REPORT TITLE:
Abuse Family/Household Member


DESCRIPTION:
Creates 3 classifications of offense of abuse of family or
household member:  class C felony, misdemeanor, and petty
misdemeanor. (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2297
HOUSE OF REPRESENTATIVES                H.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO FAMILY OR HOUSEHOLD MEMBER ABUSE.



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

 1      SECTION 1.  Chapter 709, Hawaii Revised Statutes, is amended
 
 2 by adding a new part to be appropriately designated and to read
 
 3 as follows:
 
 4           "PART  .  ABUSE OF FAMILY OR HOUSEHOLD MEMBER
 
 5      §709-A  Definition.  For the purposes of this part:
 
 6      "Dangerous instrument" has the same meaning as provided in
 
 7 section 707-700.
 
 8      "Family or household member" means spouses or reciprocal
 
 9 beneficiaries, former spouses or reciprocal beneficiaries,
 
10 persons who have a child in common, parents, children, persons
 
11 related by consanguinity, and persons jointly residing or
 
12 formerly residing in the same dwelling unit.
 
13      "Serious bodily injury" and "substantial bodily injury" have
 
14 the same meanings as provided in section 707-700.
 
15      "Terroristic threatening" has the same meaning as provided
 
16 in section 707-715(1).
 
17      §709-B  Abuse of family or household member in the first
 
18 degree.(1)  A person commits the offense of abuse of family or
 
19 household member in the first degree if:
 
20      (a)  The person:
 

 
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 1           (i)  Intentionally or knowingly causes substantial
 
 2                bodily injury;
 
 3          (ii)  Recklessly causes serious bodily injury; or
 
 4         (iii)  Intentionally or knowingly causes bodily injury,
 
 5                with a dangerous instrument,
 
 6           to a family or household member;
 
 7      (b)  The person commits terroristic threatening by
 
 8           threatening a family or household member:
 
 9           (i)  By word or conduct on more than one occasion for
 
10                the same or a similar purpose; or
 
11          (ii)  Using a dangerous instrument;
 
12           or
 
13      (c)  The person commits an offense of abuse of family or
 
14           household member in the second degree within five years
 
15           of having been convicted of any combination of two or
 
16           more prior offenses, in this State or any other state
 
17           or federal jurisdiction, that are comparable to:
 
18           (i)  An offense of abuse of family or household member
 
19                in the first degree under this section;
 
20          (ii)  An offense of abuse of family or household member
 
21                in the second degree under section 709-C; or
 
22         (iii)  An offense of abuse of family or household member
 
23                under section 709-906 as it was in effect on
 
24                June 30, 2000.
 

 
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 1      (2)  Abuse of family or household member in the first degree
 
 2 is a class C felony.
 
 3      (3)  Any person violating this section shall be sentenced to
 
 4 a mandatory minimum jail term of ninety days.
 
 5      (4)  Upon conviction and sentencing of the defendant, the
 
 6 court shall order that the defendant immediately be incarcerated
 
 7 to serve the mandatory minimum sentence imposed; provided that
 
 8 the defendant may be admitted to bail pending appeal pursuant to
 
 9 chapter 804.  The court may stay the imposition of the sentence
 
10 if special circumstances exist.
 
11      §709-C  Abuse of family or household member in the second
 
12 degree.(1)  A person commits the offense of abuse of family or
 
13 household member in the second degree if:
 
14      (a)  The person:
 
15           (i)  Intentionally, knowingly, or recklessly causes
 
16                bodily injury to a family or household member; or
 
17          (ii)  Negligently causes bodily injury, with a dangerous
 
18                instrument, to a family or household member;
 
19      (b)  The person commits terroristic threatening by
 
20           threatening a family or household member other than as
 
21           provided under section 709-B(1)(b); or
 
22      (c)  The person, with intent to harass, annoy, or alarm a
 
23           family or household member, or in reckless disregard of
 

 
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 1           the risk thereof, pursues or conducts surveillance upon
 
 2           the family or household member:
 
 3           (i)  Without legitimate purpose;
 
 4          (ii)  On more than one occasion for the same or a
 
 5                similar purpose; and
 
 6         (iii)  Under circumstances that would cause the family or
 
 7                household member to reasonably believe the actor
 
 8                intends to cause either bodily injury to the
 
 9                family or household member or another or damage to
 
10                the property of the family or household member or
 
11                another.
 
