REPORT TITLE:
Dom. abuse; Protect. Or.


DESCRIPTION:
Includes "dating relationship" within domestic abuse protective
orders.  Provides for extended protective orders for 10-year
period.  Makes penalties for violation of protective orders
consistent with those for violation of temporary restraining
orders.  Requires full faith and credit be given to foreign
protective orders. (SD1) 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2154
TWENTIETH LEGISLATURE, 2000                                S.D. 1
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO PROTECTIVE ORDERS.



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

 1      SECTION 1.  Senate Concurrent Resolution No. 184, S.D. 1,
 
 2 regular session of 1999, requested the legislative reference
 
 3 bureau to study Hawaii's domestic violence and abuse laws,
 
 4 including laws relating to protective orders, in order to enhance
 
 5 victim protection and to provide uniformity and consistency in
 
 6 domestic abuse laws.  This Act is based upon the proposals
 
 7 recommended by the Bureau in its report in response to Senate
 
 8 Concurrent Resolution No. 184, S.D. 1.  Specifically, this Act:
 
 9      (1)  Includes dating relationships within the definition of
 
10           family or household members for purposes of a
 
11           protective order;
 
12      (2)  Extends the effective period of a protective order;
 
13      (3)  Conforms the penalties for violation of a protective
 
14           order with those for a temporary restraining order;
 
15      (4)  Ensures full faith and credit of foreign protective
 
16           orders in compliance with federal law; and
 
17      (5)  Requires that protective orders under section
 
18           580-10(d), Hawaii Revised Statutes, comply with the
 
19           requirements of and be enforced pursuant to
 
20           chapter 586.
 

 
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 1 The foreign protective order provisions expound on the bureau's
 
 2 proposal by including filing and penalty provisions and
 
 3 elaborating on the enforcement of foreign protective orders.
 
 4      Accordingly, the purpose of this Act is to effectuate these
 
 5 proposals.
 
 6      SECTION 2.  Chapter 586, Hawaii Revised Statutes, is amended
 
 7 to read as follows:
 
 8                           "CHAPTER 586
 
 9                 DOMESTIC ABUSE PROTECTIVE ORDERS
 
10                    PART I.  GENERAL PROVISIONS
 
11      §586-1  Definitions.  As used in this chapter:
 
12      "Dating relationship" means a romantic, courtship, or
 
13 engagement relationship, often but not necessarily characterized
 
14 by actions of an intimate or sexual nature, but does not include
 
15 a casual acquaintanceship or ordinary fraternization between
 
16 persons in a business or social context.
 
17      "Domestic abuse" means:
 
18      (1)  Physical harm, bodily injury, assault, or the threat of
 
19           imminent physical harm, bodily injury, or assault,
 
20           extreme psychological abuse or malicious property
 
21           damage between family or household members; or
 
22      (2)  Any act [which] that would constitute an offense under
 
23           section 709-906, or under part V or VI of chapter 707
 

 
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 1           committed against a minor family or household member by
 
 2           an adult family or household member.
 
 3      "Extreme psychological abuse" means an intentional or
 
 4 knowing course of conduct directed at an individual that
 
 5 seriously alarms or disturbs consistently or continually bothers
 
 6 the individual[,] and that serves no legitimate purpose; provided
 
 7 that [such] the course of conduct would cause a reasonable person
 
 8 to suffer extreme emotional distress.
 
 9      "Malicious property damage" means intentional or knowing
 
10 damage to the property of another[,] person, without [his] the
 
11 person's consent, with an intent [to] thereby to cause emotional
 
12 distress.
 
13      "Family or household member" means spouses or reciprocal
 
14 beneficiaries, former spouses or former reciprocal beneficiaries,
 
15 persons who have a child in common, parents, children, persons
 
16 related by consanguinity, [and] persons jointly residing or
 
17 formerly residing in the same dwelling unit[.] and persons in or
 
18 formerly in a dating relationship.
 
19      [[]§586-2[]]  Court jurisdiction.  An application for relief
 
20 under this chapter may be filed in any family court in the
 
21 circuit in which the petitioner resides.  Actions under this
 
22 chapter shall be given docket priorities by the court.
 
23      §586-3  [Order for protection.] Protective order; petition
 

 


 

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 1 for order.  (a)  There shall exist an action known as a petition
 
 2 for [an] a protective order [for protection] in cases of domestic
 
 3 abuse.
 
