HOUSE OF REPRESENTATIVES

H.B. NO.

249

TWENTY-SEVENTH LEGISLATURE, 2013

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO DOMESTIC ABUSE.

 

 

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

 

     SECTION 1.  Section 586-4, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

     "(e)  When a temporary restraining order is granted and the respondent or person to be restrained knows of the order, a knowing or intentional violation of the restraining order is a misdemeanor.  A person convicted under this [section] subsection shall undergo domestic violence intervention at any available domestic violence program as ordered by the court.  The court additionally shall sentence a person convicted under this [section] subsection as follows:

     (1)  Except as provided in paragraph (2), for a first conviction for a violation of the temporary restraining order, the person shall serve a mandatory minimum jail sentence of forty-eight hours and be fined not less than $150 nor more than $500; provided that the court shall not sentence a [defendant] convicted person to pay a fine unless the [defendant] convicted person is or will be able to pay the fine;

     (2)  For a first conviction for a violation of the temporary restraining order, if the person has a prior conviction for any of the following felonies:

         (A)  Section 707-701 relating to murder in the first degree;

         (B)  Section 707-701.5 relating to murder in the second degree;

         (C)  Section 707-710 relating to assault in the first degree;

         (D)  Section 707-711 relating to assault in the second degree;

         (E)  Section 707-720 relating to kidnapping;

         (F)  Section 707-721 relating to unlawful imprisonment in the first degree;

         (G)  Section 707-730 relating to sexual assault in the first degree;

         (H)  Section 707-731 relating to sexual assault in the second degree;

         (I)  Section 707-732 relating to sexual assault in the third degree;

         (J)  Section 707-733.6 relating to continuous sexual assault of a minor under the age of fourteen years;

         (K)  Section 707-750 relating to promoting child abuse in the first degree;

         (L)  Section 708-810 relating to burglary in the first degree;

         (M)  Section 708-811 relating to burglary in the second degree;

         (N)  Section 709-906 relating to abuse of family or household members; or

         (O)  Section 711-1106.4 relating to aggravated harassment by stalking;

          and if any of these offenses has been committed against a family or household member as defined in section 586-1, the person shall serve a mandatory minimum term of imprisonment of fifteen days and be fined not less than $150 nor more than $600; provided that the court shall not sentence a [defendant] convicted person to pay a fine unless the [defendant] convicted person is or will be able to pay the fine; and

     (3)  For the second and any subsequent conviction for a violation of the temporary restraining order, the person shall serve a mandatory minimum jail sentence of thirty days and be fined not less than $250 nor more than $1,000; provided that the court shall not sentence a [defendant] convicted person to pay a fine unless the [defendant] convicted person is or will be able to pay the fine.

     Upon conviction and sentencing of the [defendant,] convicted person, the court shall order that the [defendant] convicted person immediately be incarcerated to serve the mandatory minimum sentence imposed; provided that the [defendant] convicted person may be admitted to bail pending appeal pursuant to chapter 804.  The court may stay the imposition of the sentence if special circumstances exist.

     The court may suspend any jail sentence, except for the mandatory sentences under paragraphs (1), (2), and (3) upon condition that the [defendant] convicted person remain alcohol and drug-free, conviction-free, or complete court-ordered assessments or intervention.  Nothing in this [section] subsection shall be construed as limiting the discretion of the judge to impose additional sanctions authorized in sentencing for a misdemeanor.

     If the court finds that the convicted person has knowledge of the location of any protected party's residence, place of employment, or school, in addition to any other penalties provided in this subsection, the court, as a condition of probation, may prohibit contact with the protected party through the establishment of court-defined geographic exclusion zones, including the areas in and around the protected party's residence, place of employment, or school, and order that the convicted person wear a global positioning satellite tracking device designed to transmit and record the convicted person's location data.  If the convicted person enters a court-defined geographic exclusion zone, the convicted person's location data may be transmitted to the protected party and to the police through any appropriate means, including the telephone, an electronic beeper, or a paging device.  The global positioning satellite tracking device and its tracking shall be administered by the court.  If a court finds that the convicted person has entered a court-defined geographic exclusion zone, the court shall revoke the probation and the convicted person shall be fined, imprisoned, or both, as provided in this subsection.  Based on the convicted person's ability to pay, the court may also order the convicted person to pay the monthly costs or portion thereof for monitoring by the global positioning satellite tracking system."

