§ 12-29-3 - Law enforcement officers – Duties and immunity.
SECTION 12-29-3
§ 12-29-3 Law enforcement officers –Duties and immunity. – (a) The primary duty of law enforcement officers when responding to a domesticviolence situation is to enforce the laws allegedly violated and to protect thevictim.
(b) When a law enforcement officer responds to a domesticviolence situation and has probable cause to believe that a crime has beencommitted, the officer shall exercise arrest powers pursuant to §§12-7-3 and 12-7-4; provided, that the officer shall arrest and take intocustody the alleged perpetrator of the crime when the officer has probablecause to believe that any of the following acts has occurred:
(i) A felonious assault;
(ii) An assault which has resulted in bodily injury to thevictim, whether or not the injury is observable by the responding officer;
(iii) Physical action which was intended to cause anotherperson reasonably to fear imminent serious bodily injury or death. "Bodilyinjury" means physical pain, illness, or an impairment of physical condition; or
(iv) Violation of a protective order and the violator hasprevious knowledge of the order and the terms of it;
(v) Violation of a no-contact order issued pursuant to §12-29-4.
(2) The decision to arrest and charge 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 shallbe made within twenty-four (24) hours of the alleged crime.
(4) If an arrest without warrant cannot be made pursuant tothis section, the officer shall advise the victim of the right to file acriminal complaint and shall seek a warrant for arrest if there is probablecause to do so.
(c) When more than one family or household member involved ina domestic violence incident states a complaint, the officer shall investigateeach complaint to determine whether there is probable cause to believe a crimehas been committed. The officer shall not dismiss the incident by presuming two(2) party guilt.
(2) When the officer has probable cause to believe thatfamily or household members have assaulted each other, the officer is notrequired to arrest both persons. The officer shall arrest the person whom theofficer believes to be the primary physical aggressor.
(d) A law enforcement officer shall not be held liable forfalse arrest in any civil action, for an arrest based on probable cause or forenforcement in good faith of a court order issued pursuant to this chapter orpursuant to § 15-5-19, chapter 15 of title 15, or chapter 8.1 of title 8.
(e) It shall be the responsibility of the law enforcementofficer at the scene of a domestic violence incident to provide immediateassistance to the victim. This assistance shall include, but not be limited to:
(1) Assisting the victim to obtain medical treatment iftreatment is required, including transportation to an emergency medicaltreatment facility;
(2) Giving the victim notice of her or his right to obtain aprotective order in family court pursuant to chapter 15 of title 15 or districtcourt pursuant to chapter 8.1 of title 8 as appropriate according to therelationship of the parties. This notice shall be provided by handing thevictim a copy of the following statement written in English, Portuguese,Spanish, Cambodian, Hmong, Laotian, Vietnamese, and French and by reading thenotice to that person when possible:
"If you are in need of medical treatment, you have the rightto have the officer present drive you to the nearest hospital or otherwiseassist you.
"If you believe that police protection is needed for yourphysical safety, you have the right to have the officer present remain at thescene until you and your children can leave or until your safety is otherwiseobtained.
"You have the right to file a criminal complaint with theresponding officer or your local police department if the officer has notarrested the perpetrator.
"Married/blood relatives/children in common. If your attackeris your spouse, former spouse, person to whom you are related by blood ormarriage, or if you are not married to your attacker, but have a child incommon, you have the right to go to family court and ask the court to issue:
(i) An order restraining your attacker from abusing you oryour minor child;
(ii) An order awarding you exclusive use of your domicile; and
(iii) An order awarding you custody of your minor child(ren).
"Unmarried. If you are not married or related to yourattacker, but have resided with him or her within the past three (3) years, oryou or your attacker are in or have been in a substantive dating or engagementrelationship within the past six (6) months, you have the right to go todistrict court and request:
(i) An order restraining your attacker from abusing you; and
(ii) An order directing your attacker to leave yourhousehold, unless he or she has the sole legal interest in the household;"
(3) Informing the victim of available services; and
(4) In cases where the officer has determined that no causeexists for an arrest, assistance shall also include:
(i) Remaining at the scene as long as there is danger to thesafety of the person or until the person is able to leave the dwelling. Theofficer shall transport the person if no reasonable transportation isavailable; and
(ii) Informing the person that she or he has the right tofile a criminal complaint with the responding officer or the local policedepartment.
(f) An officer responding to a domestic violence call shallcomplete a domestic violence report pursuant to § 12-29-8.
(g) It shall be the responsibility of the attorney general todevelop a model Uniform Policy for Police Response to Domestic Violence whichis consistent with the provisions of this section. This written policy shall bedeveloped after conferring with the staff of the department of human services'domestic violence unit and with the council on domestic violence and shall bemade available to any law enforcement agency.
(2) Each law enforcement agency shall develop a Policy forPolice Response to Domestic Violence which is consistent with the UniformPolicy for Police Response to Domestic Violence developed by the attorneygeneral and shall file a copy of the policy with the attorney general withinsixty (60) days of receiving the model policy.