12      (2)  Except as provided in section 709-B(1)(c), abuse of
 
13 family or household member in the second degree is a misdemeanor.
 
14      (3)  Any person violating this section shall be sentenced as
 
15 follows:
 
16      (a)  For a first offense or any offense not preceded within:
 
17           (i)  A five year period by a conviction for abuse of
 
18                family or household member under section 709-
 
19                B(1)(c); or
 
20           (ii) A two year period of conviction for abuse of
 
21                family or household member under this section,
 
22           the person shall serve a minimum jail term of forty-
 
23           eight hours; and
 

 
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 1      (b)  For a second offense or any offense not preceded
 
 2           within:
 
 3           (i)  A five year period by a conviction for abuse of
 
 4                family or household member under section 709-
 
 5                B(1)(c); or
 
 6           (ii) A two year period by a conviction for abuse of
 
 7                family or household member under this section,
 
 8           the person shall serve a minimum jail term of thirty
 
 9           days.
 
10      (4)  Upon conviction and sentencing of the defendant, the
 
11 court shall order that the defendant immediately be incarcerated
 
12 to serve the mandatory minimum sentence imposed; provided that
 
13 the defendant may be admitted to bail pending appeal pursuant to
 
14 chapter 804.  The court may stay the imposition of the sentence
 
15 if special circumstances exist.
 
16      §709-D  Abuse of family or household member in the third
 
17 degree.(1)  A person commits the offense of abuse of family or
 
18 household member in the third degree if the person:
 
19      (a)  With intent to harass, annoy, or alarm a family or
 
20           household member:
 
21           (i)  Strikes, shoves, kicks, or otherwise touches the
 
22                family or household member in an offensive manner
 
23                or subjects the family or household member to
 

 
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 1                offensive physical contact;
 
 2          (ii)  Insults, taunts, or challenges a family or
 
 3                household member in a manner likely to provoke an
 
 4                immediate violent response or that would cause the
 
 5                family or household member to reasonably believe
 
 6                that the actor intends to cause either bodily
 
 7                injury to the family or household member or
 
 8                another or damage to the property of the family or
 
 9                household member or another;
 
10         (iii)  Repeatedly makes telephone calls, facsimile, or
 
11                electronic mail transmissions to a family or
 
12                household member without purpose of legitimate
 
13                communication;
 
14          (iv)  Repeatedly makes a communication to a family or
 
15                household member anonymously or at an extremely
 
16                inconvenient hour;
 
17           (v)  Repeatedly makes communications, after being
 
18                advised by the family or household member to whom
 
19                the communication is directed that further
 
20                communication is unwelcome; or
 
21          (vi)  Makes a communication to a family or household
 
22                member using offensively coarse language that
 
23                would cause the family or household member to
 

 
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 1                reasonably believe that the actor intends to cause
 
 2                either bodily injury to the family or household
 
 3                member or another or damage to the property of the
 
 4                family or household member or another; 
 
 5      (b)  With intent to harass, annoy, or alarm a family or
 
 6           household member, or in reckless disregard of the risk
 
 7           thereof, pursues or conducts surveillance upon the
 
 8           family or household member:
 
 9           (i)  Without legitimate purpose; and
 
10          (ii)  Under circumstances that would cause the family or
 
11                household member to reasonably believe the actor
 
12                intends to cause either bodily injury to the
 
13                family or household member or another or damage to
 
14                the property of the family or household member or
 
15                another; or
 
16      (c)  Intentionally impedes or hinders a family or household
 
17           member from placing a call to 911, emergency medical
 
18           services, or the appropriate federal, state or county
 
19           law enforcement authorities.
 
