reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-27 - Adjudication of Obscene Publications › Section 12-27-10. - Sale while order or decree in effect.

§ 12-27-10. Sale while order or decree in effect.
While a temporary restraining order made pursuant to § 12-27-4 is in effect, or after the entry of a decree or order pursuant to § 12-27-6, or after the entry of a decree or order pursuant to § 12-27-9(a), any person who sells, exhibits, commercially distributes, or commercially publishes or who has the book, print, picture, film, motion picture film, magazine, pamphlet, ballad, printed paper, written material, photograph, figment, or other material with intent to sell, exhibit, or commercially distribute or commercially publish it, is presumed to have knowledge that it is obscene under chapter 31 of title 11.
History of Section.
P.L. 1963, ch. 68, § 1; P.L. 1966, ch. 257, § 1; G.L. 1956, § 11-31.1-10; P.L. 1981, ch. 300, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-27 - Adjudication of Obscene Publications › Section 12-27-11. - Appeals.

§ 12-27-11. Appeals.
Any party to the proceeding, including the petitioner, may appeal to the supreme court, as provided by law, from the decree or order of the court entered pursuant to § 12-27-9(a).
History of Section.
P.L. 1963, ch. 68, § 1; P.L. 1966, ch. 257, § 1; G.L. 1956, § 11-31.1-11; P.L. 1981, ch. 300, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-27 - Adjudication of Obscene Publications › Section 12-27-12. - Applicability.

§ 12-27-12. Applicability.
The provisions of this chapter shall not be construed to be a necessary prerequisite to the filing of criminal charges under any other statute.
History of Section.
P.L. 1963, ch. 68, § 1; P.L. 1966, ch. 257, § 1; G.L. 1956, § 11-31.1-12; P.L. 1981, ch. 300, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-28 - Victim’s Rights › Section 12-28-2. - Legislative purpose.

§ 12-28-2. Legislative purpose.
In recognition of the responsibility of the community to the victims of crime, the general assembly declares its intent to ensure:
(1)
That all crime victims are treated with dignity, respect, and sensitivity at all phases of the criminal justice process;
(2)
That whenever possible they receive financial compensation for their injury or loss from the perpetrator of the crime; and
(3)
That the full impact of the crime upon the victim is brought to the attention of the court.
History of Section.
P.L. 1983, ch. 265, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-28 - Victim’s Rights › Section 12-28-4. - Right to address court prior to sentencing.

§ 12-28-4. Right to address court prior to sentencing.
(a)
Prior to the imposition of sentence upon a defendant who has been adjudicated guilty of a crime in a trial, the victim of the criminal offense shall be afforded the opportunity to address the court regarding the impact which the defendant’s criminal conduct has had upon the victim. The victim shall be permitted to speak prior to counsel for the state and the defendant making their sentencing recommendations to the court and prior to the defendant’s exercise of his or her right to address the court.
(b)
For the purposes of this section, “victim” is one who has sustained personal injury or loss of property directly attributable to the felonious conduct of which the defendant has been convicted. In homicide cases, a member of the immediate family of the victim shall be afforded the right created by this section.
(c)
“Community impact statement” means a written statement providing information about the financial, emotional and physical effects of a crime on a community. “Community” means a society or body of people living in the same place or neighborhood sharing common interests arising from social, business, religious, governmental, scholastic or recreational associations.
(d)
In addition to the right of a victim as identified in subsection (b) of this section, if the crime has an impact on the community where the incident took place, any person, association or other group of persons may file a community impact statement with the court prior to the imposition of sentence on a defendant.
History of Section.
P.L. 1983, ch. 265, § 1; P.L. 1985, ch. 411, § 1; P.L. 1986, ch. 405, § 1; P.L. 1988, ch. 444, § 2; P.L. 2001, ch. 230, § 1; P.L. 2001, ch. 402, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-28 - Victim’s Rights › Section 12-28-4.1. - Right to address court regarding plea negotiation.

§ 12-28-4.1. Right to address court regarding plea negotiation.
(a)
Prior to acceptance by the court of a plea negotiation and imposition of sentence upon a defendant who has pleaded nolo contendere or guilty to a crime, the victim of the criminal offense shall, upon request, be afforded the opportunity to address the court regarding the impact which the defendant’s criminal conduct has had upon the victim. The victim shall be permitted to speak prior to counsel for the state and the defendant making their sentencing recommendations to the court and prior to the defendant’s exercise of his or her right to address the court.
(b)
For the purposes of this section, “victim” is one who has sustained personal injury or loss of property directly attributable to the criminal conduct of which the defendant has been charged. In homicide cases, a member of the immediate family of the victim shall be afforded the right created by this section.
History of Section.
P.L. 1985, ch. 387, § 1; P.L. 1986, ch. 405, § 1; P.L. 1988, ch. 444, § 2.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-28 - Victim’s Rights › Section 12-28-4.2. - Representative of incapacitated victim.

