REPORT TITLE:
Domestic Violence; 48-Hr Hold


DESCRIPTION:
Extends from 24 to 48 hours the time in which a police officer
may order a person to leave the premises of a domestic violence
incident.  Allows for a person arrested for domestic violence to
be held after posting a bail bond for up to 48 hours if certain
conditions are met.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1843
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO DOMESTIC VIOLENCE.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The legislature finds that there is a need to
 
 2 extend the "cooling off" period for alleged perpetrators of
 
 3 domestic violence to provide for additional time for crisis
 
 4 intervention and to ensure the safety of the victim and the
 
 5 victim's children, if any.  Accordingly, the purpose of this Act
 
 6 is to:
 
 7      (1)  Amend the "cooling off" period in section 709-906,
 
 8           Hawaii Revised Statutes, in which a police officer may
 
 9           order a person to leave the premises of a domestic
 
10           violence incident, from twenty-four to forty-eight
 
11           hours; and
 
12      (2)  Amend the bail law to allow for a person arrested or
 
13           being held for an alleged act of domestic violence to
 
14           be held after posting a bail bond for up to forty-eight
 
15           hours if certain conditions are met, including that the
 
16           violence would continue if the person is released and
 
17           probable cause exists to believe that the person
 
18           committed the instant offense.  This Act further
 
19           provides that the agency holding the alleged
 

 
Page 2                                                     1843
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 1           perpetrator shall make a reasonable attempt to give
 
 2           personal notice of the imminent release of that person
 
 3           to the victim or another person designated by the
 
 4           victim.
 
 5      SECTION 2.  Section 709-906, Hawaii Revised Statutes, is
 
 6 amended by amending subsection (4) to read as follows:
 
 7      "(4)  Any police officer, with or without a warrant, may
 
 8 take the following course of action where the officer has
 
 9 reasonable grounds to believe that there was physical abuse or
 
10 harm inflicted by one person upon a family or household member,
 
11 regardless of whether the physical abuse or harm occurred in the
 
12 officer's presence:
 
13      (a)  The police officer may make reasonable inquiry of the
 
14           family or household member upon whom the officer
 
15           believes physical abuse or harm has been inflicted and
 
16           other witnesses as there may be;
 
17      (b)  Where the police officer has reasonable grounds to
 
18           believe that there is probable danger of further
 
19           physical abuse or harm being inflicted by one person
 
20           upon a family or household member, the police officer
 
21           lawfully may order the person to leave the premises for
 
22           a period of separation of [twenty-four] forty-eight
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        


 1           hours, during which time the person shall not initiate
 
 2           any contact, either by telephone or in person, with the
 
 3           family or household member; provided that the person is
 
 4           allowed to enter the premises with police escort to
 
 5           collect any necessary personal effects;
 
 6      (c)  Where the police officer makes the finding referred to
 
 7           in paragraph (b) and the incident occurs after 12:00
 
 8           p.m. on any Friday, or on any Saturday, Sunday, or
 
 9           legal holiday, the order to leave the premises and to
 
10           initiate no further contact shall commence immediately
 
11           and be in full force, but the [twenty-four] forty-
 
12           eight-hour period shall be enlarged and extended until
 
13           4:30 p.m. on the first day following the weekend or
 
14           legal holiday;
 
15      (d)  All persons who are ordered to leave as stated above
 
16           shall be given a written warning citation stating the
 
17           date, time, and location of the warning and stating the
 
18           penalties for violating the warning.  A copy of the
 
19           warning citation shall be retained by the police
 
20           officer and attached to a written report which shall be
 
21           submitted in all cases.  A third copy of the warning
 
22           citation shall be given to the abused person;
 

 
 
 
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 1      (e)  If the person so ordered refuses to comply with the
 
 2           order to leave the premises or returns to the premises
 
 3           before the expiration of the period of separation, or
 
 4           if the person so ordered initiates any contact with the
 
 5           abused person, the person shall be placed under arrest
 
 6           for the purpose of preventing further physical abuse or
 
 7           harm to the family or household member; and
 
 8      (f)  The police officer may seize all firearms and
 
 9           ammunition that the police officer has reasonable
 
10           grounds to believe were used or threatened to be used
 
11           in the commission of an offense under this section."
 
12      SECTION 3.  Section 804-7, Hawaii Revised Statutes, is
 
13 amended to read as follows:
 
14      "§804-7 Release after bail[.  When]; domestic violence
 
15 exception.  (a)  Except as provided in subsections (b) and (c),
 
16 when bail is offered and taken the prisoner shall be discharged
 
17 from custody or imprisonment.
 
18      (b)  The head of the agency arresting or holding a person
 
19 who has been arrested or held for a violation of section 709-906
 
20 may hold the person for a period not exceeding forty-eight hours
 
21 after bond has been posted, if authorized in writing directed to
 
22 the person having custody of the detained person by the judicial
 

 
 
 
Page 5                                                     1843
                                     H.B. NO.           
                                                        
                                                        


 1 officer named in section 804-5 who concludes that:
 
 2      (1)  The violence would continue if the person is released;
 
 3           and
 
 4      (2)  If the additional period exceeds twenty-four hours,
 
 5           probable cause exists to believe that the person
 
 6           committed the instant offense, and that, during the
 
 7           ten-year period preceding the date of the instant
 
 8           offense, the person has been arrested:
 
 9           (A)  On more than one occasion for an offense under
 
10                section 709-906 or other offense involving family
 
11                or domestic violence; or
 
12           (B)  For any other offense, if a dangerous instrument,
 
13                as defined in section 707-700, was used or
 
14                exhibited during commission of the offense or
 
15                during immediate flight after commission of the
 
16                offense.
 
17      (c)  Before releasing on bail a person arrested for an
 
18 offense under section 709-906, the agency holding the person
 
19 shall make a reasonable attempt to give personal notice of the
 
20 imminent release to the victim of the alleged offense or to
 
21 another person designated by the victim to receive the notice.
 
22 An attempt by an agency to give notice to the victim or the
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        


 1 person designated by the victim at the victim's or person's last
 
 2 known telephone number or address, as shown on the records of the
 
 3 agency, constitutes a reasonable attempt to give notice under
 
 4 this subsection.  If possible, the arresting officer shall
 
 5 collect the address and telephone number of the victim at the
 
 6 time the arrest is made and shall communicate that information to
 
 7 the agency holding the person.  A law enforcement agency or an
 
 8 employee of a law enforcement agency is not liable for damages
 
 9 arising from complying or failing to comply with this
 
10 subsection."
 
11      SECTION 4.  This Act does not affect rights and duties that
 
12 matured, penalties that were incurred, and proceedings that were
 
13 begun, before its effective date.
 
14      SECTION 5.  Statutory material to be repealed is bracketed.
 
15 New statutory material is underscored.
 
16      SECTION 6.  This Act shall take effect upon its approval.
 
17 
 
18                              INTRODUCED BY:______________________