Bill Text: HI SB223 | 2012 | Regular Session | Amended
Bill Title: Domestic Abuse Orders
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Passed) 2012-07-06 - (S) Act 205, 7/3/2012 (Gov. Msg. No. 1308). [SB223 Detail]
Download: Hawaii-2012-SB223-Amended.html
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THE SENATE |
S.B. NO. |
223 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO DOMESTIC ABUSE ORDERS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 709-906, Hawaii Revised Statutes, is amended by amending subsection (4) to read as follows:
"(4) Any police officer, with or without a warrant, may take the following course of action where the officer has reasonable grounds to believe that there was physical abuse or harm inflicted by one person upon a family or household member, regardless of whether the physical abuse or harm occurred in the officer's presence:
(a) The police officer may 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) Where the police officer has reasonable grounds
to believe that there is probable danger of further physical abuse or harm
being inflicted by one person upon a family or household member, the police
officer lawfully [may] shall order the person to leave the
premises for a period of separation of twenty-four 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;
(c) Where the police officer makes the finding referred to in paragraph (b) and 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 twenty-four hour period shall be enlarged and extended until 4:30 p.m. on the first day following the weekend or legal holiday;
(d) 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) 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) The police officer may 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. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
Report Title:
Domestic Abuse Orders
Description:
Requires a police officer to order a person to have no contact with a family or household member for a twenty-four hour period, or longer if the incident occurs on the weekend, when a police officer has reasonable grounds to believe that there is probable danger of further physical abuse or harm to the family or household member. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
