued assessment fee, though the bill includes a narrow accommodation for servicemembers and veterans to use VA-approved counseling. Because no committee discussion is provided, the specific arguments for or against these provisions are not documented in the record supplied.
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.
Requires submission of a domestic violence/sexual assault reporting form when the domestic violence response or investigation involves a verbal argument or dispute.
Requires submission of a domestic violence/sexual assault reporting form when the domestic violence response or investigation involves a verbal argument or dispute.
Mandates that the clerk of the district court, upon request of the defendant, automatically seal individual counts of criminal complaints upon dismissal pursuant to rule 48(a) of the rules of criminal procedure for district court.
Mandates that the clerk of the district court, upon request of the defendant, automatically seal individual counts of criminal complaints upon dismissal pursuant to rule 48(a) of the rules of criminal procedure for district court.
Provides that law enforcement officers who appears before the court for prosecution of a violation of a protective order shall self-certify that the officer has successfully completed a specialized domestic violence prosecution training course.
Provides that law enforcement officers who appears before the court for prosecution of a violation of a protective order shall self-certify that the officer has successfully completed a specialized domestic violence prosecution training course.
Permits the court to determine the number of hours a person would have to complete of a batters intervention program and gives the court discretion as to whether that person would be personally financially responsible for the costs thereof.