20      (2)  Abuse of family or household member in the third degree
 
21 is a petty misdemeanor.
 
22      §709-E  Authorized actions of law enforcement officers with
 
23 respect to abuse of family or household member.(1)  Any police
 

 
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 1 officer, with or without a warrant, may arrest a person if the
 
 2 officer has reasonable grounds to believe that the person is
 
 3 abusing, or has abused, a family or household member and that the
 
 4 person arrested is guilty of an offense of abuse of a family or
 
 5 household member under this part.
 
 6      (2)  The police, in investigating any complaint of abuse of
 
 7 a family or household member, upon request, may transport the
 
 8 abused person to a hospital or safe shelter.
 
 9      (3)  Any police officer who has reasonable grounds to
 
10 believe either that abuse has been inflicted by one person upon a
 
11 family or household member, regardless of whether the abuse
 
12 occurred in the officer's presence, or that abuse may be imminent
 
13 may take the following further course of action, with or without
 
14 a warrant:
 
15      (a)  The police officer may make reasonable inquiry of the
 
16           family or household member upon whom the officer
 
17           believes abuse either has been inflicted or may be
 
18           imminent;
 
19      (b)  The police officer may make reasonable inquiry of any
 
20           other witnesses that may be present;
 
21      (c)  If the police officer has reasonable grounds to believe
 
22           that there is probable danger of imminent abuse being
 
23           inflicted by one person upon a family or household
 

 
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 1           member, the police officer lawfully may order the
 
 2           person to leave the premises for a period of separation
 
 3           of forty-eight hours, during which time the person
 
 4           shall not initiate any contact, either by telephone or
 
 5           in person, with the family or household member;
 
 6           provided that the person is allowed to enter the
 
 7           premises with police escort to collect any necessary
 
 8           personal effects;
 
 9      (d)  Where the police officer makes the finding referred to
 
10           in paragraph (c) and the incident occurs after 12:00
 
11           p.m. on any Friday or on any Saturday, Sunday, or legal
 
12           holiday, the order to leave the premises and to
 
13           initiate no further contact shall commence immediately
 
14           and be in full force, but the forty-eight hour period
 
15           shall be enlarged and extended until 4:30 p.m. on the
 
16           first day following the weekend or legal holiday;
 
17      (e)  The police officer shall give a written warning
 
18           citation to any person ordered to leave premises
 
19           pursuant to this section.  The written warning citation
 
20           shall state the date, time, and location of the warning
 
21           and the penalties for violating the warning.  The
 
22           police officer shall retain a copy of the warning
 
23           citation and attach it to the written report required
 

 
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 1           to be submitted in all cases.  The police officer shall
 
 2           give a third copy of the warning citation to the
 
 3           remaining family or household member;
 
 4      (f)  If the person ordered to leave the premises refuses to
 
 5           comply with the order or returns to the premises before
 
 6           the expiration of the period of separation, or if the
 
 7           person so ordered initiates any contact with the
 
 8           remaining family or household member, the person shall
 
 9           be placed under arrest for the purpose of preventing
 
10           abuse to the family or household member; and
 
11      (g)  The police officer shall seize all firearms and
 
12           ammunition that the police officer has reasonable
 
13           grounds to believe were used or threatened to be used
 
14           in the commission of an offense under this part.
 
15      §709-F  Violation of a lawful order to leave the premises,
 
16 penalty.(1)  Any violation of or refusal to comply with the
 
17 lawful order of a police officer to leave the premises under
 
18 section 709-E(3) is a misdemeanor.
 
19      (2)  Any person violating this section shall be sentenced as
 
20 follows:
 
21      (a)  For the first offense the person shall serve a minimum
 
22           jail sentence of forty-eight hours; and
 
23      (b)  For a second offense and any other subsequent offense
 

 
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 1           that occurs within three years of the previous offense,
 
 2           the person shall be termed a "repeat offender" and
 
 3           serve a minimum jail sentence of thirty days.
 
