RELATING TO COURTS AND CIVIL PROCEDURE--COURTS -- SUPERIOR COURT
Summary
H8547 would create a dedicated “domestic violence calendar” within the Rhode Island Superior Court for felony domestic violence matters. The calendar would cover felony domestic violence prosecutions, felony violations of no-contact or protective orders arising from domestic violence, felony weapon offenses connected to domestic violence, and other related criminal proceedings that the presiding justice deems appropriate. The bill also authorizes the presiding justice to assign personnel and adopt administrative rules to implement the calendar, and it creates a Superior Court magistrate position appointed by the presiding justice with advice and consent of the Senate for 10-year terms.
The measure gives cases on the domestic violence calendar priority in scheduling and disposition, while preserving the rights of the parties and the Superior Court’s broader authority to manage its docket. It also provides that the domestic violence calendar has concurrent jurisdiction with other Superior Court calendars over qualifying criminal matters involving domestic violence. The act would take effect immediately upon passage.
Impact
The bill would amend Rhode Island General Laws chapter 8-2 by adding a new section establishing a specialized Superior Court calendar for felony domestic violence cases and related offenses. It would affect court administration rather than creating new criminal offenses or changing substantive domestic violence definitions, but it would alter how certain cases are routed, scheduled, and potentially assigned within the Superior Court. It also adds a new magistrate position and authorizes administrative coordination with the district court and family court, which could affect judicial staffing and case management practices.
Sentiment
Based on the bill text and the absence of recorded committee testimony or votes in the provided materials, the overall sentiment appears neutral to supportive in purpose, with the bill framed as an administrative reform to improve handling of domestic violence cases. The proposal suggests an intent to increase efficiency, continuity of oversight, and priority treatment for serious domestic violence matters. No opposition or recorded controversy is available in the supplied context.
Contention
The main potential points of contention are administrative and jurisdictional rather than substantive criminal law issues. The bill gives the presiding justice discretion to determine which related matters belong on the domestic violence calendar, which could raise questions about case assignment and judicial workload. The creation of a new magistrate position and the need for Senate confirmation may also draw attention because of staffing, cost, and appointment-process considerations. No specific objections or supporters are identified in the provided record.
Permits retired superior court magistrates to be assigned to perform service pursuant to §§ 8-2-11.1, 8-2-39, 8-2-39.1 or 8-2-39.2 and be reemployed by the superior court without any forfeiture or reduction of any retirement benefits.
Permits retired superior court magistrates to be assigned to perform service pursuant to §§ 8-2-11.1, 8-2-39, 8-2-39.1 or 8-2-39.2 and be reemployed by the superior court without any forfeiture or reduction of any retirement benefits.
Requires superior court clerk to automatically seal cases/individual counts of a criminal complaint/indictment that were dismissed, upon request of the defendant and serve it upon bureau of criminal identification, police department and counsel of record.
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.
Prohibits the courts from setting cash or surety bail on any misdemeanor offense but permits the court to set reasonable non-monetary conditions of bail to assure the defendant's presence in court as required and to protect the community.
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 retired superior court magistrates to be assigned to perform service pursuant to §§ 8-2-11.1, 8-2-39, 8-2-39.1 or 8-2-39.2 and be reemployed by the superior court without any forfeiture or reduction of any retirement benefits.
Permits retired superior court magistrates to be assigned to perform service pursuant to §§ 8-2-11.1, 8-2-39, 8-2-39.1 or 8-2-39.2 and be reemployed by the superior court without any forfeiture or reduction of any retirement benefits.