The bill amends Rhode Island law concerning protective orders in domestic violence cases, specifically addressing the prosecution of violations of these orders. Effective July 1, 2025, any law enforcement officer who appears before the court at an initial appearance for the prosecution of a violation of a protective order must self-certify that they have successfully completed a specialized domestic violence prosecution training course. Additionally, attorneys appointed by the prosecuting authority to prosecute these cases must also self-certify completion of the same training and undergo updated training every four years, aligned with national best practices and eligible for continuing legal education credits as approved by the Rhode Island Bar Association.
The bill establishes that violations of protective orders will be presented by a member of a law enforcement agency and/or prosecuted by an attorney appointed by the prosecuting authority. It mandates that the written order releasing the person charged or the written order issued at the time of disposition must contain a directive from the court stating that violation of the order is a criminal offense and will subject a violator to arrest. A copy of the order must be provided to the victim.
The bill also includes provisions for the surrender of firearms by defendants, requiring them to surrender their firearms within 24 hours of being notified of the protective order, and establishes a process for providing proof of surrender to the court. It classifies violations of the order regarding the return of firearms to the restrained individual while the protective order is in effect as felonies. The bill emphasizes timely hearings for individuals who have surrendered firearms and ensures that victims are informed of any related hearings.
Statutes affected: 1152: 8-8.1-3, 12-29-4, 15-15-3