 4      (3)  Upon conviction and sentencing of the defendant, the
 
 5 court shall order that the defendant immediately be incarcerated
 
 6 to serve the mandatory minimum sentence imposed; provided that
 
 7 the defendant may be admitted to bail pending appeal pursuant to
 
 8 chapter 804.  The court may stay the imposition of the sentence
 
 9 if special circumstances exist.
 
10      §709-G  Mandatory domestic violence intervention programs.
 
11 (1)  Whenever a court sentences a person pursuant to this part,
 
12 it also shall require that the offender undergo any available
 
13 domestic violence intervention programs ordered by the court.
 
14 However, the court may suspend any portion of a jail sentence,
 
15 except for any mandatory sentences, upon the condition that the
 
16 defendant remains arrest-free and conviction-free and completes
 
17 court-ordered intervention.
 
18      (2)  When a person is ordered by the court to undergo any
 
19 domestic violence intervention, that person shall provide
 
20 adequate proof of compliance with the court's order.  The court
 
21 shall order a subsequent hearing at which the person is required
 
22 to make an appearance, on a date certain, to determine whether
 
23 the person has completed the ordered domestic violence
 

 
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 1 intervention; provided that the court may waive the subsequent
 
 2 hearing and appearance if a court officer has established that
 
 3 the person has completed the intervention ordered by the court.
 
 4      §709-H  Right of victim of abuse of family or household
 
 5 member; assistance of prosecuting attorney.(1)  A family or
 
 6 household member who has been abused by another person may
 
 7 petition the family court, with the assistance of the prosecuting
 
 8 attorney of the applicable county, for a penal summons or arrest
 
 9 warrant to issue forthwith or may file a criminal complaint
 
10 through the prosecuting attorney of the applicable county.  In
 
11 such instance, the respondent shall be taken into custody and
 
12 brought before the family court at the first possible
 
13 opportunity.  The court may dismiss the petition or hold the
 
14 respondent in custody, subject to bail.  If the petition is not
 
15 dismissed, a hearing shall be set.
 
16      (2)  It shall be the duty of the prosecuting attorney of the
 
17 applicable county to assist any family or household member under
 
18 this part in the preparation of the penal summons or arrest
 
19 warrant.
 
20      (3)  This part shall not preclude the abused family or
 
21 household member from pursuing any other remedy under law or in
 
22 equity.
 
23      §709-I  Good faith immunity.  Any police officer who arrests
 

 
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 1 a person pursuant to this part shall not be subject to any civil
 
 2 or criminal liability; provided that the police officer acts in
 
 3 good faith, upon reasonable belief, and does not exercise
 
 4 unreasonable force in effecting the arrest.
 
 5      §709-J  Interpretation.  This part shall not operate as a
 
 6 bar against prosecution under any other section of this Code in
 
 7 lieu of prosecution for abuse of a family or household member
 
 8 under this part.
 
 9      SECTION 2.  Section 706-606.5, Hawaii Revised Statutes, is
 
10 amended by amending subsection (1) to read as follows:
 
11      "(1)  Notwithstanding section 706-669 and any other law to
 
12 the contrary, any person convicted of murder in the second
 
13 degree, any class A felony, any class B felony, or any of the
 
14 following class C felonies:  section 188-23 relating to
 
15 possession or use of explosives, electrofishing devices, and
 
16 poisonous substances in state waters; section 707-703 relating to
 
17 negligent homicide in the first degree; 707-711 relating to
 
18 assault in the second degree; 707-713 relating to reckless
 
19 endangering in the first degree; 707-716 relating to terroristic
 
20 threatening in the first degree; 707-721 relating to unlawful
 
21 imprisonment in the first degree; 707-732 relating to sexual
 
22 assault or rape in the third degree; 707-735 relating to sodomy
 
23 in the third degree; 707-736 relating to sexual abuse in the
 

 
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                                     H.B. NO.           S.D. 1
                                                        
                                                        

