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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1517 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 1 |
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A BILL FOR AN ACT
RELATING TO SENTENCING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 706-606.4, Hawaii Revised Statutes, is amended to read as follows:
"§706-606.4 Sentencing in enumerated
offenses [involving abuse of a family or household member] committed in
the presence of a minor. (1) In addition to the factors considered under
section 706-606, the court shall consider the following aggravating factors in
determining the particular sentence to be imposed:
(a) The defendant has been convicted of committing
or attempting to commit an offense [involving abuse of a family or household
member;
(b) The defendant is or has been a family
or household member of either a minor referred to in paragraph (c) or the
victim of the offense]; and
[(c)] (b) The offense contemporaneously
occurred in the presence of a minor.
(2) As used in this section:
["Family or household member" has
the same meaning as defined in section 709-906.]
"In the presence of a minor" means in the actual physical presence of a child or knowing that a child is present and may hear or see the offense.
"Offense" means a violation of section 707-710 (assault in the first degree), 707-711 (assault in the second degree), 707-730 (sexual assault in the first degree), 707-731 (sexual assault in the second degree), 707-732 (sexual assault in the third degree), or 709-906 (abuse of family or household members)."
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 Statutory material to be repealed is bracketed and stricken.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 7, 2059.
Report Title:
Criminal Sentencing; Certain Offenses Committed in the Presence of a Minor
Description:
Provides that the commission of certain offenses of assault, sexual assault, and abuse of a family or household member in the presence of a minor is an aggravating factor to be considered in the sentencing of the defendant convicted of the offense. Takes effect on 1/7/2059. (SD1)
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