§ 12-28-4.2. Representative of incapacitated victim.
A member of the immediate family of a victim who is under the age of twelve (12) at the time of sentencing, or who is personally unable to exercise the rights established by this chapter due to physical incapacity resulting from the crime, shall, upon request, be afforded the opportunity to exercise those rights on the victim’s behalf.
History of Section.
P.L. 1985, ch. 387, § 2; P.L. 1998, ch. 312, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-28 - Victim’s Rights › Section 12-28-4.3. - Pretrial conferences — Misdemeanors in district court.

§ 12-28-4.3. Pretrial conferences — Misdemeanors in district court.
(a)
In all misdemeanor cases heard before the district court, the victim of the alleged criminal offense shall be afforded the opportunity to address the court during the pretrial conference, unless the judge determines, based on the facts of the particular case, that the presence of the victim would substantially interfere with the court’s ability to administer justice. At the pretrial conference, the victim shall be afforded the opportunity to explain the impact which the defendant’s criminal conduct has had upon the victim and to comment on the proposed disposition of the case.
(b)
For the purposes of this section, “victim” is one who has sustained personal injury or loss of property directly attributable to the criminal conduct with which the defendant has been charged.
History of Section.
P.L. 1986, ch. 405, § 2.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-28 - Victim’s Rights › Section 12-28-5. - Civil judgment against defendant.

§ 12-28-5. Civil judgment against defendant.
(a)
Upon his or her final conviction of a felony after a trial by jury, a civil judgment shall automatically be entered by the trial court against the defendant conclusively establishing his or her liability to the victim for any personal injury and/or loss of property that was sustained by the victim as a direct and proximate cause of the felonious conduct of which the defendant has been convicted. The court shall notify the victim at his or her last known address of the entry of the civil judgment in his or her favor and inform him or her that he or she must establish proof of damages in an appropriate judicial proceeding in order to recover for his or her injury or loss. This section shall not apply to crimes set forth in title 31 arising from the operation of a motor vehicle.
(b)
For the purposes of this section, “victim” is one who has sustained personal injury or loss of property directly attributable to the felonious conduct of which the defendant has been convicted. In homicide cases, judgment shall enter for the benefit of those parties eligible to commence a wrongful death action pursuant to chapter 7 of title 10.
History of Section.
P.L. 1983, ch. 265, § 1; P.L. 1988, ch. 444, § 2.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-28 - Victim’s Rights › Section 12-28-5.1. - Restitution.

§ 12-28-5.1. Restitution.
When the court orders a defendant to make financial restitution to the victim of a crime of which the defendant has been convicted or to which the defendant has pleaded guilty or nolo contendere, a civil judgment shall automatically be entered by the trial court against the defendant on behalf of the victim for that amount. If payment is not made by the defendant within the period set by the court, the civil judgment for the amount of the restitution ordered, plus interest at the statutory amount from the date of the offense, plus costs of suit, including reasonable attorney’s fees, shall be enforceable by any and all means presently available in law for the collection of delinquent judgments in civil cases generally.
History of Section.
P.L. 1986, ch. 405, § 2.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-28 - Victim’s Rights › Section 12-28-6. - Right to address parole board.

§ 12-28-6. Right to address parole board.
(a)
Prior to acting upon the petition or any continuance of the petition of an inmate at the adult correctional institutions or the women’s reformatory, the parole board shall notify the victim, if he or she is identified and his or her residence is known, of the criminal conduct for which the inmate has been incarcerated and of the pendency of the proceedings before the board. The victim shall upon request be afforded the opportunity to address the board regarding the impact of the crime upon the victim; provided, that the board may, in its discretion, permit the parent and/or legal guardian of a victim who is a minor at the time of the hearing to address the board on behalf of the minor.
(b)
Should the parole board be unable to locate the victim, the board shall seek the assistance of the local police department of the city or town where the victim was last known to have resided. The police department shall make every effort to locate the victim and shall, no later than thirty (30) days from the date its assistance was sought, send a written report to the parole board detailing its efforts to locate the victim.
(c)
Whenever the parole board shall seek the assistance of any police department in locating a victim, the board shall not act upon the inmate’s petition until it has reviewed the written report from the assisting police department.
(d)
For the purposes of this section, “victim” is one who has sustained personal injury or loss of property directly attributable to the criminal conduct for which the inmate has been incarcerated. In homicide cases, a member of the immediate family of the victim shall be afforded the right created by this section.
(e)
The board shall also make a reasonable effort to notify the victim of the crime committed by the prisoner, or, in homicide cases, the victim’s next of kin, and/or, in cases where the victim is a minor, the victim’s parent and/or legal guardian, not less than thirty (30) days prior to the meeting, of his or her right to provide a victim impact statement to the board.
As used in this chapter, “victim impact statement” means a statement providing information about the financial, emotional, and physical effects of a crime on the victim and the victim’s family, and specific information about the victim, the circumstances surrounding the crime, and the manner in which it was perpetrated.
History of Section.
P.L. 1983, ch. 265, § 1; P.L. 1985, ch. 411, § 1; P.L. 1989, ch. 419, § 2; P.L. 1999, ch. 472, § 2.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-28 - Victim’s Rights › Section 12-28-7. - Noncompliance not affecting validity of conviction, sentence, or parole.