 
 1 first degree; 707-751 relating to promoting child abuse in the
 
 2 second degree; 707-766 relating to extortion in the second
 
 3 degree; 708-811 relating to burglary in the second degree;
 
 4 708-821 relating to criminal property damage in the second
 
 5 degree; 708-831 relating to theft in the first degree as amended
 
 6 by Act 68, Session Laws of Hawaii 1981; 708-831 relating to theft
 
 7 in the second degree; 708-835.5 relating to theft of livestock;
 
 8 708-836 relating to unauthorized control of propelled vehicle;
 
 9 708-852 relating to forgery in the second degree; 708-854
 
10 relating to criminal possession of a forgery device; 708-875
 
11 relating to trademark counterfeiting; section 709-B relating to
 
12 abuse of family or household member in the first degree; 710-1071
 
13 relating to intimidating a witness; 711-1103 relating to riot;
 
14 712-1203 relating to promoting prostitution in the second degree;
 
15 712-1221 relating to gambling in the first degree; 712-1224
 
16 relating to possession of gambling records in the first degree;
 
17 712-1243 relating to promoting a dangerous drug in the third
 
18 degree; 712-1247 relating to promoting a detrimental drug in the
 
19 first degree; 134-7 relating to ownership or possession of
 
20 firearms or ammunition by persons convicted of certain crimes;
 
21 134-8 relating to ownership, etc., of prohibited weapons; 134-9
 
22 relating to permits to carry, or who is convicted of attempting
 
23 to commit murder in the second degree, any class A felony, any
 

 
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                                     H.B. NO.           S.D. 1
                                                        
                                                        

 
 1 class B felony, or any of the class C felony offenses enumerated
 
 2 above and who has a prior conviction or prior convictions for the
 
 3 following felonies, including an attempt to commit the same:
 
 4 murder, murder in the first or second degree, a class A felony, a
 
 5 class B felony, any of the class C felony offenses enumerated
 
 6 above, or any felony conviction of another jurisdiction shall be
 
 7 sentenced to a mandatory minimum period of imprisonment without
 
 8 possibility of parole during such period as follows:
 
 9      (a)  One prior felony conviction:
 
10           (i)  Where the instant conviction is for murder in the
 
11                second degree or attempted murder in the second
 
12                degree--ten years;
 
13          (ii)  Where the instant conviction is for a class A
 
14                felony--six years, eight months;
 
15         (iii)  Where the instant conviction is for a class B
 
16                felony--three years, four months;
 
17          (iv)  Where the instant conviction is for a class C
 
18                felony offense enumerated above--one year, eight
 
19                months;
 
20      (b)  Two prior felony convictions:
 
21           (i)  Where the instant conviction is for murder in the
 
22                second degree or attempted murder in the second
 
23                degree--twenty years;
 

 
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 1          (ii)  Where the instant conviction is for a class A
 
 2                felony--thirteen years, four months;
 
 3         (iii)  Where the instant conviction is for a class B
 
 4                felony--six years, eight months;
 
 5          (iv)  Where the instant conviction is for a class C
 
 6                felony offense enumerated above--three years, four
 
 7                months;
 
 8      (c)  Three or more prior felony convictions:
 
 9           (i)  Where the instant conviction is for murder in the
 
10                second degree or attempted murder in the second
 
11                degree--thirty years;
 
12          (ii)  Where the instant conviction is for a class A
 
13                felony--twenty years;
 
14         (iii)  Where the instant conviction is for a class B
 
15                felony--ten years;
 
16          (iv)  Where the instant conviction is for a class C
 
17                felony offense enumerated above--five years."
 
18      SECTION 3.  Section 709-906, Hawaii Revised Statutes, is
 
19 repealed.
 
20      ["§709-906  Abuse of family or household members; penalty.
 
21 (1)  It shall be unlawful for any person, singly or in concert,
 
22 to physically abuse a family or household member or to refuse
 
23 compliance with the lawful order of a police officer under
 

 
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 1 subsection (4).  The police, in investigating any complaint of
 
 2 abuse of a family or household member, upon request, may
 
 3 transport the abused person to a hospital or safe shelter.
 
