REPORT TITLE:
Abuse Fam./Hous. Member


DESCRIPTION:
Clarifies that the repeat offender provision for the offense of
abuse of family or household member applies to successive
convictions, rather than commission of successive violations of
the law. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2297
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO FAMILY OR HOUSEHOLD MEMBER ABUSE.



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

 1      SECTION 1.  Section 709-906, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (5) to read as follows:
 
 3      "(5)  Abuse of a family or household member and refusal to
 
 4 comply with the lawful order of a police officer under subsection
 
 5 (4) are misdemeanors and the person shall be sentenced as
 
 6 follows:
 
 7      (a)  For [the] a conviction for a first offense, the person
 
 8           shall serve a minimum jail sentence of forty-eight
 
 9           hours; and
 
10      (b)  For the conviction of a second offense and any other
 
11           subsequent offense that occurs within one year of the
 
12           previous [offense,] conviction, the person shall be
 
13           termed a "repeat offender" and serve a minimum jail
 
14           sentence of thirty days.
 
15 Upon conviction and sentencing of the defendant, the court shall
 
16 order that the defendant immediately be incarcerated to serve the
 
17 mandatory minimum sentence imposed; provided that the defendant
 
18 may be admitted to bail pending appeal pursuant to chapter 804.
 
19 The court may stay the imposition of the sentence if special
 

 
Page 2                                                     2997
                                     H.B. NO.           
                                                        
                                                        

 
 1 circumstances exist."
 
 2      SECTION 2.  Statutory material to be repealed is bracketed.
 
 3 New statutory material is underscored.
 
 4      SECTION 3.  This Act shall take effect upon its approval.
 
 5 
 
 6                           INTRODUCED BY:  _______________________