§ 12-28-7. Noncompliance not affecting validity of conviction, sentence, or parole.
Failure to afford the victim of a felony offense any of the rights established by this chapter shall not constitute grounds for vacating an otherwise lawful conviction, or for voiding an otherwise lawful sentence or parole determination.
History of Section.
P.L. 1983, ch. 265, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-28 - Victim’s Rights › Section 12-28-8. - Child victims.

§ 12-28-8. Child victims.
(a)
The general assembly finds that it is necessary to provide child victims and witnesses in family, district or superior court with special consideration and treatment beyond that usually afforded to adults. It is the intent of this section to provide these children with additional rights and protection during their involvement with the criminal justice system.
(b)
As used in this section, “child” is anyone who is less than fifteen (15) years of age.
(c)
Child victims of felony offenses, or offenses which would be considered felony offenses if committed by adults, shall have the following rights in addition to those set forth elsewhere in this chapter:
(1)
To have explanations, in language understandable to a child of the victim’s age, of all investigative and judicial proceedings in which the child will be involved;
(2)
To be accompanied at all investigative and judicial proceedings by a relative, guardian, or other person who will contribute to the child’s sense of well being, unless it is determined by the party conducting the proceeding that the presence of the particular person would substantially impede the investigation or prosecution of the case;
(3)
To have all investigative and judicial proceedings in which the child’s participation is required arranged so as to minimize the time when the child must be present;
(4)
To be permitted to testify at all judicial proceedings in the manner which will be least traumatic to the child, consistent with the rights of the defendant;
(5)
To be provided information about and referrals to appropriate social service programs to assist the child and the child’s family in coping with the emotional impact of the crime and the subsequent proceedings in which the child is involved.
History of Section.
P.L. 1983, ch. 265, § 1; 12-28-9.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-28 - Victim’s Rights › Section 12-28-9. - Victims’ services unit.

§ 12-28-9. Victims’ services unit.
(a)
There is created within the state court system a victims’ services unit which shall be responsible for assisting victims of crimes adjudicated in the superior, family, and district courts in the exercise of their rights as set forth in this chapter, and it shall be administered by the state court administrator through the administrative office of the state courts. The state court administrator may in his or her discretion contract for any services to be provided to victims of crimes pursuant to this chapter or pursuant to § 12-25-29. Services provided to victims of crimes shall include, but not be limited to, the following:
(1)
Identification of and outreach to victims to inform them of their rights and of the services available to them;
(2)
Counseling and support, including referral to specialized counseling resources;
(3)
Assistance in seeking return of property, restitution, and in filing claims for compensation under the violent crimes indemnity fund or under the criminal royalties fund;
(4)
Assistance in preparing for and making court appearances and in making victim impact statements;
(5)
Notification about the status of their cases in coordination with representatives of the attorney general or the relevant law enforcement agency; and
(6)
Any other assistance that may further the rights of victims.
(b)
In determining the allocation of resources available to implement this section, victims who have suffered personal injury and the immediate families of homicide victims shall be given priority over victims who have suffered only loss of property.
(c)
The state court administrator shall report annually on the services provided through this unit.
History of Section.
P.L. 1985, ch. 411, § 2; P.L. 1993, ch. 413, § 1; 12-28-10; P.L. 2001, ch. 86, § 25.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-28 - Victim’s Rights › Section 12-28-10. - Victims of domestic abuse — Employment discrimination.

§ 12-28-10. Victims of domestic abuse — Employment discrimination.
(a)
No employer, employment agency or licensing agency shall refuse to hire any applicant for employment, or discharge an employee or discriminate against him or her with respect to any matter related to employment, solely by reason of his or her seeking or obtaining a protective order pursuant to chapter 15 of title 15 or chapter 8.1 of title 8 or refusing to seek or obtain a protective order.
(b)
In any civil action alleging a violation of this chapter, the court may:
(1)
Award to a prevailing applicant or employee actual damages, and reasonable attorneys’ fees and costs, and, where the challenged conduct is shown to be motivated by malice or ill will, punitive damages; provided, punitive damages shall not be available against the state or its political subdivisions; and
(2)
Afford injunctive relief against any employer, employment agency or licensing agency who commits or proposes to commit a violation of this chapter.
History of Section.
P.L. 1986, ch. 405, § 2; P.L. 1988, ch. 129, art. 25, § 4; P.L. 1988, ch. 444, § 2; 12-28-11.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-28 - Victim’s Rights › Section 12-28-11. - Notification to immediate family members of homicide victims.

