Bill Text: HI HB1570 | 2014 | Regular Session | Amended
Bill Title: Period of Separation; Abuse; Family or Household Member
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2014-03-19 - Report adopted; Passed Second Reading and referred to JDL. [HB1570 Detail]
Download: Hawaii-2014-HB1570-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1570 |
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TWENTY-SEVENTH LEGISLATURE, 2014 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO ABUSE OF FAMILY OR HOUSEHOLD MEMBER.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 709-906, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (1) to read:
"(1) It shall be unlawful for any person, singly or in concert, to physically abuse a family or household member or to refuse compliance with the lawful order of a police officer under subsection (4). The police, in investigating any complaint of abuse of a family or household member, upon request, may transport the abused person to a hospital or safe shelter.
For the purposes of this section[,
"family]:
"Family or household member" means spouses or reciprocal beneficiaries, former spouses or reciprocal beneficiaries, persons in a dating relationship as defined under section 586-1, persons who have a child in common, parents, children, persons related by consanguinity, and persons jointly residing or formerly residing in the same dwelling unit.
"Business day" means any calendar day, except Saturday, Sunday, or any state holiday."
2. By amending subsection (4) to read:
"(4) Any police officer, with or without a warrant, may take the following course of action where the officer has reasonable grounds to believe that there was physical abuse or harm inflicted by one person upon a family or household member, regardless of whether the physical abuse or harm occurred in the officer's presence:
(a) The police officer may make reasonable inquiry of the family or household member upon whom the officer believes physical abuse or harm has been inflicted and other witnesses as there may be;
(b) Where the police officer has reasonable grounds
to believe that there is probable danger of further physical abuse or harm
being inflicted by one person upon a family or household member, the police
officer lawfully shall order the person to leave the premises for a period of
separation [of forty-eight hours], during which time the person shall
not initiate any contact, either by telephone or in person, with the family or
household member; provided that the person is allowed to enter the premises
with police escort to collect any necessary personal effects. The period of
separation shall commence when the order is issued and expire at 6:00 p.m. on
the second business day following the day the order was issued;
[(c) Where the police officer makes the
finding referred to in paragraph (b) and the incident occurs after 12:00 p.m.
on any Friday, or on any Saturday, Sunday, or legal holiday, the order to leave
the premises and to initiate no further contact shall commence immediately and
be in full force, but the forty-eight hour period shall be enlarged and
extended until 4:30 p.m. on the first day following the weekend or legal
holiday;
(d)] (c) All persons who are ordered to
leave as stated above shall be given a written warning citation stating the
date, time, and location of the warning and stating the penalties for violating
the warning. A copy of the warning citation shall be retained by the police
officer and attached to a written report which shall be submitted in all
cases. A third copy of the warning citation shall be given to the abused
person;
[(e)] (d) If the person so ordered
refuses to comply with the order to leave the premises or returns to the
premises before the expiration of the period of separation, or if the person so
ordered initiates any contact with the abused person, the person shall be
placed under arrest for the purpose of preventing further physical abuse or
harm to the family or household member; and
[(f)] (e) The police officer shall seize
all firearms and ammunition that the police officer has reasonable grounds to
believe were used or threatened to be used in the commission of an offense
under this section."
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 upon its approval.
Report Title:
Period of Separation; Abuse; Family or Household Member
Description:
Specifies that the period of separation that a police officer can order under suspicion of physical abuse or harm is two business days from the day the order is issued. Defines "business day" as any calendar day, except Saturday, Sunday, or a state holiday. (HB1570 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