 4      (b)  A petition for relief under this chapter may be made
 
 5 by:
 
 6      (1)  Any family or household [[]member[]] on [his or her]
 
 7           the member's own behalf or on behalf of a family or
 
 8           household member who is a minor, [or] who is
 
 9           incapacitated as defined in section 560:5-101(2), [or]
 
10           who is a dependent adult as defined in section 346-222,
 
11           or who is physically unable to go to the appropriate
 
12           place to complete or file the petition; or
 
13      (2)  Any state agency on behalf of a person who is a minor,
 
14           [or] who is incapacitated as defined in section
 
15           560:5-101(2), [or a person] who is a dependent adult as
 
16           defined in section 346-222, or who is physically unable
 
17           to go to the appropriate place to complete or file the
 
18           petition on behalf of that person.
 
19      (c)  A petition for relief shall[:] be in writing and upon
 
20 forms provided by the court[;] and shall allege, under penalty of
 
21 perjury, that [a]:
 
22      (1)  A past act or acts of abuse may have occurred[, that
 
23           the threats];
 

 
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 1      (2)  Threats of abuse make it probable that acts of abuse
 
 2           may be imminent[,]; or [that extreme]
 
 3      (3)  Extreme psychological abuse or malicious property
 
 4           damage is imminent[; and be accompanied by an affidavit
 
 5           made under oath or a statement made under penalty of
 
 6           perjury stating the specific facts and circumstances
 
 7           from which relief is sought].
 
 8      (d)  The family court shall designate an employee or
 
 9 appropriate nonjudicial agency to assist the person in completing
 
10 the petition.
 
11      §586-3.5  Determination by court of dating relationship;
 
12 written findings.  If the petitioner alleges to be a family or
 
13 household member on the basis that the petitioner is or was in a
 
14 dating relationship with the respondent, as defined in section
 
15 586-1, the court shall make a determination whether the petition
 
16 qualifies on this basis and shall include written findings in any
 
17 restraining or protective order issued under this chapter.  In
 
18 making this determination, the court shall consider the following
 
19 factors:
 
20      (1)  The nature of the relationship;
 
21      (2)  The length of time the relationship has existed;
 
22      (3)  If the relationship has terminated, the length of time
 
23           that has elapsed since the termination and the manner
 

 
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 1           in which the relationship was terminated; and
 
 2      (4)  The frequency of interaction between the parties.
 
 3      §586-4  Temporary restraining order.(a)  Upon petition to
 
 4 a family court judge, [a] an ex parte temporary restraining order
 
 5 may be granted [without notice] to the petitioner to restrain
 
 6 [either or both parties] the respondent from contacting,
 
 7 threatening, or physically abusing [each other,] the petitioner,
 
 8 notwithstanding that a complaint for annulment, divorce, or
 
 9 separation has not been filed.  The order may be granted to any
 
10 person who, at the time [such] the order is granted, is a family
 
11 or household member as defined in section 586-1 or who filed a
 
12 petition on behalf of a family or household member.  [The order
 
13 shall enjoin the respondent or person to be restrained from
 
14 performing any combination of the following acts:
 
15      (1)  Contacting, threatening, or physically abusing the
 
16           petitioner;
 
17      (2)  Contacting, threatening, or physically abusing any
 
18           person residing at the petitioner's residence;
 
19      (3)  Telephoning the petitioner;
 
20      (4)  Entering or visiting the petitioner's residence; or
 
21      (5)  Contacting, threatening, or physically abusing the
 
22           petitioner at work.]
 
23      (b)  The family court judge may issue the ex parte temporary
 

 
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 1 restraining order orally, if the person being restrained is
 
 2 present in court.  The order shall state that there is probable
 
 3 cause to believe that a past act or acts of abuse have occurred,
 
 4 or that threats of abuse make it probable that acts of abuse may
 
 5 be imminent.  The order further shall state that the temporary
 
 6 restraining order is necessary for the [purpose] purposes of:
 
 7 preventing acts of abuse or preventing a recurrence of actual
 
 8 domestic abuse[,]; and [assuring] ensuring a period of separation
 
 9 of the parties involved.  The order shall describe in reasonable
 
10 detail the act or acts sought to be restrained.  The order shall
 
11 enjoin the respondent from performing any combination of the
 
12 following acts:
 
13      (1)  Contacting, threatening, or physically abusing the
 
14           petitioner;
 
15      (2)  Contacting, threatening, or physically abusing any
 
16           family or household member of the petitioner's;
 
17      (3)  Communicating or attempting to communicate with the
 
18           petitioner in any manner, including but not limited to:
 
19           a written document, mail or other delivery service,
 
20           telecommunications system, facsimile, or electronic
 
21           mail transmission;
 
22      (4)  Entering or visiting the petitioner's residence; or
 
23      (5)  Contacting, threatening, or physically abusing the
 

 
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 1           petitioner at work.
 
