Report Title:

Domestic violence protection

Description:

Amends the offenses of Murder in the First Degree, Murder in the Second Degree, Assault in the Second Degree, and Terroristic Threatening in the First Degree to include conduct committed against victims who the courts and police are attempting to keep safe with protective orders. 

HOUSE OF REPRESENTATIVES	H.B. NO.	1257
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO THE PENAL CODE.

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

     SECTION 1.  This Act shall be known as the "Protect Victims of Domestic Violence Act."

     SECTION 2.  Section 707-701, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(1)  A person commits the offense of murder in the first degree if the person intentionally or knowingly causes the death of:

    (a)   More than one person in the same or separate incident;

    (b)   A law enforcement officer, judge, or prosecutor arising out of the performance of official duties;

    (c)   A person known by the defendant to be a witness in a criminal prosecution and the killing is related to the person's status as a witness;

    (d)   A person by a hired killer, in which event both the person hired and the person responsible for hiring the killer shall be punished under this section; [or]

     (e)  A person while the defendant was imprisoned[.];

(f) A person who the defendant has been restrained, by order of any court, including an ex parte order, from contacting, threatening, or physically abusing pursuant to chapter 586;

or

(g) A person who is being protected by a police officer ordering the defendant to leave the premises of that protected person pursuant to section 709-906(4), during the effective period of that order."

     SECTION 3.  Section 707-701.5, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(1)  A person commits the offense of murder in the second degree if:

(a)   Except as provided in section 707-701, [a person commits the offense of murder in the second degree if] the person intentionally or knowingly causes the death of another person[.]; or

(b)   The person recklessly causes the death of:

(i) A person who the defendant has been restrained, by order of any court, including an ex parte order, from contacting, threatening, or physically abusing pursuant to chapter 586; or

(ii) A person who is being protected by a police officer ordering the defendant to leave the premises of that protected person pursuant to section 709-906(4), during the effective period of that order."

     SECTION 4.  Section 707-711, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(1)  A person commits the offense of assault in the second degree if:

    (a)   The person intentionally or knowingly causes substantial bodily injury to another;

    (b)   The person recklessly causes serious or substantial bodily injury to another person;

    (c)   The person intentionally or knowingly causes bodily injury to a correctional worker, as defined in section 710-1031(2), who is engaged in the performance of duty or who is within a correctional facility;

    (d)   The person intentionally or knowingly causes bodily injury to another person with a dangerous instrument; [or]

    (e)   The person intentionally or knowingly causes bodily injury to an educational worker who is engaged in the performance of duty or who is within an educational facility.  For the purposes of this paragraph, "educational worker" means: any administrator, specialist, counselor, teacher, or employee of the department of education [[]or []] an employee of a charter school; a person who is a volunteer in a school program, activity, or function that is established, sanctioned, or approved by the department of education; or a person hired by the department of education on a contractual basis and engaged in carrying out an educational function[.]; or

(f) The person intentionally, knowingly, or recklessly causes bodily injury to:

(i) A person who the defendant has been restrained, by order of any court, including an ex parte order, from contacting, threatening, or physically abusing pursuant to chapter 586; or

(ii) A person who is being protected by a police officer ordering the defendant to leave the premises of that protected person pursuant to section 709-906(4), during the effective period of that order."

     SECTION 5.  Section 707-716 Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(1)  A person commits the offense of terroristic threatening in the first degree if the person commits terroristic threatening:

    (a)   By threatening another person on more than one occasion for the same or a similar purpose;

    (b)   By threats made in a common scheme against different persons;

    (c)   Against a public servant arising out of the performance of the public servant's official duties.  For the purposes of this paragraph, "public servant" includes but is not limited to an educational worker. "Educational worker" has the same meaning as defined in section 707-711; [or]

    (d)   With the use of a dangerous instrument[.]; or

(e) By threatening:

(i) A person who the defendant has been restrained, by order of any court, including an ex parte order, from contacting, threatening, or physically abusing pursuant to chapter 586; or

(ii) A person who is being protected by a police officer ordering the defendant to leave the premises of that protected person pursuant to section 709-906(4), during the effective period of that order."

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________
	BY REQUEST