§ 12-28-11. Notification to immediate family members of homicide victims.
(a)
For purposes of this section, “immediate family members” means a spouse and any dependent children of the victim as well as a person who is related to the victim whether by blood, adoption or marriage, as any of the following: father, mother, son, daughter, brother, sister, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half-brother, half-sister, stepgrandmother or stepgrandfather.
(b)
In addition to any other rights given to victims of crimes under this title, the immediate family members of the victim of any homicide shall be afforded reasonable written or oral notification from the office of the attorney general of the pendency of a bail hearing, pretrial, trial or disposition relating to a party accused of the homicide, and that notice shall be provided at least forty-eight (48) hours prior to the hearing, pretrial, trial or disposition. The notification provided by this section shall be required only as to those immediate family members who have filed a request with a court which has asserted jurisdiction over the accused/defendant. The attorney general shall promulgate forms to effect the request.
History of Section.
P.L. 1996, ch. 409, § 1; P.L. 1998, ch. 431, § 1; 12-28-12.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-28 - Victim’s Rights › Section 12-28-12. - Severability.

§ 12-28-12. Severability.
If any provision of this chapter or its application to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of the chapter are declared to be severable.
History of Section.
P.L. 1998, ch. 425, § 1; 12-28-8.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-28 - Victim’s Rights › Section 12-28-13. - Victim’s economic security and safety.

§ 12-28-13. Victim’s economic security and safety.
(a)
Every employer in the state, with fifty (50) or more employees, shall allow an employee who is a victim of a crime to leave work to attend court proceedings related to the crime.
(b)
An employer may not dismiss an employee who is a victim of a crime because the employee exercises the right to leave work pursuant to subsection (a) of this section.
(c)
An employer is not required to compensate an employee who is a victim of a crime when the employee leaves work pursuant to subsection (a) of this section.
(d)
If an employee leaves work pursuant to subsection (a) of this section the employee may elect to use or an employer may require the employee to use the employee’s accrued paid vacation, personal leave or sick leave.
(e)
An employee who is a victim of a crime shall not lose seniority or precedence while absent from employment pursuant to subsection (a) of this section.
(f)
Before an employee may leave work pursuant to subsection (a) of this section, the employee shall provide the employer with a copy of notification of court proceedings provided pursuant to § 12-28-3.
(g)
An employer may limit the leave provided under this section if the employee’s leave creates an undue hardship to the employer’s business.
History of Section.
P.L. 2004, ch. 32, § 1; P.L. 2004, ch. 180, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-29 - Domestic Violence Prevention Act › Section 12-29-1. - Legislative purpose.

§ 12-29-1. Legislative purpose.
(a)
The purpose of this chapter is to recognize the importance of domestic violence as a serious crime against society and to assure victims of domestic violence the maximum protection from abuse which the law and those who enforce the law can provide.
(b)
While the legislature finds that the existing criminal statutes are adequate to provide protection for victims of domestic violence, previous societal attitudes have been reflected in policies and practices of law enforcement agencies, prosecutors, and courts which have resulted in differing treatment of crimes occurring between family or household members and of the same crimes occurring between strangers. Only recently has public perception of the serious consequences of domestic violence to society and to the victims led to the recognition of the necessity for early intervention by law enforcement agencies.
(c)
It is the intent of the legislature that the official response to cases of domestic violence shall stress the enforcement of the laws to protect the victim and shall communicate the attitude that violent behavior is not excused or tolerated. Furthermore, it is the intent of the legislature that criminal laws be enforced without regard to whether the persons involved are or were married, cohabitating, or involved in a relationship.
History of Section.
P.L. 1988, ch. 539, § 6.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-29 - Domestic Violence Prevention Act › Section 12-29-1.1. - Full faith and credit.

§ 12-29-1.1. Full faith and credit.
(a)
Any protective order issued by another jurisdiction, as defined in § 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.
(b)
A person entitled to protection under a protective order issued by another jurisdiction may file the order in the superior court, family court, or district court by filing with the court a certified copy of the order which shall be entered into the restraining order, no contact order system (R.O.N.C.O.). The person shall swear under oath in an affidavit, to the best of the person’s knowledge, that the order is presently in effect as written. A law enforcement officer shall presume the validity of the order and enforce the order issued by another jurisdiction which has been provided to the law enforcement officer; provided, that the officer is also provided with a statement by the person protected by the order that the order remains in effect. Law enforcement officers shall rely on the statement by the person protected by the order.
History of Section.
P.L. 1999, ch. 195, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-29 - Domestic Violence Prevention Act › Section 12-29-1.2. - Issuance of protective orders.

§ 12-29-1.2. Issuance of protective orders.
Every order of this court made pursuant to chapter 8.1 of title 8, chapter 15 of title 15, and this chapter, after proper notice and hearing, shall contain the following language:
“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.”
History of Section.
P.L. 1999, ch. 195, § 1; P.L. 2000, ch. 109, § 20.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-29 - Domestic Violence Prevention Act › Section 12-29-2. - Definitions.