     SECTION 2.  Section 586-11, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Whenever an order for protection is granted pursuant to this chapter, a respondent or person to be restrained who knowingly or intentionally violates the order for protection is guilty of a misdemeanor.  A person convicted under this [section] subsection shall undergo domestic violence intervention at any available domestic violence program as ordered by the court.  The court additionally shall sentence a person convicted under this [section] subsection as follows:

     (1)  For a first conviction for violation of the order for protection:

         (A)  That is in the nature of non-domestic abuse, the person may be sentenced to a jail sentence of forty-eight hours and be fined not more than $150; provided that the court shall not sentence a [defendant] convicted person to pay a fine unless the [defendant] convicted person is or will be able to pay the fine;

         (B)  That is in the nature of domestic abuse, the person shall be sentenced to a mandatory minimum jail sentence of not less than forty-eight hours and be fined not less than $150 nor more than $500; provided that the court shall not sentence a [defendant] convicted person to pay a fine unless the [defendant] convicted person is or will be able to pay the fine;

     (2)  For a second conviction for violation of the order for protection:

         (A)  That is in the nature of non-domestic abuse, and occurs after a first conviction for violation of the same order that was in the nature of non-domestic abuse, the person shall be sentenced to a mandatory minimum jail sentence of not less than forty-eight hours and be fined not more than $250; provided that the court shall not sentence a [defendant] convicted person to pay a fine unless the [defendant] convicted person is or will be able to pay the fine;

         (B)  That is in the nature of domestic abuse, and occurs after a first conviction for violation of the same order that was in the nature of domestic abuse, the person shall be sentenced to a mandatory minimum jail sentence of not less than thirty days and be fined not less than $250 nor more than $1,000; provided that the court shall not sentence a [defendant] convicted person to pay a fine unless the [defendant] convicted person is or will be able to pay the fine;

         (C)  That is in the nature of non-domestic abuse, and occurs after a first conviction for violation of the same order that was in the nature of domestic abuse, the person shall be sentenced to a mandatory minimum jail sentence of not less than forty-eight hours and be fined not more than $250; provided that the court shall not sentence a [defendant] convicted person to pay a fine unless the [defendant] convicted person is or will be able to pay the fine;

         (D)  That is in the nature of domestic abuse, and occurs after a first conviction for violation of the same order that is in the nature of non-domestic abuse, the person shall be sentenced to a mandatory minimum jail sentence of not less than forty-eight hours and be fined not more than $150; provided that the court shall not sentence a [defendant] convicted person to pay a fine unless the [defendant] convicted person is or will be able to pay the fine;

     (3)  For any subsequent violation that occurs after a second conviction for violation of the same order for protection, the person shall be sentenced to a mandatory minimum jail sentence of not less than thirty days and be fined not less than $250 nor more than $1,000; provided that the court shall not sentence a [defendant] convicted person to pay a fine unless the [defendant] convicted person is or will be able to pay the fine.

     Upon conviction and sentencing of the [defendant,] convicted person, the court shall order that the [defendant] convicted person immediately be incarcerated to serve the mandatory minimum sentence imposed; provided that the [defendant] convicted person may be admitted to bail pending appeal pursuant to chapter 804.  The court may stay the imposition of the sentence if special circumstances exist.

     The court may suspend any jail sentence under [subparagraphs] paragraphs (1)(A) and (2)(C), upon condition that the [defendant] convicted person remain alcohol and drug-free, conviction-free, or complete court-ordered assessments or intervention.  Nothing in this [section] subsection shall be construed as limiting the discretion of the judge to impose additional sanctions authorized in sentencing for a misdemeanor offense.  All remedies for the enforcement of judgments shall apply to this chapter.

     If the court finds that the convicted person has knowledge of the location of any protected party's residence, place of employment, or school, in addition to any other penalties provided in this subsection, the court, as a condition of probation, may prohibit contact with the protected party through the establishment of court-defined geographic exclusion zones, including the areas in and around the protected party's residence, place of employment, or school, and order that the convicted person wear a global positioning satellite tracking device designed to transmit and record the convicted person's location data.  If the convicted person enters a court-defined geographic exclusion zone, the convicted person's location data may be transmitted to the protected party and to the police through any appropriate means, including the telephone, an electronic beeper, or a paging device.  The global positioning satellite tracking device and its tracking shall be administered by the court.  If a court finds that the convicted person has entered a court-defined geographic exclusion zone, the court shall revoke the probation and the convicted person shall be fined, imprisoned, or both, as provided in this subsection.  Based on the convicted person's ability to pay, the court may also order the convicted person to pay the monthly costs or portion thereof for monitoring by the global positioning satellite tracking system."

     SECTION 3.  The judiciary shall implement the provisions relating to global positioning satellite tracking devices under sections 1 and 2 of this Act within one year of the effective date of this Act.

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.
     SECTION 6.  This Act shall take effect on July 1, 2013; provided that on July 1, 2015, this Act shall be repealed and sections 586-4(e) and 586-11(a), Hawaii Revised Statutes, shall be reenacted in the form in which they read on the day before the effective date of this Act.

 

INTRODUCED BY:

_____________________________

 

 

 

 

Report Title:

Domestic Abuse; Protective Order Violations; Electronic Monitoring

 

Description:

Authorizes, as a condition of probation, electronic monitoring of persons convicted of violating a domestic abuse temporary restraining order or protective order.  Effective 7/1/13.  Sunsets 7/1/15.

 

 

 

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