THE SENATE	S.B. NO.	2939
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

A BILL FOR AN ACT

relating to temporary restraining orders.

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

     SECTION 1.  Section 604-10.5, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsection (a) to read:

     "(a)  For the purposes of this section:

     "Course of conduct" means a pattern of conduct composed of a series of acts over any period of time evidencing a continuity of purpose.

"Educational worker" has the same meaning as defined in section 707-711.

     "Harassment" means:

     (1)  Physical harm, bodily injury, assault, or the threat of imminent physical harm, bodily injury, or assault; [or]

     (2)  An intentional or knowing course of conduct directed at an individual that seriously alarms or disturbs consistently or continually bothers the individual, and that serves no legitimate purpose; provided that such course of conduct would cause a reasonable person to suffer emotional distress[.]; or

(3) A threat of physical harm, bodily injury, or assault against a public servant that arises out of the performance of the public servant's official duties.

"Public servant" includes but is not limited to a parole or probation officer, or an educational worker."

     2.  By amending subsection (c) to read:

     "(c)  Any person who has been subjected to harassment may petition the district court of the district in which the petitioner resides for a temporary restraining order and an injunction from further harassment.  A public servant seeking a temporary restraining order pursuant to paragraph (3) of the definition of "harassment" as set forth in subsection (a) shall be entitled to counsel during all phases of the temporary restraining order process, pursuant to section 28-4."

     3.  By amending subsection (f) to read:

     "(f)  A temporary restraining order that is granted under this section shall remain in effect at the discretion of the court for a period not to exceed ninety days from the date the order is granted.  A hearing on the petition to enjoin harassment shall be held within fifteen days after the temporary restraining order is granted.  [In the event that] If service of the temporary restraining order has not been effected before the date of the hearing on the petition to enjoin, the court may set a new date for the hearing; provided that the new date shall not exceed ninety days from the date the temporary restraining order was granted.

     The parties named in the petition may file or give oral responses explaining, excusing, justifying, or denying the alleged act or acts of harassment.  The court shall receive all evidence that is relevant at the hearing, and may make independent inquiry.

     If the court finds by clear and convincing evidence that harassment as defined in paragraph (1) or (3) of that definition exists, it may enjoin for no more than three years further harassment of the petitioner, or that harassment as defined in paragraph (2) of that definition exists, it shall enjoin for no more than three years further harassment of the petitioner; provided that this paragraph shall not prohibit the court from issuing other injunctions against the named parties even if the time to which the injunction applies exceeds a total of three years.

     Any order issued under this section shall be served upon the respondent.  For the purposes of this section, "served" shall mean actual personal service, service by certified mail, or proof that the respondent was present at the hearing in which the court orally issued the injunction.

     Where service of a restraining order or injunction has been made or where the respondent is deemed to have received notice of a restraining order or injunction order, any knowing or intentional violation of the restraining order or injunction order shall subject the respondent to the provisions in subsection (h).

     Any order issued shall be transmitted to the chief of police of the county in which the order is issued by way of regular mail, facsimile transmission, or other similar means of transmission."

     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 upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Temporary Restraining Orders; Protections for Public Servants

Description:

Adds physical threats against public servants arising out of the performance of the public duties of the public servant under the definition of "harassment" that would be subject to a temporary restraining order.  Requires Attorney General to provide advice and counsel to any public servant seeking a temporary restraining order in response to the foregoing conduct.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.