§ 12-29-2. Definitions.
(a)
“Domestic violence” includes, but is not limited to, any of the following crimes when committed by one family or household member against another:
(1)
Simple assault (§ 11-5-3);
(2)
Felony assaults (chapter 5 of title 11);
(3)
Vandalism (§ 11-44-1);
(4)
Disorderly conduct (§ 11-45-1);
(5)
Trespass (§ 11-44-26);
(6)
Kidnapping (§ 11-26-1);
(7)
Child-snatching (§ 11-26-1.1);
(8)
Sexual assault (§§ 11-37-2, 11-37-4);
(9)
Homicide (§§ 11-23-1 and 11-23-3);
(10)
Violation of the provisions of a protective order entered pursuant to § 15-5-19, chapter 15 of title 15, or chapter 8.1 of title 8 where the respondent has knowledge of the order and the penalty for its violation, or a violation of a no contact order issued pursuant to § 12-29-4;
(11)
Stalking (chapter 59 of title 11);
(12)
Refusal to relinquish or to damage or to obstruct a telephone (§ 11-35-14);
(13)
Burglary and Unlawful Entry (chapter 8 of title 11);
(14)
Arson (chapter 4 of title 11);
(15)
Cyberstalking and cyberharassment (§ 11-52-4.2);
(16)
Domestic assault by strangulation § 11-5-2.3; and
(17)
Electronic tracking of motor vehicles (§ 11-69-1).
(b)
“Family or household member” means spouses, former spouses, adult persons related by blood or marriage, adult persons who are presently residing together or who have resided together in the past three (3) years, and persons who have a child in common regardless of whether they have been married or have lived together, or persons who are, or have been, in a substantive dating or engagement relationship within the past one year which shall be determined by the court’s consideration of the following factors:
(1)
The length of time of the relationship;
(2)
The type of the relationship;
(3)
The frequency of the interaction between the parties.
(c)
“Protective order” means an order issued pursuant to § 15-5-19, chapter 15 of title 15, or chapter 8.1 of title 8.
(d)
“Victim” means a family or household member who has been subjected to domestic violence.
History of Section.
P.L. 1988, ch. 539, § 6; P.L. 1990, ch. 390, § 2; P.L. 1994, ch. 314, § 1; P.L. 1995, ch. 144, § 1; P.L. 2001, ch. 259, § 1; P.L. 2007, ch. 300, § 1; P.L. 2007, ch. 475, § 1; P.L. 2011, ch. 73, § 1; P.L. 2011, ch. 97, § 1; P.L. 2012, ch. 278, § 2; P.L. 2012, ch. 284, § 2; P.L. 2016, ch. 39, § 2; P.L. 2016, ch. 41, § 2.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-29 - Domestic Violence Prevention Act › Section 12-29-4.1. - Speedy trial.

§ 12-29-4.1. Speedy trial.
In any action under this chapter, the court and the attorney general’s office shall take appropriate action to ensure a speedy trial to minimize the length of time the victim must endure the stress of involvement in the proceeding. In ruling on any motion or request for a delay or continuance of proceedings, the court shall consider any adverse impact the delay or continuance may have on the well-being of the victim. This provision establishes a right to a speedy trial to the victim and shall not be construed as creating any additional rights for, or diminishing any rights of the defendant.
History of Section.
P.L. 2005, ch. 92, § 1; P.L. 2005, ch. 105, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-29 - Domestic Violence Prevention Act › Section 12-29-5.1. - Oversight committee created — Composition.

§ 12-29-5.1. Oversight committee created — Composition.
(a)
There is created a batterers intervention standards oversight committee, referred to in this chapter as the committee pursuant to the provisions of § 12-29-5.
(b)
The committee shall meet no fewer than four (4) times per year at the call of the chairperson or upon petition of a majority of committee members.
(c)
The committee shall consist of thirteen (13) members to be appointed as follows: The director of the department of corrections or his or her designee who shall serve as chairperson of the committee; the director of the Rhode Island justice commission or his or her designee; the executive director of the Rhode Island Coalition Against Domestic Violence or his or her designee; a representative from the law enforcement community appointed by the chairperson of the Rhode Island Police Chiefs Association; the attorney general or his or her designee; the director of Justice Assistance or his or her designee; a qualified elector of this state appointed by the governor; the director of the domestic violence training and monitoring unit or his or her designee; the chief justice of the supreme court or his or her designee; the director of the department of health or his or her designee; a representative of a batterers intervention program appointed by the director of the Rhode Island Coalition Against Domestic Violence; the chief judge of the district court or his or her designee; and the director of the Urban League of Rhode Island or his or her designee.
(d)
Each member of the committee may appoint a permanent designee to attend committee meetings in his or her absence. A quorum of the committee shall consist of a majority of its members.
History of Section.
P.L. 1997, ch. 165, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-29 - Domestic Violence Prevention Act › Section 12-29-5.3. - Subcommittees, task forces, focus groups and advisory committees.