 4      For the purposes of this section, "family or household
 
 5 member" means spouses or reciprocal beneficiaries, former spouses
 
 6 or reciprocal beneficiaries, persons who have a child in common,
 
 7 parents, children, persons related by consanguinity, and persons
 
 8 jointly residing or formerly residing in the same dwelling unit.
 
 9      (2)  Any police officer, with or without a warrant, may
 
10 arrest a person if the officer has reasonable grounds to believe
 
11 that the person is physically abusing, or has physically abused,
 
12 a family or household member and that the person arrested is
 
13 guilty thereof.
 
14      (3)  A police officer who has reasonable grounds to believe
 
15 that the person is physically abusing, or has physically abused,
 
16 a family or household member shall prepare a written report.
 
17      (4)  Any police officer, with or without a warrant, may take
 
18 the following course of action where the officer has reasonable
 
19 grounds to believe that there was physical abuse or harm
 
20 inflicted by one person upon a family or household member,
 
21 regardless of whether the physical abuse or harm occurred in the
 
22 officer's presence:
 
23      (a)  The police officer may make reasonable inquiry of the
 

 
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 1           family or household member upon whom the officer
 
 2           believes physical abuse or harm has been inflicted and
 
 3           other witnesses as there may be;
 
 4      (b)  Where the police officer has reasonable grounds to
 
 5           believe that there is probable danger of further
 
 6           physical abuse or harm being inflicted by one person
 
 7           upon a family or household member, the police officer
 
 8           lawfully may order the person to leave the premises for
 
 9           a period of separation of twenty-four hours, during
 
10           which time the person shall not initiate any contact,
 
11           either by telephone or in person, with the family or
 
12           household member; provided that the person is allowed
 
13           to enter the premises with police escort to collect any
 
14           necessary personal effects;
 
15      (c)  Where the police officer makes the finding referred to
 
16           in paragraph (b) and the incident occurs after 12:00
 
17           p.m. on any Friday, or on any Saturday, Sunday, or
 
18           legal holiday, the order to leave the premises and to
 
19           initiate no further contact shall commence immediately
 
20           and be in full force, but the twenty-four hour period
 
21           shall be enlarged and extended until 4:30 p.m. on the
 
22           first day following the weekend or legal holiday;
 
23      (d)  All persons who are ordered to leave as stated above
 

 
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 1           shall be given a written warning citation stating the
 
 2           date, time, and location of the warning and stating the
 
 3           penalties for violating the warning.  A copy of the
 
 4           warning citation shall be retained by the police
 
 5           officer and attached to a written report which shall be
 
 6           submitted in all cases.  A third copy of the warning
 
 7           citation shall be given to the abused person;
 
 8      (e)  If the person so ordered refuses to comply with the
 
 9           order to leave the premises or returns to the premises
 
10           before the expiration of the period of separation, or
 
11           if the person so ordered initiates any contact with the
 
12           abused person, the person shall be placed under arrest
 
13           for the purpose of preventing further physical abuse or
 
14           harm to the family or household member; and
 
15      (f)  The police officer may seize all firearms and
 
16           ammunition that the police officer has reasonable
 
17           grounds to believe were used or threatened to be used
 
18           in the commission of an offense under this section.
 
19      (5)  Abuse of a family or household member and refusal to
 
20 comply with the lawful order of a police officer under subsection
 
21 (4) are misdemeanors and the person shall be sentenced as
 
22 follows:
 
23      (a)  For the first offense the person shall serve a minimum
 

 
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 1           jail sentence of forty-eight hours; and
 
 2      (b)  For a second offense and any other subsequent offense
 
 3           that occurs within one year of the previous offense,
 
 4           the person shall be termed a "repeat offender" and
 
 5           serve a minimum jail sentence of thirty days.
 
