Bill Text: HI HB1138 | 2021 | Regular Session | Introduced
Bill Title: Relating To Abuse.
Spectrum: Partisan Bill (Democrat 12-0)
Status: (Introduced - Dead) 2021-02-16 - The committee(s) on JHA recommend(s) that the measure be deferred. [HB1138 Detail]
Download: Hawaii-2021-HB1138-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1138 |
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THIRTY-FIRST LEGISLATURE, 2021 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to abuse.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the offense abuse of family or household member in section 709-906, Hawaii Revised Statutes, allows for varying penalties of a petty misdemeanor, misdemeanor, or class C felony depending on the facts surrounding the offense. For example, where the abuse occurs in the presence of a minor between the ages of fourteen and eighteen, the penalty is either a petty misdemeanor or misdemeanor. However, where the abuse occurs in the presence of a minor under fourteen, the penalty is a class C felony. For minors between fourteen and eighteen, witnessing abuse and seeing that a lesser penalty applies may normalize this type of behavior for this age group. The age of the minor should not determine the penalty when abuse occurs in their presence.
The purpose of this Act is to change the age for minors who are in the presence of abuse of family or household member offenses from less than fourteen to less than eighteen years of age.
SECTION 2. Section 709-906, Hawaii Revised Statutes, is amended by amending subsection (10) to read as follows:
"(10) Where physical abuse occurs in the presence
of a minor, as defined in section 706-606.4, and the minor is a family or
household member less than [fourteen] eighteen years of age, abuse
of a family or household member is a class C felony."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Abuse of Family or Household Member
Description:
Changes the age for minors who are in the presence of abuse of family or household member offenses from less than fourteen to less than eighteen years of age.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