§ 12-29-5.3. Subcommittees, task forces, focus groups and advisory committees.
(a)
The committee may establish and appoint any subcommittees, task forces, focus groups and advisory committees that it deems necessary from time to time to carry out the provisions of this chapter.
(b)
The committee shall promulgate its rules of procedure governing its operations in accordance with the Administrative Procedures Act, chapter 35 of title 42.
History of Section.
P.L. 1997, ch. 165, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-29 - Domestic Violence Prevention Act › Section 12-29-6. - Training.

§ 12-29-6. Training.
(a)
The curriculum for new law enforcement officers presented at the Providence police academy, the state police academy, and the municipal police academy shall include at least eight (8) hours of training on domestic violence issues. That training shall stress the enforcement of criminal law in domestic violence cases and shall include:
(1)
The nature, extent, and causes of domestic violence;
(2)
Legal rights of and remedies available to victims of domestic violence;
(3)
Services and facilities available to victims and batterers;
(4)
Legal duties imposed on police officers to make arrests and to offer protection and assistance; and
(5)
Techniques for handling incidents of domestic violence that minimize the likelihood of injury to the officer and promote the safety of the victim.
(b)
Each law enforcement agency shall provide four (4) hours of in-service training to its officers on issues of domestic violence. This training shall stress the enforcement of criminal law in domestic violence cases and shall include:
(1)
The nature, extent and causes of domestic violence;
(2)
Legal rights of and remedies available to victims of domestic violence;
(3)
Services and facilities available to victims and batterers;
(4)
Legal duties imposed on police officers to make arrests and to offer protection and assistance; and
(5)
Techniques for handling incidents of domestic violence that minimize the likelihood of injury to the officer and promote the safety of the victim.
(c)
There is established within the court system a domestic violence training and monitoring unit, whose responsibilities shall include:
(1)
Development of curricula for recruit and in-service training of law enforcement personnel;
(2)
Delivery of that curricula at in-service trainings and at the academies;
(3)
Development and delivery of training for medical providers concerning the requirements of this section;
(4)
Development and delivery of training for probation officers in screening abusers for appropriate counseling; and
(5)
Development of forms, as required in §§ 12-29-8 and 12-29-9, and development of any other assessment tools that are necessary to monitor the implementation of this chapter.
(d)
The administrative office of the supreme court shall establish an ongoing training program for judges, court personnel, bail commissioners, and clerks to inform them of the policies and procedures of this chapter.
History of Section.
P.L. 1988, ch. 539, § 6; P.L. 1989, ch. 469, § 1; P.L. 2000, ch. 109, § 20.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-29 - Domestic Violence Prevention Act › Section 12-29-6.1. - Creation of domestic violence training and monitoring unit.

§ 12-29-6.1. Creation of domestic violence training and monitoring unit.
There is created the domestic violence training and monitoring unit, which shall be administered under the direction of the state court administrator.
History of Section.
P.L. 1991, ch. 223, § 2; P.L. 1995, ch. 370, art. 40, § 42.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-29 - Domestic Violence Prevention Act › Section 12-29-7. - Domestic abuse court advocacy project.

§ 12-29-7. Domestic abuse court advocacy project.
(a)
There is established within the court system a domestic abuse court advocacy project to provide the services as set forth in subsection (b) of this section. The administrator of the court system may contract with a nonprofit agency or organization which has a demonstrated record of service to victims of domestic violence for the purpose of operating the project.
(b)
The responsibilities of the project shall include, but not be limited to:
(1)
Advising victims of domestic violence crimes of their rights pursuant to chapter 28 of this title, and assisting victims in securing those rights;
(2)
Informing victims of the availability of protective orders and assisting victims in obtaining those orders as appropriate;
(3)
Referring victims to shelter services, counseling, and other social services, as appropriate; and
(4)
Monitoring the justice system’s response to and treatment of victims of domestic violence crimes.
(c)
The project shall assure coordination with other victims services programs, shelters, and other organizations or agencies offering services to victims of domestic abuse.
History of Section.
P.L. 1988, ch. 539, § 6.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-29 - Domestic Violence Prevention Act › Section 12-29-8. - Domestic violence reports.

