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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1264 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO ELECTRONIC MONITORING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 586-4, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:
"(e) When a temporary restraining order
is granted and the respondent or person to be restrained knows of the order, a
knowing or intentional violation of the restraining order is a misdemeanor. A
person convicted under this [section] subsection 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] subsection as follows:
(1) For a first conviction for violation of the
temporary restraining order, the person shall serve a mandatory minimum jail
sentence of forty-eight hours and be fined not less than $150 nor more than
$500; provided that the court shall not sentence a [defendant] convicted person to pay a fine unless the [defendant]
convicted person is or will be able to pay the fine; and
(2) For the second and any subsequent conviction for
violation of the temporary restraining order, the person shall serve a
mandatory minimum jail sentence of thirty days and be fined not less than $250
nor more than $1,000; provided that the court shall not sentence a [defendant]
convicted person to pay a fine unless the [defendant]
convicted person is or will be able to pay the fine.
Upon conviction and sentencing of the [defendant,]
convicted person, the court
shall order that the [defendant] convicted
person immediately be
incarcerated to serve the mandatory minimum sentence imposed; provided that the
[defendant] convicted person 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, except
for the mandatory sentences under paragraphs (1) and (2), upon condition that
the [defendant] convicted person remain alcohol and drug-free,
conviction-free, or complete court-ordered assessments or intervention.
Nothing in this [section] subsection shall be construed as
limiting the discretion of the judge to impose additional sanctions authorized
in sentencing for a misdemeanor.
If the court finds that the convicted person has knowledge of the location of any protected party's residence, place of employment, or school, in addition to any other penalties provided in this subsection, the court, as a condition of probation, may prohibit contact with the protected party through the establishment of court-defined geographic exclusion zones, including the areas in and around the protected party's residence, place of employment, or school, and order that the convicted person wear a global positioning satellite tracking device designed to transmit and record the convicted person's location data. If the convicted person enters a court-defined geographic exclusion zone, the convicted person's location data may be transmitted to the protected party and to the police through any appropriate means, including the telephone, an electronic beeper, or a paging device. The global positioning satellite tracking device and its tracking shall be administered by the court. If a court finds that the convicted person has entered a geographic exclusion zone, the court shall revoke the probation and the convicted person shall be fined, imprisoned, or both, as provided in this subsection. Based on the convicted person's ability to pay, the court may also order the convicted person to pay the monthly costs or portion thereof for monitoring by the global positioning satellite tracking system."
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] subsection 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]
subsection 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] convicted person to pay a fine unless the [defendant]
convicted person 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] convicted
person to pay a fine unless the [defendant]
convicted person 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] convicted person to pay a
fine unless the [defendant] convicted person 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] convicted person to pay a fine unless the [defendant]
convicted person 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] convicted person to pay a
fine unless the [defendant] convicted person 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 convicted person to pay a fine unless the [defendant]
convicted person 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]
convicted person to pay a fine unless the [defendant]
convicted person is or will be able to pay the fine.
Upon
conviction and sentencing of the [defendant,] convicted person, the court shall order that the [defendant]
convicted person immediately be incarcerated to serve the mandatory
minimum sentence imposed; provided that the [defendant] convicted person 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] paragraphs
(1)(A) and (2)(C), upon condition that the [defendant] convicted person remain alcohol and drug-free, conviction-free,
or complete court-ordered assessments or intervention. Nothing in this [section]
subsection 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.
If the court finds that the convicted person has knowledge of the location of any protected party's residence, place of employment, or school, in addition to any other penalties provided in this subsection, the court, as a condition of probation, may prohibit contact with the protected party through the establishment of court-defined geographic exclusion zones, including the areas in and around the protected party's residence, place of employment, or school, and order that the convicted person wear a global positioning satellite tracking device designed to transmit and record the convicted person's location data. If the convicted person enters a court-defined geographic exclusion zone, the convicted person's location data may be transmitted to the protected party and to the police through any appropriate means, including the telephone, an electronic beeper, or a paging device. The global positioning satellite tracking device and its tracking shall be administered by the court. If a court finds that the convicted person has entered a geographic exclusion zone, the court shall revoke the probation and the convicted person shall be fined, imprisoned, or both, as provided in this subsection. Based on the convicted person's ability to pay, the court may also order the convicted person to pay the monthly costs or portion thereof for monitoring by the global positioning satellite tracking system."
SECTION 3. The judiciary shall establish and implement the provisions relating to global satellite tracking devices under sections 1 and 2 of this Act within one year of the effective date of this Act.
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 on July 1, 2050, and shall be
repealed on July 1, 2013; provided that sections 586-4(e) and 586-11(a), Hawaii
Revised Statutes, shall be reenacted in the form in which they read on the day
before the effective date of this Act.
Report Title:
Electronic Monitoring; Protective Order Violations
Description:
Requires electronic monitoring of persons convicted of violating a domestic abuse temporary restraining order or protective order. Effective July 1, 2011. Sunsets July 1, 2013. (HB1264 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.