Bill Text: HI HB164 | 2015 | Regular Session | Introduced

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Bill Title: Abuse of a Family or Household Member; No Contact Order

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-01-26 - Referred to JUD, referral sheet 1 [HB164 Detail]

Download: Hawaii-2015-HB164-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	164
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII

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, shall take the following course of action, regardless of whether the physical abuse or harm occurred in the officer's presence:

     (a)  The police officer shall 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)  The police officer lawfully shall order the person who the police officer reasonably believes to have inflicted the abuse 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) When 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.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Abuse of a Family or Household Member; No Contact Order

 

Description:

Adds the definition of "business day" to the offense of abuse of a family or household member.  Repeals the forty-eight hour no contact provision and specifies that the period of separation that a police officer shall order the person who the police officer reasonably believes to have inflicted the abuse of a family or household member commences when the order is issued and expires at 6:00 p.m. on the second business day following the day the order was issued.

 

 

 

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