§ 12-29-8. Domestic violence reports.
(a)
A law enforcement officer who responds to or investigates a domestic violence incident shall complete a domestic violence report, whether or not an arrest occurs.
(b)
For the purpose of establishing accurate data on the extent and severity of domestic violence in the state and on the degree of compliance with the requirements of § 12-29-3, the domestic violence training and monitoring unit of the court system shall prescribe a form for making domestic violence reports. The form shall include, but is not limited to, the following information:
(1)
Name of the parties;
(2)
Relationship of the parties;
(3)
Sex of the parties;
(4)
Date of birth of the parties;
(5)
Time and date of the incident;
(6)
Whether children were involved or whether the alleged act of domestic violence was committed in the presence of children;
(7)
Type and extent of the alleged abuse;
(8)
Number and types of weapons involved;
(9)
Existence of any prior court order; and
(10)
Any other data that may be necessary for a complete analysis of all circumstances leading to the arrest.
(c)
Each police department shall forward copies of the reports to the unit at the end of each month.
History of Section.
P.L. 1988, ch. 539, § 6; P.L. 1994, ch. 134, § 7.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-29 - Domestic Violence Prevention Act › Section 12-29-8.1. - Restraining order no-contact order system (R.O.N.C.O.).

§ 12-29-8.1. Restraining order no-contact order system (R.O.N.C.O.).
(a)
All domestic violence and sexual assault protective orders must be filed in the R.O.N.C.O. system at the attorney general’s bureau of criminal identification (B.C.I.) unit.
(b)(1)
All protective orders from district court, superior court, family court, police departments and bail commissioners must be filed upon issuance by faxing or delivering the orders to the B.C.I. unit no later than the end of the day of issuance. Orders shall include the following: the terms of the order, the date of issuance, the date of the second hearing (if any), the dates of birth of the parties, and the date of expiration.
(2)
All modifications and terminations of the orders must also be faxed or delivered to the B.C.I. unit no later than the end of the day of the modification. Any protective order issued pursuant to chapter 15 of title 15, chapter 8.1 of title 8, and chapter 5 of title 15 which is terminated or expires for any reason, and any no-contact order issued by any superior court, district court or family court which is removed, rescinded or expired for any reason shall be expunged within thirty (30) days from the R.O.N.C.O. system and the prior existence of the protective order or no-contact order shall not be disclosed except by court order.
(c)
A person entitled to protection under an existing protection order shall, upon request, be given a certified copy of the order by the court clerk. The attorney general’s B.C.I. unit shall accept the certified copy and enter that copy into the R.O.N.C.O. system.
(d)
For purposes of this section, “protective orders” includes all family, district, and superior court restraining orders, as well as district and superior court no-contact orders.
History of Section.
P.L. 1998, ch. 384, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-29 - Domestic Violence Prevention Act › Section 12-29-9. - Medical data collection reports.

§ 12-29-9. Medical data collection reports.
(a)(1)
For the purpose of documenting incidents of family violence resulting in injuries treated at medical facilities or by medical providers and of providing statistically valid information on the extent of family violence, the domestic violence training and monitoring unit of the court system shall prescribe a form for making medical data collection reports. The form shall include, but is not limited to the following:
(i)
Relationship of the parties;
(ii)
Sex of the parties;
(iii)
Date of birth of the parties;
(iv)
Time and date of the incident;
(v)
Whether the incident is verified by the victim;
(vi)
Type of injuries;
(vii)
Whether medical attention or hospitalization is required;
(viii)
Whether the victim has previously sustained injuries as a result of family violence;
(ix)
Action taken;
(x)
Source of the report;
(xi)
Address of the reporter.
(2)
The report shall not contain the name of the parties nor any other identifying information.
(b)
A report shall be completed for any victim being treated for injuries which the victim states resulted from domestic violence or which the mandated medical provider has reasonable cause to believe resulted from domestic violence.
(c)
The report shall be submitted to the unit on a quarterly basis for quarters ending on September 30, December 31, March 31, and June 30.
History of Section.
P.L. 1988, ch. 539, § 6; P.L. 1994, ch. 134, § 7.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-29 - Domestic Violence Prevention Act › Section 12-29-10. - Severability.

§ 12-29-10. Severability.
If any provision of this chapter or its application to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.
History of Section.
P.L. 1988, ch. 539, § 6.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-29.1 - Elderly Violence Prevention Act › Section 12-29.1-1. - Short title.

§ 12-29.1-1. Short title.
This chapter shall be known and may be cited as the “Elderly Violence Prevention Act.”
History of Section.
P.L. 1998, ch. 416, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-29.1 - Elderly Violence Prevention Act › Section 12-29.1-2. - Legislative purpose.

§ 12-29.1-2. Legislative purpose.
(a)
The purpose of this chapter is to recognize the importance of violence against the elderly as a serious crime against society and to assure elderly victims of violence the maximum protection from violence which the law and those who enforce the law can provide.
(b)
It is the intent of the legislature that the official response to cases of crimes of violence against the elderly shall stress the enforcement of the laws to protect the victim and shall communicate the attitude that violent behavior is not excused or tolerated.
History of Section.
P.L. 1998, ch. 416, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-29.1 - Elderly Violence Prevention Act › Section 12-29.1-3. - Definitions.

