Bill Text: HI SB622 | 2021 | Regular Session | Introduced


Bill Title: Relating To Restraining Order Violations.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced) 2021-02-18 - Report adopted; Passed Second Reading and referred to JDC. [SB622 Detail]

Download: Hawaii-2021-SB622-Introduced.html

THE SENATE

S.B. NO.

622

THIRTY-FIRST LEGISLATURE, 2021

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to restraining order violations.

 

 

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

 


     SECTION 1.  The legislature finds that the COVID-19 pandemic has caused police, courts, and jails to reprioritize their use of personnel and resources.  This can be emotionally and physically devastating for individuals with injunctions or temporary restraining orders who are harassed while a "stay-at-home" order is in place.  In some cases, these individuals can become a hostage to their harasser with no real-time recourse, essentially creating an aggravated circumstance that warrants stricter penalties for violations.

     Accordingly, to help ensure proper protections, the purpose of this Act to require a court to sentence a person convicted of violating an order of protection, injunction, or restraining order during the term of a stay-at-home order imposed by the State or a county in which the violation occurred to a mandatory minimum jail sentence of not less than thirty days and fined not less than $5,000.

     SECTION 2.  Section 586-11, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Whenever an order for protection is granted pursuant to this chapter, a respondent or person to be restrained who knowingly or intentionally violates the order for protection is guilty of a misdemeanor.  A person convicted under this section shall undergo domestic violence intervention at any available domestic violence program as ordered by the court.  The court additionally shall sentence a person convicted under this section as follows:

     (1)  For a first conviction for violation of the order for protection:

          (A)  That is in the nature of non-domestic abuse, the person may be sentenced to a jail sentence of forty-eight hours and be fined not more than $150; provided that the court shall not sentence a defendant to pay a fine unless the defendant is or will be able to pay the fine;

          (B)  That is in the nature of domestic abuse, the person shall be sentenced to a mandatory minimum jail sentence of not less than forty-eight hours and be fined not less than $150 nor more than $500; provided that the court shall not sentence a defendant to pay a fine unless the defendant is or will be able to pay the fine;

     (2)  For a second conviction for violation of the order for protection:

          (A)  That is in the nature of non-domestic abuse, and occurs after a first conviction for violation of the same order that was in the nature of non-domestic abuse, the person shall be sentenced to a mandatory minimum jail sentence of not less than forty-eight hours and be fined not more than $250; provided that the court shall not sentence a defendant to pay a fine unless the defendant is or will be able to pay the fine;

          (B)  That is in the nature of domestic abuse, and occurs after a first conviction for violation of the same order that was in the nature of domestic abuse, the person shall be sentenced to a mandatory minimum jail sentence of not less than thirty days and be fined not less than $250 nor more than $1,000; provided that the court shall not sentence a defendant to pay a fine unless the defendant is or will be able to pay the fine;

          (C)  That is in the nature of non-domestic abuse, and occurs after a first conviction for violation of the same order that was in the nature of domestic abuse, the person shall be sentenced to a mandatory minimum jail sentence of not less than forty-eight hours and be fined not more than $250; provided that the court shall not sentence a defendant to pay a fine unless the defendant is or will be able to pay the fine;

          (D)  That is in the nature of domestic abuse, and occurs after a first conviction for violation of the same order that is in the nature of non-domestic abuse, the person shall be sentenced to a mandatory minimum jail sentence of not less than forty-eight hours and be fined not more than $150; provided that the court shall not sentence a defendant to pay a fine unless the defendant is or will be able to pay the fine;

     (3)  For any subsequent violation that occurs after a second conviction for violation of the same order for protection, the person shall be sentenced to a mandatory minimum jail sentence of not less than thirty days and be fined not less than $250 nor more than $1,000; provided that the court shall not sentence a defendant to pay a fine unless the defendant is or will be able to pay the fine[.]; and

     (4)  For any conviction for violation of the order for protection that occurred during the term of a stay-at-home order imposed by the State or county in which the violation occurred, the person shall be sentenced to a mandatory minimum jail sentence of not less than thirty days and shall be fined not less than $5,000.  For purposes of this paragraph, "stay-at-home order" means an order or proclamation issued during a declared state of emergency that restricts persons from leaving their residences for any purpose other than essential activities.

     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.

     The court may suspend any jail sentence under subparagraphs (1)(A) and (2)(C), upon condition that the defendant remain alcohol and drug-free, conviction-free, or complete court-ordered assessments or intervention.  Nothing in this section shall be construed as limiting the discretion of the judge to impose additional sanctions authorized in sentencing for a misdemeanor offense.  All remedies for the enforcement of judgments shall apply to this chapter."

     SECTION 3.  Section 604-10.5, Hawaii Revised Statutes, is amended by amending subsection (i) to read as follows:

     "(i)  A knowing or intentional violation of a restraining order or injunction issued pursuant to this section is a misdemeanor.  The court shall sentence a violator to appropriate counseling and shall sentence a person convicted under this section as follows:

     (1)  For a violation of an injunction or restraining order that occurs after a conviction for a violation of the same injunction or restraining order, the person shall be sentenced to a mandatory minimum jail sentence of not less than forty-eight hours; [and]

     (2)  For any subsequent violation that occurs after a second conviction for violation of the same injunction or restraining order, the person shall be sentenced to a mandatory minimum jail sentence of not less than thirty days[.]; and

     (3)  For a violation of an injunction or restraining order that occurs after a conviction for a violation of the same injunction or restraining order that occurred during the term of a stay-at-home order imposed by the State or county in which the violation occurred, the person shall be sentenced to a mandatory minimum jail sentence of not less than thirty days and shall be fined not less than $5,000.  For purposes of this paragraph, "stay-at-home order" means an order or proclamation issued during a declared state of emergency that restricts persons from leaving their residences for any purpose other than essential activities.

     The court may suspend any jail sentence, except for the mandatory sentences under paragraphs (1) [and (2),] through (3), upon appropriate conditions, such as that the defendant remain alcohol- and drug-free, conviction-free, or complete court-ordered assessments or counseling.  The court may suspend the mandatory sentences under paragraphs (1) [and (2)] through (3) where the violation of the injunction or restraining order does not involve violence or the threat of violence.  Nothing in this section shall be construed as limiting the discretion of the judge to impose additional sanctions authorized in sentencing for a misdemeanor offense."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Temporary Restraining Orders; Injunctions; Violations; Stay-at-Home Orders; Minimum Mandatory Sentences; Fines

 

Description:

Requires a court to sentence a person convicted of violating an injunction or restraining order or order of protection during the term of a stay-at-home order imposed by the State or a county in which the violation occurred to a mandatory minimum jail sentence of not less than thirty days and fined not less than $5,000.

 

 

 

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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