REPORT TITLE:
Domestic Abuse


DESCRIPTION:
Requires evidence of at least one documented incident of domestic
abuse to issue protective order; makes penal offense of false
reporting of domestic abuse incident.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2026
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO DOMESTIC ABUSE PROTECTIVE ORDERS. 


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

 1      SECTION 1.  Chapter 586, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "§586-    Basis for issuance of temporary restraining order;
 
 5 false reporting.  (a)  A temporary restraining order shall not be
 
 6 granted under section 586-4(a) or (b) unless the family court is
 
 7 presented with documented evidence furnished by the police
 
 8 department of the applicable county, department of human
 
 9 services, family court personnel, or appropriate social service
 
10 agency, of not less than one incident of abuse that the court
 
11 finds to be credible on the basis of the totality of
 
12 circumstances without regard to the sex of the complainant or the
 
13 victim.
 
14      (b)  For purposes of subsection (a), a false report made by
 
15 a family or household member or a person who filed a petition on
 
16 behalf of a family or household member of an incident of abuse
 
17 shall be punishable under section 710-1015."
 
18      SECTION 2.  Section 710-1015, Hawaii Revised Statutes, is
 
19 amended to read as follows:
 

 
Page 2                                                     
                                     S.B. NO.           2026
                                                        
                                                        

 
 1      "§710-1015  False reporting to law-enforcement
 
 2 authorities[.] and others.  (1)  A person commits the offense of
 
 3 false reporting to law-enforcement authorities if the person
 
 4 intentionally makes a report or causes the transmission of a
 
 5 report to law-enforcement authorities or to other persons
 
 6 described in section 586-  (a), relating to a crime or other
 
 7 incident within their concern when the person knows that the
 
 8 information contained in the report is false. 
 
 9      (2)  False reporting to law-enforcement authorities is a
 
10 misdemeanor."
 
11      SECTION 3.  Statutory material to be repealed is bracketed.
 
12 New statutory material is underscored.
 
13      SECTION 4.  This Act shall take effect upon its approval.
 
14 
 
15                           INTRODUCED BY:  _______________________