Pacheco, Helena R.

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Roger Williams University Law ReviewVolume 4 | Issue 2 Article 26Spring 19991998 Survey of Rhode Island Law: Legislation:Criminal Procedure: An Act Relating to CriminalProcedure - Elderly Violence PreventionHelena R. PachecoRoger Williams University School of LawFollow this and additional works at: http://docs.rwu.edu/rwu_LRThis Survey of Rhode Island Law is brought to you for free and open access by the Journals at DOCS@RWU. It has been accepted for inclusion inRoger Williams University Law Review by an authorized administrator of DOCS@RWU. For more information, please contact mwu@rwu.edu.Recommended CitationPacheco, Helena R. (1999) "1998 Survey of Rhode Island Law: Legislation: Criminal Procedure: An Act Relating to CriminalProcedure - Elderly Violence Prevention," Roger Williams University Law Review: Vol. 4: Iss. 2, Article 26.Available at: http://docs.rwu.edu/rwu_LR/vol4/iss2/26SURVEY SECTIONCriminal Procedure. An Act Relating to Criminal Procedure -Elderly Violence Prevention. Seeks to prevent violence against theelderly, specifically those age sixty and older, through the utiliza-tion of the law and those responsible for enforcing it. The Act doesthis by: (1) providing for arrest of individuals committing acts ofviolence against the elderly even in the absence of arrest warrants,(2) not allowing arrests to be dictated solely by the desires of theelderly victims, (3) mandating officer assistance to victims, (4) re-moving civil liability from law enforcement officers under certaincircumstances, (5) providing for no-contact orders, and (6)criminalizing the violation of no-contact orders. Effective, July 21,1998. 1998 R.I. Pub. Laws ch. 416.This Legislation (the Act) amends Title 12 of the Rhode IslandGeneral Laws. The Act's stated purpose is to emphasize the grav-ity of violent crimes perpetrated on the elderly and to provide eld-erly victims of such crimes with the most security the law canafford.' The role of law enforcement officers and the courts is touse the law to protect elderly violence victims and to send a clearmessage to the rest of society that such behavior is intolerable.2The Act allows law enforcement officials to arrest an individ-ual they believe has carried out a violent act against an elderlyperson in numerous situations.3 An officer may arrest with prob-able cause, but without an arrest warrant, any individual who hascommitted felony assault, assault resulting in physical injury(whether or not the injury is visible to the officer), an act intendedto instill apprehension of immediate and serious bodily harm ordeath, or a violation of a variety of court imposed orders. 4 An of-ficer's determination of whether or not to arrest a particular indi-vidual is not to be conditioned on the victim's approval, the victim'srequest, or even the victim's relationship to the alleged perpetratorof the violent crime. 5Regardless of whether or not an officer arrests an alleged per-petrator, the officer has certain responsibilities that he or she must1. See R.I. Gen. Laws § 12-29.1-2(a) (1956) (1994 Reenactment & Supp.1998).2. See id. § 12-29.1-2(b).3. See id. § 12-29.1-4(b)(1).4. See id. § 12-29.1-4(b)(1)(i)-(v).5. See id. § 12-29.14(b)(2)(i)-(iii).1999] 833834 ROGER WILLIAMS UNIVERSITY LAW REVIEW [Vol. 4:605fulfill. 6 An officer must inform the elderly victim that he or she hasthe absolute right to file a criminal complaint against the offendingindividual. 7 An officer must also obtain an arrest warrant if prob-able cause exists."An officer has certain obligations with regard to providing anelderly victim with assistance. 9 An officer must help an elderly vic-tim obtain necessary medical attention.' 0 Similarly, an officermust provide an elderly victim with transportation, if necessary toobtaining such medical attention."In addition, the Act shields officers from civil liability for falsearrests. 12 An officer is protected so long as the officer acted withprobable cause in the case of an arrest and good faith in the case ofthe execution of a court order.' 3The Act acknowledges that crimes against the elderly are usu-ally not isolated incidents.' 4 In fact, the possibility of repeated vio-lence is something that courts are well aware of.15 As a result, theAct provides that individuals cannot be released "on bail or per-sonal recognizance before arraignment without first appearingbefore the court or bail commissioner."16 Both courts and bail com-missioners are mandated to issue a no-contact order before releas-ing an individual. 17 A no-contact order forbids the individual"from having contact with the victim." 18 Similarly, courts and bailcommissioners are entitled to issue or extend the duration of no-contact orders during the individual's arraignment or bailhearing. 19The intentional violation of a no-contact order is itself acrime. 20 It is classified as a misdemeanor. 21 For that reason, an6. See id. § 12-29.1-4(b)(4).7. See id.8. See id.9. See id. § 12-29.1-4(d).10. See id.11. See id.12. See id. § 12-29.1-4(c).13. See id.14. See id. § 12-29.1-5(a)(1).15. See id.16. Id.17. See id.18. Id.19. See id. § 12-29.1-5(a)(2).20. See id. § 12-29.1-5(a)(3).21. See id.SURVEY SECTIONindividual issued a no-contact order must have actual notice(through writing in the court order) that such violation can andwill result in arrest.22Helena R. Pacheco22. See id.1999] 835

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1998 Survey of Rhode Island Law: Legislation: Criminal Procedure: An Act Relating to Criminal Procedure - Elderly Violence Prevention

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