Bill Text: HI HB2493 | 2016 | Regular Session | Amended


Bill Title: Domestic Violence; Statistical Reporting

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-02-19 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN with none voting aye with reservations; none voting no (0) and Representative(s) Nakashima, Thielen, Tokioka excused (3). [HB2493 Detail]

Download: Hawaii-2016-HB2493-Amended.html

HOUSE OF REPRESENTATIVES

H.B. NO.

2493

TWENTY-EIGHTH LEGISLATURE, 2016

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO DOMESTIC VIOLENCE.

 

 

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

 


     SECTION 1.  The legislature finds that data reporting of domestic violence crime has not been well-documented, especially for situations where the offense is not termed "domestic violence," yet the cause of the wrongdoing is rooted in domestic violence.  The woefully few statistics that are available to document and describe the occurrences of domestic violence creates an obstacle for law enforcement and lawmakers who seek to address the issues and take appropriate preventive measures.

     At the law enforcement level, the identification of criminal acts among household or family members by the use of a domestic violence-specific tag or code would be an invaluable step to achieve an understanding of the breadth of domestic violence in the State.  To be effective, it is imperative that the identification of domestic violence acts not be limited to the statute that prohibits abuse between family or household members, section 709-906, Hawaii Revised Statutes.  After incidents are identified as domestic violence-related, data compilation and analysis can be conducted.

     The purpose of this Act is to:

     (1)  Require the use of a domestic violence identification code on all incident and arrest reports where an offense was committed or attempted between family or household members; and

     (2)  Require the reporting of the coded information.

     SECTION 2.  Chapter 846, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§846-    Identification and reporting of incidents of domestic violence.  (a)  Beginning on July 1, 2017, the chiefs of police of the counties of the State and agencies of state and county governments having power of arrest shall use a domestic violence identification code or other measurable indicator, as defined by the department of the attorney general, on all incident reports and arrest reports to denote any instance where a crime was committed or attempted between family or household members.  The department of the attorney general, after consultation with law enforcement agencies and county prosecutors, shall determine which crimes are to be identified as domestic violence crimes for purposes of this section.

     (b)  Statistical information of all instances of domestic violence identified by the chiefs of police or agencies that occurred within the month shall be reported to the attorney general within thirty days after the last day of the month beginning with the report for the month of July 2017.  The information shall be reported in the manner and form prescribed by the attorney general.

     The attorney general may audit the reporting entities to determine the accuracy of the reports and other information required by this subsection.

     (c)  The entities required to report under this section shall make the statistical information available to the public and post the information on their respective websites.

     (d)  As used in this section, "family or household members" shall have the same meaning as in section 709-906."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.



Report Title:

Domestic Violence; Statistical Reporting

 

Description:

Requires recording of a domestic violence identification code on all arrest and incident reports of law enforcement contacts involving an offense between family members.  Requires monthly statistical reports to the Attorney General and to the public.  (HB2493 HD1)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

 

 

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