 2      [Where] When necessary, the order may require [either or
 
 3 both of] the [parties involved] respondent to leave the premises
 
 4 during the period of the order[, and also may restrain the party
 
 5 or parties to whom it is directed from contacting, threatening,
 
 6 or physically abusing the applicant's family or household
 
 7 members].  The order shall not only be binding upon the [parties
 
 8 to the action,] respondent but also upon [their] the respondent's
 
 9 officers, agents, servants, employees, attorneys, or any other
 
10 persons in active concert or participation with [them.  The order
 
11 shall enjoin the respondent or person to be restrained from
 
12 performing any combination of the following acts:
 
13      (1)  Contacting, threatening, or physically abusing the
 
14           petitioner;
 
15      (2)  Contacting, threatening, or physically abusing any
 
16           person residing at the petitioner's residence;
 
17      (3)  Telephoning the petitioner;
 
18      (4)  Entering or visiting the petitioner's residence; or
 
19      (5)  Contacting, threatening, or physically abusing the
 
20           petitioner at work.] the respondent.
 
21      (c)  When a temporary restraining order is granted pursuant
 
22 to this chapter and the respondent or person to be restrained
 
23 knows of the order, a knowing or intentional violation of the
 

 
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 1 restraining order is a misdemeanor.  A person convicted under
 
 2 this section shall undergo domestic violence intervention at any
 
 3 available domestic violence program as ordered by the court.  The
 
 4 court additionally shall sentence a person convicted under this
 
 5 section as follows:
 
 6      (1)  For a first conviction for violation of the temporary
 
 7           restraining order, the person shall serve a mandatory
 
 8           minimum jail sentence of forty-eight hours and be fined
 
 9           not less than $150 nor more than $500; provided that
 
10           the court shall not sentence a defendant to pay a fine
 
11           unless the defendant is or will be able to pay the
 
12           fine; and
 
13      (2)  For the second and any subsequent conviction for
 
14           violation of the temporary restraining order, the
 
15           person shall serve a mandatory minimum jail sentence of
 
16           thirty days and be fined not less than $250 nor more
 
17           than $1,000; provided that the court shall not sentence
 
18           a defendant to pay a fine unless the defendant is or
 
19           will be able to pay the fine.
 
20      Upon conviction and sentencing of the defendant, the court
 
21 shall order that the defendant immediately be incarcerated to
 
22 serve the mandatory minimum sentence imposed; provided that the
 
23 defendant may be admitted to bail pending appeal pursuant to
 

 
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 1 chapter 804.  The court may stay the imposition of the sentence
 
 2 if special circumstances exist.
 
 3      The court may suspend any jail sentence, except for the
 
 4 mandatory sentences under paragraphs (1) and (2), upon condition
 
 5 that the defendant remain alcohol and drug-free, conviction-free,
 
 6 [or] and complete court-ordered assessments or intervention.
 
 7 Nothing in this section shall be construed as limiting the
 
 8 discretion of the judge to impose additional sanctions authorized
 
 9 in sentencing for a misdemeanor.
 
10      (d)  Any fines collected pursuant to subsection (c) shall be
 
11 deposited into the spouse and child abuse special account
 
12 established under section 601-3.6.
 
13      §586-5  Period of temporary restraining order; setting of
 
14 hearing.(a)  A temporary restraining order granted pursuant to
 
15 this chapter shall remain in effect, at the discretion of the
 
16 court, for a period not to exceed ninety days from the date the
 
17 order is granted.
 
