Bill Text: HI SB226 | 2015 | Regular Session | Amended
Bill Title: Abuse of a Family or Household Member; No Contact Order
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2015-07-10 - Act 221, 07/09/2015 (Gov. Msg. No. 1322). [SB226 Detail]
Download: Hawaii-2015-SB226-Amended.html
THE SENATE |
S.B. NO. |
226 |
TWENTY-EIGHTH LEGISLATURE, 2015 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 1 |
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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; provided that the day the
order is issued shall not be included in the computation of the two business
days;
[(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.
Report Title:
Abuse of a Family or Household Member; No Contact Order
Description:
Adds the definition of "business day" to the offense of abuse of a family or household member. Repeals the 48-hour no contact provision and specifies that the period of separation a police officer orders for the person whom the police officer reasonably believes to have inflicted the abuse of a family or household member commences when the order is issued and expires at 6:00 p.m. on the second business day following the day the order was issued. (SB226 SD2 HD1)
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