THE SENATE	S.B. NO.	2310
TWENTY-SEVENTH LEGISLATURE, 2014		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO VICTIMS' RIGHTS.

 

 

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

 

     SECTION 1.  Section 706-673, Hawaii Revised Statutes, is amended to read as follows:

     "§706-673  Notice of escape.  (1)  As used in this section, the following terms have the following meanings:

     "Offense against the person" means any of the offenses described in chapter 707 and includes any attempt to commit any of those offenses.

     "Prisoner" means a person who has been convicted of an offense against the person.

     "Surviving immediate family member" means a person who is a surviving grandparent, parent, sibling, spouse or reciprocal beneficiary, child, or legal guardian of a deceased victim.

     "Victim" means the person who was the victim of the offense against the person for which the prisoner was convicted.

     (2)  Upon written request, the department of public safety shall give notice of the escape of a prisoner, immediately following the escape, by the most reasonable and expedient means available, to each victim or a surviving immediate family member of the victim, through the victim witness assistance program in the county where the crime was committed.

     (3)  The department of public safety shall work with county victim assistance offices to give notice of the escape of a prisoner who is a domestic violence offender, immediately following the escape, by the most reasonable and expedient means available, to each individual who was:

    (a)   The victim of the domestic violence; or

    (b)   Protected by a restraining order against the escaped prisoner at the time of the arrest or conviction.

     [(3)] (4)  Neither the failure of any state officer or employee to carry out the requirements of this section nor compliance with it shall subject the State, the officer, or employee to liability in any civil action.  However, such failure may provide a basis for such disciplinary action as may be deemed appropriate by a competent authority."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 2050.

 

 

Report Title:

Prisoners; Escape; Domestic Violence; Restraining Order; Victim Rights; Notification

 

Description:

Requires the Department of Public Safety to work with county victim assistance offices to give notice of the escape of a prisoner who is a domestic violence offender to each victim of the domestic violence and individuals protected by a restraining order against the escapee, immediately following the escape by the most reasonable and expedient means available.  Takes effect 7/1/2050.  (SD1)

 

 

 

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