The bill amends the General Laws in Chapter 8-8.1 entitled "Domestic Assault" to enhance the process for issuing protective orders and the surrender of firearms by individuals subject to such orders. It requires individuals restrained under a protective order to surrender all firearms within 24 hours and either provide a receipt of surrender or attest to not having firearms within 72 hours. The restrained person may arrange for the sale or transfer of their firearms to a qualified individual who is not related to them or living in the same household. The bill also establishes that violations of these provisions are considered a felony and that after a hearing, the court may continue the order of surrender and prohibit the restrained person from purchasing or receiving firearms while the protective order is in effect. Additionally, the bill exempts sworn peace officers and active military members from the prohibition of possessing firearms due to a domestic violence restraining order, provided the firearms required for duty are stored at the place of employment when not in use.

Furthermore, the bill introduces a requirement that, starting July 1, 2025, any attorney prosecuting violations of protective orders must have completed specialized domestic violence prosecution training and update this training every four years. This training must be in line with national best practices and eligible for continuing legal education credits. The bill also clarifies that violations of protective orders are misdemeanors punishable by fines and/or imprisonment and that the penalties will include those provided by § 12-29-5. The act will take effect upon passage, meaning the changes will be implemented immediately after the bill is signed into law.

Statutes affected:
7567  SUB A: 8-8.1-3, 12-29-4, 15-15-3
7567: 8-8.1-3, 12-29-4, 15-15-3