Report Title:

Temporary Restraining Orders

Description:

Requires temporary restraining orders issued by district court to apply to both the petitioner and the respondent.  Establishes the "clear and convincing" evidentiary threshold for conviction.

HOUSE OF REPRESENTATIVES	H.B. NO.	380
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

relating to harassment.

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

     SECTION 1.  Section 604-10.5, Hawaii Revised Statutes, is amended by amending subsection (h) to read as follows:

     "(h)  A knowing or intentional violation of a restraining order or injunction issued pursuant to this section is a misdemeanor.  [The] If the court finds by clear and convincing evidence that a restraining order or injunction issued pursuant to this section was knowingly or intentionally violated by either party, the court shall sentence [a] the violator to appropriate counseling and shall sentence [a] the person convicted under this section as follows:

     (1)  For a violation of an injunction or restraining order that occurs after a conviction for a violation of the same injunction or restraining order, a violator shall be sentenced to a mandatory minimum jail sentence of not less than forty-eight hours; and

     (2)  For any subsequent violation that occurs after a second conviction for violation of the same injunction or restraining order, the person shall be sentenced to a mandatory minimum jail sentence of not less than thirty days.

     The court may suspend any jail sentence, except for the mandatory sentences under paragraphs (1) and (2), upon appropriate conditions, such as that the defendant remain alcohol and drug-free, conviction-free, or complete court-ordered assessments or counseling.  The court may suspend the mandatory sentences under paragraphs (1) and (2) where the violation of the injunction or restraining order does not involve violence or the threat of violence.  Nothing in this section shall be construed as limiting the discretion of the judge to impose additional sanctions authorized in sentencing for a misdemeanor offense."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on January 1, 2010.

INTRODUCED BY:

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