REPORT TITLE:
Domestic Violence 


DESCRIPTION:
Amends definition of family or household member to include
persons with a dating history and creates enhanced penalty
classification for repeat offenses against family or household
member. (SB599 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        599
THE SENATE                              S.B. NO.           S.D.1
TWENTIETH LEGISLATURE, 1999                                H.D. 1
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 domestic violence
 
 2 among teenagers is one of the fastest growing types of domestic
 
 3 abuse in the nation.  It is estimated that as many as one-third
 
 4 of all high school and college age individuals may now experience
 
 5 some form of violence in an intimate or dating relationship.  The
 
 6 legislature further finds that teens often fail to recognize that
 
 7 they are the victims of emotional and verbal abuse, which in many
 
 8 cases are the precursors to physical violence.  Even when they
 
 9 understand what is happening, teenagers are reluctant to come
 
10 forward to ask for the necessary help and support from trained
 
11 professionals.
 
12      In addition, the legislature realizes that abusers who
 
13 clearly have a relationship with their victims, but have not
 
14 resided with them, escape the penalties of section 709-906, abuse
 
15 of family and household member, and may only be prosecuted under
 
16 section 707-712, assault in the third degree.  Although both are
 
17 misdemeanors, the sentencing guidelines for abuse of family and
 
18 household member are more severe, including mandatory jail time.
 
19 However, the legislature recognizes that it is the dynamics of
 
20 the relationship, and not the physical living situation, that is
 

 
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 1 the controlling factor in responding to domestic violence
 
 2 disputes.
 
 3      The legislature believes that holding abusers accountable
 
 4 for their actions is the key to keeping domestic violence victims
 
 5 safe.  Thus, the purpose of this Act is to expand the scope and
 
 6 penalties of the current domestic abuse laws by:
 
 7      (1)  Expanding the current statutory definition of "family
 
 8           and household member" to include persons involved in a
 
 9           dating relationship, which will cast a broader net in
 
10           determining who is affected by and in need of
 
11           protection from domestic abuse; and
 
12      (2)  Creating enhanced penalties for certain repeat
 
13           convictions against family and household members.
 
14      SECTION 2.  Section 586-1, Hawaii Revised Statutes, is
 
15 amended as follows:
 
16      1.  By adding a new definition to be appropriately inserted
 
17 and to read:
 
18      ""Dating relationship" means a frequent intimate association
 
19 with another person, primarily characterized by the expectation
 
20 of affectional or sexual involvement.  Factors the court may
 
21 consider in making a determination if a dating relationship
 
22 exists, or previously existed, include:
 
23      (1)  The length of time that the relationship has existed;
 

 
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 1      (2)  The nature of the relationship; and
 
 2      (3)  The frequency of interaction between the parties.
 
 3 Neither a casual relationship nor ordinary fraternization between
 
 4 persons in a business or social context shall constitute a dating
 
 5 relationship."
 
 6      2.  By amending the definition of "family or household
 
 7 member" to read:
 
 8      ""Family or household member" means spouses or reciprocal
 
 9 beneficiaries, former spouses or former reciprocal beneficiaries,
 
10 persons who have a child in common, parents, children, persons
 
11 related by consanguinity, [and] persons jointly residing or
 
12 formerly residing in the same dwelling unit[.], and persons who
 
13 have or have had a dating relationship."
 
14      SECTION 3.  Section 709-906, Hawaii Revised Statutes, is
 
15 amended as follows:
 
16      1.  By amending subsection (1) to read:
 
17      "(1)  It shall be unlawful for any person, singly or in
 
18 concert, to physically abuse a family or household member or to
 
19 refuse compliance with the lawful order of a police officer under
 
20 subsection (4).  The police, in investigating any complaint of
 
21 abuse of a family or household member, upon request, may
 
22 transport the abused person to a hospital or safe shelter.
 

 
 
 
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 1      For the purposes of this section, "family or household
 
 2 member" means spouses or reciprocal beneficiaries, former spouses
 
 3 or reciprocal beneficiaries, persons who have a child in common,
 
 4 parents, children, persons related by consanguinity, [and]
 
 5 persons jointly residing or formerly residing in the same
 
 6 dwelling unit[.], and persons who have or have had a dating
 
 7 relationship.
 
 8      For the purposes of this section, "dating relationship"
 
 9 means a frequent intimate association with another person,
 
10 primarily characterized by the expectation of affectional or
 
11 sexual involvement.  Factors the court may consider in making a
 
12 determination if a dating relationship exists, or previously
 
13 existed, include:
 
14      (a)  The length of time that the relationship has existed;
 
15      (b)  The nature of the relationship; and
 
16      (c)  The frequency of interaction between the parties.
 
17 Neither a casual relationship nor ordinary fraternization between
 
18 persons in a business or social context shall constitute a dating
 
19 relationship."
 
20      2.  By amending subsection (5) to read:
 
21      "(5)  Abuse of a family or household member and refusal to
 
22 comply with the lawful order of a police officer under subsection
 
23 (4) are misdemeanors and the person shall be sentenced as
 
24 follows:
 

 
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 1      (a)  [For] Except as provided in subsection (7), for the
 
 2           first [offense] conviction of abuse of a family or
 
 3           household member, the person shall serve a minimum jail
 
 4           sentence of forty-eight hours; and
 
 5      (b)  [For a second offense and any other subsequent offense
 
 6           that occurs within one year of the previous offense,]
 
 7           Except as provided in subsection (7), for a second
 
 8           conviction for abuse of a family or household member,
 
 9           the person shall be termed a "repeat offender" and
 
10           serve a minimum jail sentence of thirty days.
 
11 Upon conviction and sentencing of the defendant, the court shall
 
12 order that the defendant immediately be incarcerated to serve the
 
13 mandatory minimum sentence imposed; provided that the defendant
 
14 may be admitted to bail pending appeal pursuant to chapter 804.
 
15 The court may stay the imposition of the sentence if special
 
16 circumstances exist."
 
17      3.  By amending subsection (7) to read:
 
18      "(7)  [For any subsequent offense occurring within two years
 
19 after a second misdemeanor conviction, the person shall be
 
20 charged with] Any conviction of abuse of a family or household
 
21 member committed subsequent to a second conviction for abuse of
 
22 family or household member is a class C felony.  In addition, any
 
23 conviction of abuse of a family or household member committed
 
24 subsequent to any two prior convictions for:
 

 
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 1      (a)  Assault in the first degree;
 
 2      (b)  Assault in the second degree;
 
 3      (c)  Assault in the third degree;
 
 4      (d)  Abuse of a family or household member;
 
 5      (e)  Terroristic threatening in the first degree;
 
 6      (f)  Terroristic threatening in the second degree; or
 
 7      (g)  Kidnapping;
 
 8 involving the same family or household member is a class C
 
 9 felony."
 
10      SECTION 4.  This Act does not affect rights and duties that
 
11 matured, penalties that were incurred, and proceedings that were
 
12 begun, before its effective date.
 
13      SECTION 5.  Statutory material to be repealed is bracketed.
 
14 New statutory material is underscored.
 
15      SECTION 6.  This Act shall take effect upon its approval.