 6 Upon conviction and sentencing of the defendant, the court shall
 
 7 order that the defendant immediately be incarcerated to serve the
 
 8 mandatory minimum sentence imposed; provided that the defendant
 
 9 may be admitted to bail pending appeal pursuant to chapter 804.
 
10 The court may stay the imposition of the sentence if special
 
11 circumstances exist.
 
12      (6)  Whenever a court sentences a person pursuant to
 
13 subsection (5), it also shall require that the offender undergo
 
14 any available domestic violence intervention programs ordered by
 
15 the court.  However, the court may suspend any portion of a jail
 
16 sentence, except for the mandatory sentences under subsection
 
17 (5)(a) and (b), upon the condition that the defendant remain
 
18 arrest-free and conviction-free or complete court-ordered
 
19 intervention.
 
20      (7)  For any subsequent offense occurring within two years
 
21 after a second misdemeanor conviction, the person shall be
 
22 charged with a class C felony.
 
23      (8)  Any police officer who arrests a person pursuant to
 

 
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 1 this section shall not be subject to any civil or criminal
 
 2 liability; provided that the police officer acts in good faith,
 
 3 upon reasonable belief, and does not exercise unreasonable force
 
 4 in effecting the arrest.
 
 5      (9)  The family or household member who has been physically
 
 6 abused or harmed by another person may petition the family court,
 
 7 with the assistance of the prosecuting attorney of the applicable
 
 8 county, for a penal summons or arrest warrant to issue forthwith
 
 9 or may file a criminal complaint through the prosecuting attorney
 
10 of the applicable county.
 
11      (10)  The respondent shall be taken into custody and brought
 
12 before the family court at the first possible opportunity.  The
 
13 court may dismiss the petition or hold the respondent in custody,
 
14 subject to bail.  Where the petition is not dismissed, a hearing
 
15 shall be set.
 
16      (11) This section shall not operate as a bar against
 
17 prosecution under any other section of this Code in lieu of
 
18 prosecution for abuse of a family or household member.
 
19      (12)  It shall be the duty of the prosecuting attorney of
 
20 the applicable county to assist any victim under this section in
 
21 the preparation of the penal summons or arrest warrant.
 
22      (13)  This section shall not preclude the physically abused
 
23 or harmed family or household member from pursuing any other
 

 
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                                     H.B. NO.           S.D. 1
                                                        
                                                        

 
 1 remedy under law or in equity.
 
 2      (14)  When a person is ordered by the court to undergo any
 
 3 domestic violence intervention, that person shall provide
 
 4 adequate proof of compliance with the court's order.  The court
 
 5 shall order a subsequent hearing at which the person is required
 
 6 to make an appearance, on a date certain, to determine whether
 
 7 the person has completed the ordered domestic violence
 
 8 intervention.  The court may waive the subsequent hearing and
 
 9 appearance where a court officer has established that the person
 
10 has completed the intervention ordered by the court."]
 
11      SECTION 4.  This Act does not affect rights and duties that
 
12 matured, penalties that were incurred, and proceedings that were
 
13 begun, before its effective date.
 
14      SECTION 5.  Statutory material to be repealed is bracketed.
 
15 New statutory material is underscored.
 
16      SECTION 6.  In codifying the new part added to chapter 709,
 
17 Hawaii Revised Statutes, by section one of this Act, the revisor
 
18 of statutes shall substitute appropriate section numbers for the
 
19 letters used in the new sections' designations in this Act.
 
20      SECTION 7.  The legislative reference bureau shall prepare
 
21 proposed conforming legislation to make necessary amendments to
 
22 statutes affected by the repeal of sections 709-906, Hawaii
 
23 Revised Statutes.  The legislative reference bureau shall
 

 
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                                     H.B. NO.           S.D. 1
                                                        
                                                        

 
 1 transmit such proposed legislation to the legislature not later
 
 2 than twenty days prior to the convening of the regular session of
 
 3 2001.
 
 4      SECTION 8.  This Act shall take effect on July 1, 2000.