18      (b)  On the earliest date that the business of the court
 
19 will permit, but no later than fifteen days from the date the
 
20 temporary restraining order is granted, the court, after [giving
 
21 due] notice to all parties, shall hold a hearing on the
 
22 application [requiring cause to be shown why the order should not
 
23 continue.], unless a continuance is granted for good cause.  In
 

 
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 1 the event that service has not been effected, the hearing need
 
 2 not be held and the court administratively may set a new date for
 
 3 the hearing; provided that the date shall not exceed ninety days
 
 4 from the date the temporary restraining order was granted[.  All
 
 5 parties shall be present at the hearing and may be represented by
 
 6 counsel.
 
 7      The protective order may include all orders stated in the
 
 8 temporary restraining order and may provide further relief, as
 
 9 the court deems necessary to prevent domestic abuse or a
 
10 recurrence of abuse, including orders establishing temporary
 
11 visitation with regard to minor children of the parties and
 
12 orders to either or both parties to participate in domestic
 
13 violence intervention.], and the court shall notify the
 
14 petitioner and the applicable police department charged with
 
15 service of the order of the new hearing date.
 
16      §586-5.5  Protective order; [additional] extension of
 
17 orders.(a)  If, after hearing all relevant evidence, the court
 
18 finds [that the respondent has failed to show cause why the order
 
19 should not be continued and] that a protective order is necessary
 
20 to prevent domestic abuse or a recurrence of abuse, the court may
 
21 order that a protective order be issued for [such further] a
 
22 period [as] of time the court deems appropriate, not to exceed
 
23 [three] five years from the date the protective order is granted.
 

 
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 1 The court shall make findings on the record with respect to
 
 2 whether the respondent was given reasonable notice and an
 
 3 opportunity to be heard and the order is necessary to prevent
 
 4 domestic abuse or a recurrence of abuse.  The findings shall be
 
 5 included in the protective order.
 
 6      The protective order may include all orders stated in the
 
 7 temporary restraining order and may provide for further relief as
 
 8 the court deems necessary to prevent domestic abuse or a
 
 9 recurrence of abuse, including orders establishing temporary
 
10 visitation and custody with regard to minor children of the
 
11 parties and orders to [either or both parties] the respondent to
 
12 participate in domestic violence intervention services.  On the
 
13 basis of written findings that it is in the best interest of the
 
14 minor child, the court may order a minor child of the parties to
 
15 participate in domestic violence intervention services that are
 
16 designed specifically for minor children.  If the court finds
 
17 that the party meets the requirements under section 334-59(a)(2),
 
18 the court [further] also may order that the party be taken to the
 
19 nearest facility for emergency examination and treatment.
 
20      (b)  A protective order may be extended for a period not to
 
21 exceed [three] ten years from the expiration of the preceding
 
22 protective order.  Upon application for an extension under this
 
23 section by a person or agency capable of petitioning under
 

 
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 1 section 586-3, the court shall hold a new hearing to determine
 
 2 whether the protective order should be extended.  In making a
 
 3 determination, the court shall consider evidence of abuse and
 
 4 threats of abuse that occurred prior to the initial restraining
 
 5 order and whether good cause exists to extend the protective
 
 6 order.  The court shall make findings on the record with respect
 
 7 to whether the respondent was given reasonable notice and an
 
 8 opportunity to be heard and the extended protective order is
 
 9 necessary to prevent domestic abuse or a recurrence of abuse.
 
10 The findings shall be included in the extended protective order.
 
11      The extended protective order may include all orders stated
 
12 in the preceding [restraining] protective order and may provide
 
13 [such] further relief as the court deems necessary to prevent
 
14 domestic abuse or a recurrence of abuse, including orders
 
15 establishing temporary visitation and custody with regard to
 
16 minor children of the parties and orders to [either or both
 
17 parties] the respondent to participate in domestic violence
 
18 intervention services.  The court may terminate the extended
 
19 protective order at any time with the mutual consent of the
 
20 parties.
 
21      (c)  There shall be no limit on the number of times a
 
22 protective order may be extended under this section, provided the
 
23 requirements of this section are met.
 

 
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 1      §586-5.6  Effective date[.]; form of order.  [The] (a)  A
 
 2 temporary restraining order shall be effective as of the date of
 
 3 signing and filing; provided that if a temporary restraining
 
 4 order is granted orally in the presence of all the parties and
 
 5 the court determines that each of the parties understands the
 
 6 order and its conditions, if any, [then] the order shall be
 
 7 effective as of the date it is orally stated on the record by the
 
 8 court until further order of the court.
 
