Bill Text: HI HB2425 | 2020 | Regular Session | Amended
Bill Title: Relating To Domestic Abuse.
Spectrum: Moderate Partisan Bill (Democrat 14-2)
Status: (Enrolled - Dead) 2020-07-10 - Transmitted to Governor. [HB2425 Detail]
Download: Hawaii-2020-HB2425-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2425 |
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THIRTIETH LEGISLATURE, 2020 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 1 |
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A BILL FOR AN ACT
RELATING TO DOMESTIC ABUSE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 431:10-217.5, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:
"(e) As used in this section, "domestic abuse" means:
(1) Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury, or assault between family or household members;
(2) Sexual assault of one family or household member by another;
(3) Stalking of one
family or household member by another family or household member; [or]
(4) Intentionally,
knowingly, or recklessly causing damage to property so as to intimidate or
attempt to control the behavior of another household member[.]; or
(5) Coercive control, as defined in section 586-1, between family or household members."
SECTION 2. Section 432:1-101.6, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:
"(e) As used in this section, "domestic abuse" means:
(1) Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury, or assault between family or household members;
(2) Sexual assault of one family or household member by another;
(3) Stalking of one
family or household member by another family or household member; [or]
(4) Intentionally,
knowingly, or recklessly causing damage to property so as to intimidate or
attempt to control the behavior of another household member[.]; or
(5) Coercive control, as defined in section 586-1, between family or household members."
SECTION 3. Section 432:2-103.5, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:
"(e) As used in this section, "domestic abuse" means:
(1) Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury, or assault between family or household members;
(2) Sexual assault of one family or household member by another;
(3) Stalking of one
family or household member by another family or household member; [or]
(4) Intentionally,
knowingly, or recklessly causing damage to property so as to intimidate or attempt
to control the behavior of another household member[.]; or
(5) Coercive control, as defined in section 586-1, between family or household members."
SECTION 4. Section 432D-27, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:
"(e) As used in this section, "domestic abuse" means:
(1) Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury, or assault between family or household members;
(2) Sexual assault of one family or household member by another;
(3) Stalking of one
family or household member by another family or household member; [or]
(4) Intentionally,
knowingly, or recklessly causing damage to property so as to intimidate or
attempt to control the behavior of another household member[.]; or
(5) Coercive
control, as defined in section 586-1, between family or household members."
SECTION 5. Section 586-1, Hawaii Revised Statutes, is amended as follows:
1. By adding a new definition to be appropriately inserted and to read:
(1) Isolating the individual from
friends and family;
(2) Controlling how much money is
accessible to the individual and how it is spent;
(3) Monitoring the individual's
activities, communications, and movements;
(4) Name-calling, degradation, and
demeaning the individual frequently;
(5) Threatening to harm or kill the
individual or a child or relative of the individual;
(6) Threatening to publish information or
make reports to the police or the authorities;
(7) Damaging property or household
goods; and
(8) Forcing the individual to take part
in criminal activity or child abuse."
2. By amending the definition of "domestic abuse" to read:
""Domestic abuse" means:
(1) Physical harm, bodily injury, assault, or the threat of imminent physical harm, bodily injury, or assault, extreme psychological abuse, coercive control, or malicious property damage between family or household members; or
(2) Any act which would constitute an offense under section 709-906, or under part V or VI of chapter 707 committed against a minor family or household member by an adult family or household member."
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval.
Report Title:
Domestic Abuse; Coercive Control; Insurance Policies; Protective Orders
Description:
Amends the definition of "domestic abuse" under Hawaii's insurance laws and laws relating to domestic abuse protective orders to include coercive control between family or household members. Defines "coercive control". (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
