REPORT TITLE:
Violence; Harassment, Firearms


DESCRIPTION:
Requires physicians, psychologists, and psychiatrists to notify
police if certain individuals being treated have a firearm;
allows temporary restraining orders for harassment of businesses;
clarifies liability for discharging firearms.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2754
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                     A BILL FOR AN ACT

RELATING TO VIOLENCE.



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

 1      SECTION 1.  Section 134-7, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (c) to read as follows:
 
 3      "(c)  No person who:
 
 4      (1)  Is or has been under treatment or counseling for
 
 5           addiction to, abuse of, or dependence upon any
 
 6           dangerous, harmful, or detrimental drug, intoxicating
 
 7           compound as defined in section 712-1240, or
 
 8           intoxicating liquor;
 
 9      (2)  Has been acquitted of a crime on the grounds of mental
 
10           disease, disorder, or defect pursuant to section
 
11           704-411; or
 
12      (3)  Is or has been diagnosed as having a significant
 
13           behavioral, emotional, or mental disorders as defined
 
14           by the most current diagnostic manual of the American
 
15           Psychiatric Association or for treatment for organic
 
16           brain syndromes;
 
17 shall own, possess, or control any firearm or ammunition
 
18 therefor, unless the person has been medically documented to be
 
19 no longer adversely affected by the addiction, abuse, dependence,
 

 
Page 2                                                     2754
                                     H.B. NO.           
                                                        
                                                        

 
 1 mental disease, disorder, or defect.  Pursuant to section 134-18,
 
 2 any physician, psychologist, or psychiatrist who provides
 
 3 diagnostic, treatment, or counseling services to individuals as
 
 4 described in paragraphs (1) and (3) shall immediately notify the
 
 5 chief of police of such individuals under their care.  Upon
 
 6 notification, the appropriate county police shall seize all
 
 7 firearms and ammunition in the manner prescribed in section
 
 8 137-7.5 in the possession of such individuals for the duration of
 
 9 treatment and care."
 
10      SECTION 2.  Section 604-10.5, Hawaii Revised Statutes, is
 
11 amended as follows:
 
12      1.  By amending subsection (c) to read:
 
13      "(c)  Any person who has been subjected to harassment or any
 
14 business acting on behalf of its employees which has been
 
15 subjected to harassment may petition the district court of the
 
16 district in which the petitioner resides for a temporary
 
17 restraining order and an injunction from further harassment."
 
18      2.  By amending subsection (h) to read:
 
19      "(h)  A knowing or intentional violation of a restraining
 
20 order or injunction issued pursuant to this section is a
 
21 misdemeanor.  The court shall sentence a violator to appropriate
 
22 counseling and shall sentence a [person] violator convicted under
 
23 this section as follows:
 

 
Page 3                                                     2754
                                     H.B. NO.           
                                                        
                                                        

 
 1      (1)  For a violation of an injunction or restraining order
 
 2           that occurs after a conviction for a violation of the
 
 3           same injunction or restraining order, a violator shall
 
 4           be sentenced to a mandatory minimum jail sentence of
 
 5           not less than forty-eight hours; and
 
 6      (2)  For any subsequent violation that occurs after a second
 
 7           conviction for violation of the same injunction or
 
 8           restraining order, the [person] violator shall be
 
 9           sentenced to a mandatory minimum jail sentence of not
 
10           less than thirty days.
 
11      The court may suspend any jail sentence, except for the
 
12 mandatory sentences under paragraphs (1) and (2), upon
 
13 appropriate conditions, such as that the defendant remain alcohol
 
14 and drug-free, conviction-free, or complete court-ordered
 
15 assessments or counseling.  The court may suspend the mandatory
 
16 sentences under paragraphs (1) and (2) where the violation of the
 
17 injunction or restraining order does not involve violence or the
 
18 threat of violence.  Nothing in this section shall be construed
 
19 as limiting the discretion of the judge to impose additional
 
20 sanctions authorized in sentencing for a misdemeanor offense."
 
21      SECTION 3.  Section 663-9.5, Hawaii Revised Statutes, is
 
22 amended to read as follows:
 
23      "[[]§663-9.5[]]  Liability [of firearm owners.] for
 

 


 

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                                     H.B. NO.           
                                                        
                                                        

 
 1 discharging firearms.  [The owner of a firearm, if the discharge
 
 2 of the firearm proximately causes either] Any person who
 
 3 intentionally causes the discharge of a firearm or discharges a
 
 4 firearm in the commission of a crime resulting in personal injury
 
 5 or property damage to any person, shall be absolutely liable for
 
 6 such damage.  [It shall be an affirmative defense to such
 
 7 absolute liability that the firearm was not in the possession of
 
 8 the owner and was taken from the owner's possession without the
 
 9 owner's permission and the owner either had reported the theft to
 
10 the police prior to the discharge or, despite the exercise of
 
11 reasonable care, had not discovered the theft prior to the
 
12 discharge or was not reasonably able to report the theft to the
 
13 police prior to the discharge.]  This section shall not apply
 
14 when the discharge of the firearm was legally justified."
 
15      SECTION 4.  Statutory material to be repealed is bracketed.
 
16 New statutory material is underscored.
 
17      SECTION 5.  This Act shall take effect upon its approval.
 
18 
 
19                       INTRODUCED BY:_____________________________