 9      (b)  Protective orders orally stated by the court on the
 
10 record shall be effective as of the date of the hearing until
 
11 further order of the court; provided that all oral protective
 
12 orders shall be reduced to writing and issued [forthwith.]
 
13 immediately.
 
14      (c)  The judiciary shall provide forms [which will enable]
 
15 that shall be used by the court to issue immediately all
 
16 temporary restraining orders [forthwith.] and all protective
 
17 orders pursuant to this chapter.
 
18      §586-6  Service of order.  Any order issued under this
 
19 chapter shall either be personally served upon the respondent[,]
 
20 or be served by certified mail[, unless]; provided that if the
 
21 respondent was present at the hearing [in which case], the
 
22 respondent shall be deemed to have notice of the order.  [A filed
 
23 copy of each order issued under this chapter shall be served by
 

 
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 1 regular mail upon the chief of police of each county.]
 
 2      [[]§586-7[]]  Assistance of police in service or execution.
 
 3 When an order is issued under this chapter and upon request of
 
 4 the petitioner, the court may order the appropriate police
 
 5 department to [serve]:
 
 6      (1)  Serve the order and related documents upon respondent
 
 7           [and to accompany];
 
 8      (2)  Accompany the petitioner to the petitioner's dwelling
 
 9           or residence; and [assist in placing]
 
10      (3)  Take any lawful action necessary to place the
 
11           petitioner in possession of the dwelling or
 
12           residence[.], including ordering the respondent to
 
13           leave the premises.
 
14      [[]§586-8[]]  Right to apply for relief.(a)  A person's
 
15 right to apply for relief shall not be affected by the person's
 
16 leaving the residence or household to avoid abuse.
 
17      (b)  The court shall not require security or bond of any
 
18 party unless it deems [[]it[]] necessary in exceptional cases.
 
19      [[]§586-9[]]  Modification of order.  Upon application,
 
20 notice to all parties, and hearing, the court may modify the
 
21 terms of an existing protective order [for protection].
 
22      [[]§586-10[]]  Copy to law enforcement agency.(a)  [Upon
 
23 the request of the petitioner,] Within twenty-four hours of the
 

 
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 1 granting of any order for protection [granted] pursuant to this
 
 2 chapter [shall be forwarded by the clerk of], the court [within
 
 3 twenty-four hours] shall transmit a filed copy of the order to
 
 4 the appropriate county police department.
 
 5      (b)  Each county police department shall make available to
 
 6 other law enforcement officers in the same county, through a
 
 7 system for verification, information as to the existence and
 
 8 status of any order for protection issued pursuant to this
 
 9 chapter.
 
10      §586-10.5  Reports by the department of human services.  In
 
11 cases where there are allegations of domestic abuse involving a
 
12 [minor] family or household member[,] who is a minor or a person
 
13 who is incapacitated as defined in section 560:5-101(2) or who is
 
14 a dependent adult as defined in section 346-222, the employee or
 
15 appropriate nonjudicial agency designated by the family court to
 
16 assist the petitioner shall report the matter to the department
 
17 of human services, as required under [chapters] chapter 350 [and]
 
18 or 587[,] or section 346-222 as applicable, and shall further
 
19 notify the department of the granting of the temporary
 
20 restraining order and of the hearing date.  The department of
 
21 human services shall provide the family court with an oral or
 
22 written report of the investigation's progress on or before the
 
23 hearing date[.] and may intervene as a co-petitioner pursuant to
 

 
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 1 section 586-3(b)(2).
 
 2      §586-11  Violation of [an] protective order [for
 
 3 protection].(a)  Whenever [an] a protective order [for
 
 4 protection] is granted pursuant to this chapter, a respondent or
 
 5 person to be restrained who knowingly or intentionally violates
 
 6 the protective order [for protection] is guilty of a misdemeanor.
 
