Bill Text: HI HB295 | 2020 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating To Domestic Abuse.

Spectrum: Strong Partisan Bill (Democrat 13-1)

Status: (Engrossed - Dead) 2020-06-22 - Received notice of all Senate conferees being discharged (Sen. Com. No. 535). [HB295 Detail]

Download: Hawaii-2020-HB295-Amended.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	295
THIRTIETH LEGISLATURE, 2019		H.D. 1
STATE OF HAWAII

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)  Emotional abuse, 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)  Emotional abuse, 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)  Emotional abuse, 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)  Emotional abuse, 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 three new definitions to be appropriately inserted and to read:

     ""Coercive behavior" means a continuing act or a pattern of acts of assault, threats, humiliation, and intimidation or other abuse that is used to harm, punish, or frighten a person.

     "Controlling behavior" means a range of acts designed to make a person subordinate or dependent by:

     (1)  Isolating the person from sources of support;

     (2)  Exploiting the person's resources and capacities for personal gain;

     (3)  Depriving the person of the means needed for independence, resistance, and escape; and

     (4)  Regulating the person's everyday behavior.

     "Emotional abuse" means coercive behavior or controlling behavior that is continuously or repeatedly directed at an individual with the intent to exert power, control, or coercion over the individual."

     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, emotional abuse, 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 on July 1, 2050.

 

Report Title:

Domestic Abuse; Emotional Abuse; Insurance Policies; Protective Orders

 

Description:

Amends the definition of domestic abuse under Hawaii's insurance laws and domestic abuse protective order statutes to include emotional abuse between family or household members.  Defines emotional abuse.  (HB295 HD1)

 

 

 

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