Bill Text: HI SB2314 | 2016 | Regular Session | Amended

Hawaii Senate Bill 2314 (Prior Session Legislation)

Bill Title: Abuse Against a Family or Household Member; Deferred Acceptance of Guilty Plea; Nolo Contendere Plea

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Engrossed - Dead) 2016-02-12 - Referred to JUD, referral sheet 15 [SB2314 Detail]

Download: Hawaii-2016-SB2314-Amended.html

THE SENATE	S.B. NO.	2314
TWENTY-EIGHTH LEGISLATURE, 2016		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO THE OFFENSE OF ABUSE OF FAMILY OR HOUSEHOLD MEMBERS.

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

SECTION 1. The legislature finds that defendants charged with the offense of abuse of a family or household member are not eligible for a deferred acceptance of guilty plea or nolo contendere plea. However, defendants originally charged with this offense have the option of pleading to a lesser included offense, such as assault or harassment that does not involve a family or household member. As a result, defendants are eligible for a deferred acceptance of guilty plea or nolo contendere plea where the court will discharge the defendant and dismiss the charge against the defendant after the defendant's completion of the period designated by the court and in compliance with any terms and conditions of the plea. Furthermore, one year after the discharge and dismissal, the defendant may expunge the charge.

Allowing defendants to plead to a lesser included offense of the offense of abuse of a family or household member is contrary to the purpose of requiring that defendants charged with the offense of abuse of a family or household member be ineligible for a deferred acceptance of guilty plea or nolo contendere plea.

The purpose of this Act is to make a person ineligible for a deferred acceptance of guilty plea or deferred acceptance of nolo contendere plea in cases where the person was originally charged with the offense of abuse of a family or household member and the charge is subsequently reduced to a lesser included offense.

SECTION 2. Section 709-906, Hawaii Revised Statutes, is amended by amending subsection (5) to read as follows:

"(5) Abuse of a family or household member and refusal to comply with the lawful order of a police officer under subsection (4) are misdemeanors and the person shall be sentenced as follows:

(a) For the first offense the person shall serve a minimum jail sentence of forty-eight hours; and

(b) For a second offense that occurs within one year of the first conviction, the person shall be termed a "repeat offender" and serve a minimum jail sentence of thirty days.

If a person is originally charged with the offense of abuse of a family or household member and the charge is subsequently reduced to a lesser included offense, that person shall be ineligible for a deferred acceptance of guilty plea or nolo contendere plea under chapter 853. Upon conviction and sentencing of the defendant, the court shall order that the defendant immediately be incarcerated to serve the mandatory minimum sentence imposed; provided that the defendant may be admitted to bail pending appeal pursuant to chapter 804. The court may stay the imposition of the sentence if special circumstances exist."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on January 7, 2059.

Report Title:

Abuse Against a Family or Household Member; Deferred Acceptance of Guilty Plea; Nolo Contendere Plea

Description:

Makes a person ineligible for a deferred acceptance of guilty plea or deferred acceptance of nolo contendere plea in cases where the person was originally charged with the offense of abuse of a family or household member and the charge is subsequently reduced to a lesser included offense. Effective 1/7/2059. (SD1)

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