 7 A person convicted under this section shall undergo domestic
 
 8 violence intervention at any available domestic violence program
 
 9 as ordered by the court.  The court additionally shall sentence a
 
10 person convicted under this section as follows:
 
11     [(1)  For a first conviction for violation of the order for
 
12           protection:
 
13           (A)  That is in the nature of non-domestic abuse, the
 
14                person may be sentenced to a jail sentence of
 
15                forty-eight hours and be fined not more than $150;
 
16                provided that the court shall not sentence a
 
17                defendant to pay a fine unless the defendant is or
 
18                will be able to pay the fine;
 
19           (B)  That is in the nature of domestic abuse, the
 
20                person shall be sentenced to a mandatory minimum
 
21                jail sentence of not less than forty-eight hours
 
22                and be fined not less than $150 nor more than
 
23                $500; provided that the court shall not sentence a
 

 
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 1                defendant to pay a fine unless the defendant is or
 
 2                will be able to pay the fine;
 
 3      (2)  For a second conviction for violation of the order for
 
 4           protection:
 
 5           (A)  That is in the nature of non-domestic abuse, and
 
 6                occurs after a first conviction for violation of
 
 7                the same order that was in the nature of non-
 
 8                domestic abuse, the person shall be sentenced to a
 
 9                mandatory minimum jail sentence of not less than
 
10                forty-eight hours and be fined not more than $250;
 
11                provided that the court shall not sentence a
 
12                defendant to pay a fine unless the defendant is or
 
13                will be able to pay the fine;
 
14           (B)  That is in the nature of domestic abuse, and
 
15                occurs after a first conviction for violation of
 
16                the same order that was in the nature of domestic
 
17                abuse, the person shall be sentenced to a
 
18                mandatory minimum jail sentence of not less than
 
19                thirty days and be fined not less than $250 nor
 
20                more than $1,000; provided that the court shall
 
21                not sentence a defendant to pay a fine unless the
 
22                defendant is or will be able to pay the fine;
 
23           (C)  That is in the nature of non-domestic abuse, and
 

 
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 1                occurs after a first conviction for violation of
 
 2                the same order that was in the nature of domestic
 
 3                abuse, the person shall be sentenced to a
 
 4                mandatory minimum jail sentence of not less than
 
 5                forty-eight hours and be fined not more than $250;
 
 6                provided that the court shall not sentence a
 
 7                defendant to pay a fine unless the defendant is or
 
 8                will be able to pay the fine;
 
 9           (D)  That is in the nature of domestic abuse, and
 
10                occurs after a first conviction for violation of
 
11                the same order that is in the nature of non-
 
12                domestic abuse, the person shall be sentenced to a
 
13                mandatory minimum jail sentence of not less than
 
14                forty-eight hours and be fined not more than $150;
 
15                provided that the court shall not sentence a
 
16                defendant to pay a fine unless the defendant is or
 
17                will be able to pay the fine;
 
18      (3)  For any subsequent violation that occurs after a second
 
19           conviction for violation of the same order for
 
20           protection, the person shall be sentenced to a
 
21           mandatory minimum jail sentence of not less than thirty
 
22           days and be fined not less than $250 nor more than
 
23           $1,000; provided that the court shall not sentence a
 

 
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 1           defendant to pay a fine unless the defendant is or will
 
 2           be able to pay the fine.]
 
 3      (1)  For a first conviction for violation of the protective
 
 4           order, the person shall serve a mandatory minimum jail
 
 5           sentence of forty-eight hours but not more than thirty
 
 6           days and be fined not less than $150 nor more than
 
 7           $500; provided that the court shall not sentence a
 
 8           defendant to pay a fine unless the defendant is or will
 
 9           be able to pay the fine; and
 
10      (2)  For a second and any subsequent conviction for
 
11           violation of the protective order, the person shall
 
12           serve a mandatory minimum jail sentence of thirty days
 
13           and be fined not less than $250 nor more than $1,000;
 
14           provided that the court shall not sentence a defendant
 
15           to pay a fine unless the defendant is or will be able
 
16           to pay the fine.
 
17      Upon conviction and sentencing of the defendant, the court
 
18 shall order that the defendant immediately be incarcerated to
 
19 serve the mandatory minimum sentence imposed; provided that the
 
20 defendant may be admitted to bail pending appeal pursuant to
 
21 chapter 804.  The court may stay the imposition of the sentence
 
22 if special circumstances exist.
 
23      The court may suspend any jail sentence under [subparagraphs
 

 
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 1 (1)(A) and (2)(C),] paragraph (1), upon condition that the
 
 2 defendant remain alcohol and drug-free, conviction-free, [or] and
 
 3 complete any court-ordered assessments or intervention.  Nothing
 
 4 in this section shall be construed as limiting the discretion of
 
 5 the judge to impose additional sanctions authorized in sentencing
 
 6 for a misdemeanor offense.  All remedies for the enforcement of
 
 7 judgments shall apply to this chapter.
 
