REPORT TITLE:
TRO's; Fees


DESCRIPTION:
Defines good cause for consideration by the court in determining
whether persons under TRO's may possess firearms and ammunition;
increases fee for penal summons.  (CD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        889
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                H.D. 1
STATE OF HAWAII                                            C.D. 1
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO THE JUDICIARY.
 


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

 1                              Part I.
 
 2      SECTION 1.  Section 134-7, Hawaii Revised Statutes, is
 
 3 amended by amending subsection (f) to read as follows:
 
 4      "(f)  No person who has been restrained pursuant to an order
 
 5 of any court, including an ex parte order as provided [for
 
 6 herein,] in this subsection, from contacting, threatening, or
 
 7 physically abusing any person, shall possess or control any
 
 8 firearm or ammunition therefor, so long as the protective order
 
 9 or any extension [thereof] is in effect, unless the order, for
 
10 good cause shown, specifically permits the possession of a
 
11 firearm and ammunition.  The restraining order or order of
 
12 protection shall specifically include a statement that possession
 
13 or control of a firearm or ammunition by the person named in the
 
14 order is prohibited.  Such person shall relinquish possession and
 
15 control of any firearm and ammunition owned by that person to the
 
16 police department of the appropriate county for safekeeping for
 
17 the duration of the order or extension thereof.  In the case of
 
18 an ex parte order, the affidavit or statement under oath [which]
 
19 that forms the basis for the order shall contain a statement of
 

 
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 1 the facts [which] that support a finding that the person to be
 
 2 restrained owns, intends to obtain, or possesses a firearm, and
 
 3 that the firearm may be used to threaten, injure, or abuse any
 
 4 person.  The ex parte order shall be effective upon service
 
 5 pursuant to section 586-6.  At the time of service of a
 
 6 restraining order involving firearms and ammunition issued by any
 
 7 court, the police officer may take custody of any and all
 
 8 firearms and ammunition in plain sight, those discovered pursuant
 
 9 to a consensual search, and those firearms surrendered by the
 
10 person restrained.  If the person restrained is the registered
 
11 owner of a firearm and knows the location of the firearm but
 
12 refuses to surrender the firearm or refuses to disclose the
 
13 location of the firearm, the person restrained shall be guilty of
 
14 a misdemeanor.  In any case, when a police officer is unable to
 
15 locate the firearms and ammunition either registered under this
 
16 chapter or known to the person granted protection by the court,
 
17 the police officer shall apply to the court for a search warrant
 
18 pursuant to chapter 803 for the limited purpose of seizing the
 
19 firearm and ammunition.
 
20      For the purposes of this subsection, good cause shall not be
 
21 based solely upon the consideration that the person subject to
 
22 restraint pursuant to an order of any court, including an ex
 
23 parte order as provided for in this subsection, is required to
 

 
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 1 possess or carry firearms or ammunition during the course of
 
 2 their employment.  Good cause consideration may include, but not
 
 3 be limited to, the protection and safety of the person to whom a
 
 4 restraining order is granted."
 
 5      SECTION 2.  Section 134-11, Hawaii Revised Statutes, is
 
 6 amended by amending subsection (b) to read as follows: 
 
 7      "(b)  Sections 134-2 and 134-3 shall not apply to such
 
 8 firearms or ammunition that are a part of the official equipment
 
 9 of any federal agency.  [Section 134-7(f) shall not apply when
 
10 the persons described in subsection (a) are on duty if those
 
11 duties require them to be armed.]"
 
12                             Part II.
 
13      SECTION 3.  Section 291C-161, Hawaii Revised Statutes, is
 
14 amended by amending subsection (d) to read as follows:
 
15      "(d)  The court may assess a sum not to exceed [$25] $50 for
 
16 the cost of issuing a penal summons upon any person who fails to
 
17 appear at the place within the time specified in the citation
 
18 issued to the person for any traffic violation."
 
19      SECTION 4.  This Act does not affect rights and duties that
 
20 matured, penalties that were incurred, and proceedings that were
 
21 begun, before its effective date.
 

 
 
 
 
 
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                                                        H.D. 1
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 1      SECTION 5.  Statutory material to be repealed is bracketed.
 
 2 New statutory material is underscored.
 
 3      SECTION 6. This Act shall take effect upon its approval.