Bill Text: HI SB405 | 2016 | Regular Session | Introduced
Bill Title: HSAC Package; Abuse of Family or Household Member; Period of Separation
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-12-17 - Carried over to 2016 Regular Session. [SB405 Detail]
Download: Hawaii-2016-SB405-Introduced.html
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THE SENATE |
S.B. NO. |
405 |
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TWENTY-EIGHTH LEGISLATURE, 2015 |
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STATE OF HAWAII |
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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]:
"Business day" means any calendar day, except Saturday, Sunday, or any state holiday.
"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."
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 shall 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.
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INTRODUCED BY: |
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By Request |
Report Title:
HSAC Package; Abuse of Family or Household Member; Period of Separation
Description:
Requires period of separation to commence upon issuance of officer's order and end at 6:00 p.m. on the second business day following the issuance of the order.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