 8      (b)  Any fines collected pursuant to subsection (a) shall be
 
 9 deposited into the spouse and child abuse special account
 
10 established under section 601-3.6.
 
11                PART II.  FOREIGN PROTECTIVE ORDERS
 
12      §586-A  Foreign protective orders.  Any valid protective
 
13 order, as defined in 18 U.S.C. §2266, issued by a court or
 
14 tribunal of another state, tribe, or territory of the United
 
15 States shall be accorded full faith and credit by the courts of
 
16 this State and shall be enforced as if it were an order issued in
 
17 this State.
 
18      §586-B  Valid protective order.  (a)  A protective order
 
19 issued by another state, tribe, or territory shall be considered
 
20 valid if:
 
21      (1)  The issuing court or tribunal had jurisdiction over the
 
22           parties and matter under the laws of the state, tribe,
 
23           or territory; and
 

 
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 1      (2)  The respondent received notice and an opportunity to be
 
 2           heard before the foreign protective order was issued;
 
 3           provided that, in the case of an ex parte order, notice
 
 4           and opportunity to be heard were provided within a
 
 5           reasonable period of time, sufficient to protect the
 
 6           respondent's right to due process.
 
 7      (b)  Failure to provide reasonable notice and opportunity to
 
 8 be heard shall be an affirmative defense to any charge or process
 
 9 filed seeking enforcement of an out-of-state protective order.
 
10      §586-C  Filing of foreign protective order; not required.  A
 
11 certified copy of a foreign protective order, accompanied by a
 
12 sworn affidavit that the order remains in effect and has not been
 
13 vacated or modified, may be filed with the court; provided that
 
14 no filing fee shall be required.  Filing of a foreign protective
 
15 order with the court shall not be required for enforcement of the
 
16 foreign protective order in this State.
 
17      §586-D  Enforcement of foreign protective orders.  (a)  A
 
18 law enforcement officer shall enforce a foreign protective order
 
19 that appears to be authentic on its face.  For purposes of this
 
20 section, "authentic on its face" means the protective order
 
21 contains the names of both parties and remains in effect.
 
22      (b)  If a paper copy of the order is unavailable and the
 
23 officer verifies the existence and status of the order through a
 

 
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 1 national or state centralized registry for protective orders or
 
 2 through communication with appropriate authorities in the issuing
 
 3 state, tribe, or territory, the officer shall enforce the order.
 
 4      (c)  A law enforcement officer shall make an arrest for a
 
 5 violation of a foreign protective order in the same manner as for
 
 6 violations of protective order orders issued in this State.
 
 7      §586-E  Good faith immunity.  Any law enforcement officer
 
 8 acting in good faith shall be immune from civil or criminal
 
 9 liability in any action arising in connection with enforcement of
 
10 a valid foreign protective order pursuant to this part.
 
11      §586-F  Penalties.  Any violation of a foreign protective
 
12 order entitled to full faith and credit under this part is a
 
13 misdemeanor.  The court shall sentence a person convicted under
 
14 this section as follows:
 
15      (1)  For a first conviction for violation of the protective
 
16           order, the person shall serve a mandatory minimum jail
 
17           sentence of forty-eight hours but not more than thirty
 
18           days and be fined not less than $150 nor more than
 
19           $500; provided that the court shall not sentence a
 
20           defendant to pay a fine unless the defendant is or will
 
21           be able to pay the fine; and
 
22      (2)  For a second and any subsequent conviction for
 
23           violation of the protective order, the person shall
 

 
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 1           serve a mandatory minimum jail sentence of thirty days
 
 2           and be fined not less than $250 nor more than $1,000;
 
 3           provided that the court shall not sentence a defendant
 
 4           to pay a fine unless the defendant is or will be able
 
 5           to pay the fine.
 
 6 Upon conviction and sentencing of the defendant, the court shall
 
 7 order that the defendant immediately be incarcerated to serve the
 
 8 mandatory minimum sentence imposed; provided that the defendant
 
 9 may be admitted to bail pending appeal pursuant to chapter 804.
 
10 The court may stay the imposition of the sentence if special
 
11 circumstances exist."
 