§ 12-29.1-3. Definitions.
The following words as used in this chapter have the following meanings:
(1)
“Elderly person” means any person over the age of sixty (60) years.
(2)
“Victim” means any elderly person who has been subjected to a crime of violence.
(3)
“Violent crimes” includes, but is not limited to, any of the following crimes:
(i)
Breaking and entering (§ 11-8-2.3);
(ii)
Felony assaults (§§ 11-5-1, 11-5-2, 11-5-4, 11-5-10, 11-5-10.1, 11-5-10.4);
(iii)
Simple Assaults (§ 11-5-3);
(iv)
Kidnapping (§ 11-26-1);
(v)
Sexual Assault (§§ 11-37-2, 11-37-4); and
(vi)
Homicide (§§ 11-23-1, 11-23-3).
History of Section.
P.L. 1998, ch. 416, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-29.1 - Elderly Violence Prevention Act › Section 12-29.1-4. - Law enforcement officers — Duties and immunity.

§ 12-29.1-4. Law enforcement officers — Duties and immunity.
(a)
The primary duty of law enforcement officers when responding to a violent crime against the elderly situation is to enforce the laws allegedly violated and to protect the victim.
(b)(1)
When a law enforcement officer responds to a violent crime against an elderly person and has probable cause to believe that a crime of violence has been committed, the officer shall exercise arrest powers pursuant to §§ 12-7-3 and 12-7-4; provided, that the officer may arrest and take into custody the alleged perpetrator of the crime when the officer has probable cause to believe that the person being arrested has committed any of the following acts:
(i)
A felonious assault;
(ii)
An assault which has resulted in bodily injury to the victim, whether or not the injury is observable by the responding officer;
(iii)
Physical action which was intended to cause another person reasonably to fear imminent serious bodily injury or death. “Bodily injury” means physical pain, illness, or an impairment of physical condition;
(iv)
Violation of a protective order and the violator has previous knowledge of the order and the terms of the order; or
(v)
Violation of a no-contact order issued pursuant to § 12-29.1-5.
(2)
The decision to arrest and charge a person under the provisions of this chapter shall not:
(i)
Be dependent on the specific consent of the victim;
(ii)
Consider the relationship of the parties; or
(iii)
Be based solely on a request by the victim.
(3)
An arrest without warrant made under this section shall be made within twenty-four (24) hours of the alleged crime.
(4)
If an arrest without warrant cannot be made pursuant to this section, the officer shall advise the victim of the right to file a criminal complaint and shall seek a warrant for arrest if there is probable cause to do so.
(c)
A law enforcement officer shall not be held liable for false arrest in any civil action for an arrest based on probable cause or for enforcement in good faith of a court order issued pursuant to this chapter.
(d)
It shall be the responsibility of the law enforcement officer at the scene of a violent crime against the elderly to provide immediate assistance to the victim. This assistance shall include, but not be limited to, assisting the victim to obtain medical treatment if treatment is required, including transportation to an emergency medical treatment facility.
History of Section.
P.L. 1998, ch. 416, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-29.1 - Elderly Violence Prevention Act › Section 12-29.1-5. - Restrictions upon and duties of court.

§ 12-29.1-5. Restrictions upon and duties of court.
(a)(1)
Because of the likelihood of repeated violence directed at those who have been victims in the past, when a person is charged with or arrested for a crime of violence against an elderly person that person may not be released from custody on bail or personal recognizance before arraignment without first appearing before the court or bail commissioner. The court or bail commissioner authorizing release shall issue a no-contact order prohibiting the person charged or arrested from having contact with the victim.
(2)
At the time of arraignment or bail hearing the court or bail commissioner shall determine whether a no-contact order shall be issued or extended.
(3)
Willful violation of a court order issued under subdivision (2) of this subsection is a misdemeanor. The written order releasing the person charged or the written order issued at the time of disposition shall contain the court’s directive and shall bear the legend: “Violation of this order is a criminal offense under this section and will subject a violator to arrest”. A copy of the order shall be provided to the victim.
(4)
Whenever an order prohibiting contact is issued, modified, or terminated under subdivision (1), (2) or (3) of this subsection, the clerk of the court shall forward a copy of the order on or before the next judicial day to the appropriate law enforcement agency specified in the order.
History of Section.
P.L. 1998, ch. 416, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-29.1 - Elderly Violence Prevention Act › Section 12-29.1-6. - Speedy trial.

§ 12-29.1-6. Speedy trial.
In any action involving a victim sixty-five (65) years of age or older, the court shall take appropriate action to ensure a speedy trial to minimize the length of time the victim must endure the stress of involvement in the proceeding. In ruling on any motion or request for a delay or continuance of proceedings, the court shall consider any adverse impact the delay or continuance may have on the well-being of the victim or witness. This provision establishes a right to speedy trial to the victim and shall not be construed as creating any additional rights in the defendant.
History of Section.
P.L. 2008, ch. 161, § 1; P.L. 2008, ch. 204, § 1.