AN ACT RELATING TO CRIMINAL PROCEDURE -- DOMESTIC VIOLENCE PREVENTION ACT (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.)

H8080

2026 -- H 8080
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LC005632
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO CRIMINAL PROCEDURE -- DOMESTIC VIOLENCE PREVENTION ACT

Introduced By:
Representatives Fogarty, Alzate, Diaz, Casimiro, Carson, Donovan,
Kislak, Shallcross Smith, Stewart, and Cortvriend

Date Introduced:
February 27, 2026

Referred To:
House Judiciary
(Attorney General)
It is enacted by the General Assembly as follows:
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SECTION 1. Section 12-29-5 of the General Laws in Chapter 12-29 entitled "Domestic
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Violence Prevention Act" is hereby amended to read as follows:
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12-29-5. Disposition of domestic violence cases.
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(a) Every person convicted of, or placed on probation for, a crime involving domestic
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violence or whose case is filed pursuant to § 12-10-12 where the defendant pleads nolo contendere,
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in addition to any other sentence imposed or counseling ordered, shall be ordered by the judge to
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attend, at his or her own expense, a batterer’s intervention program appropriate to address his or
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her violent behavior; provided, however, that the court may permit a servicemember or veteran to
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complete any court-approved counseling program administered or approved by the Veterans’
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Administration. This order shall be included in the conditions of probation. Failure of the defendant
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to comply with the order shall be a basis for violating probation and/or the provisions of § 12-10-
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12. This provision shall not be suspended or waived by the court.
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(b) Every person convicted of, or placed on probation for, a crime involving domestic
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violence as enumerated in § 12-29-2, or whose case is filed pursuant to § 12-10-12 where the
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defendant pleads guilty or nolo contendere, in addition to other court costs or assessments imposed,
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shall be ordered to pay a one hundred twenty-five dollar ($125) assessment. Eighty percent (80%)
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of the assessment collected pursuant to this section shall be provided to the Rhode Island Coalition
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Against Domestic Violence for programs to assist victims of domestic violence and twenty percent
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(20%) of the assessment shall be deposited as general revenue.

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(c)(1) Every person convicted of an offense punishable as a misdemeanor involving
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domestic violence as defined in § 12-29-2 shall:
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(i) For a second violation,
including both prior felony and misdemeanor convictions,
be
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imprisoned for a term of not less than ten (10) days and not more than one year.
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(ii) For a third and subsequent violation,
including both prior felony and misdemeanor
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convictions,
be deemed guilty of a felony and be imprisoned for a term of not less than one year
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and not more than ten (10) years.
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(2) No jail sentence provided for under this section can be suspended.
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(3) Nothing in this subsection shall be construed as limiting the discretion of the judges to
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impose additional sanctions authorized in sentencing.
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(d) The court shall determine, for every person who pleads nolo contendere to, or is
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convicted of, an offense involving domestic violence as enumerated in § 12-29-2, whether, as a
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result of the plea or conviction, the defendant is prohibited under § 11-47-5(a)(3) or § 11-47-
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5(a)(4) from purchasing, owning, carrying, transporting, or having in his or her possession any
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firearm.
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(1) Prior to the entry of a plea of nolo contendere to an offense involving domestic violence
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as enumerated in § 12-29-2, the court shall advise the defendant that a plea of nolo contendere has
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the same legal effect and collateral consequences as a plea of guilty.
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(2) Prior to the entry of a plea of nolo contendere to an offense punishable as a felony
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involving domestic violence as enumerated in § 12-29-2, or an offense enumerated in § 11-47-
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5(a)(4), the court shall advise the defendant that, in addition to any other sentence or penalty, the
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defendant shall, as result of the plea, be prohibited from purchasing, owning, carrying, transporting,
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or having in their possession any firearm under § 11-47-5.
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(3) The person required to surrender his or her firearms pursuant to this section shall not
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be responsible for any costs of storage of any firearms surrendered pursuant to this section.
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(e) For the purposes of this section, “batterers intervention program” means a program that
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is certified by the batterers intervention program standards oversight committee according to
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minimum standards, pursuant to §§ 12-29-5.1, 12-29-5.2, and 12-29-5.3.
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(f) For purposes of this section, “servicemember” means a person who is presently serving
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in the armed forces of the United States, including the Coast Guard, a reserve component thereof,
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or the National Guard. “Veteran” means a person who has served in the armed forces, including
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the Coast Guard of the United States, a reserve component thereof, or the National Guard, and has
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been discharged under other than dishonorable conditions.
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(g) The court shall indicate on every record of conviction or a plea of nolo contendere for

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an offense punishable as a felony involving domestic violence, as defined in § 12-29-2, that the
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defendant is prohibited under §§ 11-47-5 and 11-47-5.3 from purchasing, owning, carrying,
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transporting, or having in their possession, any firearm(s). The court shall inform the defendant of
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their prohibited status and shall order the defendant to surrender any firearm(s) in their ownership,
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possession, care, custody or control in accordance with § 11-47-5.3.
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(h) The court shall indicate on every record of conviction or a plea of nolo contendere for
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an offense enumerated in § 11-47-5(a)(4) that the defendant is prohibited under §§ 11-47-5 and
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11-47-5.4 from purchasing, owning, carrying, transporting, or having in their possession, any
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firearm(s). The court shall inform the defendant of their prohibited status, shall order the defendant
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to surrender any firearm(s) in their ownership, possession, care, custody or control, and shall ensure
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that surrender is made in accordance with § 11-47-5.4.
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(i) No proceeds shall be provided to any person if the firearm(s) is destroyed pursuant to
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this section.
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(j) Any firearm(s) used in the commission of the offense leading to the conviction pursuant
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to this section shall be forfeited to the state upon conviction.
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SECTION 2. This act shall take effect upon passage.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO CRIMINAL PROCEDURE -- DOMESTIC VIOLENCE PREVENTION ACT
***
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This act would provide that a defendant's third and subsequent violation of domestic
2
violence offenses, including both prior felony and misdemeanor convictions, would be punishable
3
as a felony.
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This act would take effect upon passage.
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