12      SECTION 3.  Section 580-10, Hawaii Revised Statutes, is
 
13 amended by amending subsections (d) and (e) to read as follows:
 
14      "(d)  Whenever it is made to appear to the court after the
 
15 filing of any complaint, that there are reasonable grounds to
 
16 believe that a party [thereto] to the action may inflict
 
17 [physical] domestic abuse, as defined in section 586-1, upon[,
 
18 threaten by words or conduct, or harass] the other party, the
 
19 other party may petition the court, in the manner provided in
 
20 chapter 586, for an ex parte temporary restraining order and a
 
21 protective order.  The court may issue a temporary restraining
 
22 order [to prevent such physical abuse, threats, or harassment,
 
23 and shall enjoy in respect thereof the powers pertaining to a
 

 
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 1 court of equity.  Where necessary, the order may require either
 
 2 or both of the parties involved to leave the marital residence
 
 3 during the period of the order, and may also restrain the party
 
 4 to whom it is directed from contacting, threatening, or
 
 5 physically abusing the children or other relative of the spouse
 
 6 who may be residing with that spouse at the time of the granting
 
 7 of the restraining order.  The order may also restrain a party's
 
 8 agents, servants, employees, attorneys, or other persons in
 
 9 active concert or participation with the respective party.
 
10      (1)  A knowing or intentional violation of a restraining
 
11           order issued pursuant to this section is a misdemeanor.
 
12           A person convicted under this section shall undergo
 
13           domestic violence intervention at any available
 
14           domestic violence program as ordered by the court.  The
 
15           court additionally shall sentence a person convicted
 
16           under this section as follows:
 
17           (A)  For a first conviction for violation of the
 
18                restraining order, the person shall serve a
 
19                mandatory minimum jail sentence of forty-eight
 
20                hours and be fined not less than $150 nor more
 
21                than $500; provided that the court shall not
 
22                sentence a defendant to pay a fine unless the
 
23                defendant is or will be able to pay the fine; and
 

 
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 1           (B)  For the second and any subsequent conviction for
 
 2                violation of the restraining order, the person
 
 3                shall serve a mandatory minimum jail sentence of
 
 4                thirty days and be fined not less than $250 nor
 
 5                more than $1,000; provided that the court shall
 
 6                not sentence a defendant to pay a fine unless the
 
 7                defendant is or will be able to pay the fine.
 
 8                Upon conviction and sentencing of the defendant,
 
 9           the court shall order that the defendant immediately be
 
10           incarcerated to serve the mandatory minimum sentence
 
11           imposed; provided that the defendant may be admitted to
 
12           bail pending appeal pursuant to chapter 804.  The court
 
13           may stay the imposition of the sentence if special
 
14           circumstances exist.
 
15                The court may suspend any jail sentence, except
 
16           for the mandatory sentences under subparagraphs (A) and
 
17           (B), upon condition that the defendant remain alcohol
 
18           and drug-free, conviction-free or complete court-
 
19           ordered assessments or intervention.  Nothing in this
 
20           section shall be construed as limiting the discretion
 
21           of the judge to impose additional sanctions authorized
 
22           in sentencing for a misdemeanor offense.  All remedies
 
23           for the enforcement of judgments shall apply to this
 

 
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 1           section.
 
 2           (2)  Any law enforcement officer shall enforce a
 
 3                restraining order issued pursuant to this
 
 4                subsection, including lawfully ordering the
 
 5                restrained party to voluntarily leave for a three-
 
 6                hour cooling off period, or, with or without a
 
 7                warrant, where the law enforcement officer has
 
 8                reasonable grounds to believe that the restrained
 
 9                party has violated the restraining order,
 
10                arresting the restrained party.
 
11      (e)  Any fines collected pursuant to subsection (d) shall be
 
12 deposited into the spouse and child abuse special account
 
13 established under section 601-3.6.] or protective order in
 
14 compliance with the requirements of chapter 586.  These orders
 
15 shall have the force and effect of orders issued under, and shall
 
16 be enforced pursuant to, chapter 586."
 
17      SECTION 4.  In codifying the new sections added by section 2
 
18 of this Act, the revisor of statutes shall substitute appropriate
 
19 section numbers for the letters used in designating the new
 
20 sections in this Act.
 
21      SECTION 5.  This Act does not affect rights and duties that
 
22 matured, penalties that were incurred, and proceedings that were
 
23 begun, before its effective date.
 

 
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 1      SECTION 6.  Statutory material to be repealed is bracketed.
 
 2 New statutory material is underscored.
 
 3      SECTION 7.  This Act shall take effect upon its approval.