Bill Text: HI SB622 | 2022 | Regular Session | Amended
Bill Title: Relating To Restraining Order Violations.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Engrossed - Dead) 2022-03-10 - Referred to JHA, FIN, referral sheet 24 [SB622 Detail]
Download: Hawaii-2022-SB622-Amended.html
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THE SENATE |
S.B. NO. |
622 |
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THIRTY-FIRST LEGISLATURE, 2021 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO RESTRAINING ORDER VIOLATIONS.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
Accordingly, to help ensure proper
protections, the purpose of this Act is to require a court to sentence a person convicted of violating a temporary
restraining order, 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 a fine of no less than $500 or more than $3,000.
SECTION 2. 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 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) Except
as provided in paragraph (2), for a first conviction for a 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 to pay a fine unless
the defendant is or will be able to pay the fine;
(2) For a first conviction for a violation of the temporary restraining order, if the person has a prior conviction for any of the following felonies:
(A) Section 707-701 relating to murder in the first degree;
(B) Section 707-701.5 relating to murder in the second degree;
(C) Section 707-710 relating to assault in the first degree;
(D) Section 707-711 relating to assault in the second degree;
(E) Section 707-720 relating to kidnapping;
(F) Section 707-721 relating to unlawful imprisonment in the first degree;
(G) Section 707-730 relating to sexual assault in the first degree;
(H) Section 707-731 relating to sexual assault in the second degree;
(I) Section 707-732 relating to sexual assault in the third degree;
(J) Section 707-733.6 relating to continuous sexual assault of a minor under the age of fourteen years;
(K) Section 707-750 relating to promoting child abuse in the first degree;
(L) Section 708-810 relating to burglary in the first degree;
(M) Section 708-811 relating to burglary in the second degree;
(N) Section 709-906 relating to abuse of family or household members; or
(O) Section 711-1106.4 relating to aggravated harassment by stalking;
and if any of these offenses
has been committed against a family or household member as defined in section
586-1, the person shall serve a mandatory minimum term of imprisonment of
fifteen days and be fined not less than $150 nor more than $600; 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]
(3) For
the second and any subsequent conviction for a 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 to pay a fine unless the defendant is
or will be able to pay the fine[.]; and
(4) For
a violation of a temporary restraining order that occurs after a conviction for
a violation of the same temporary 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 $500 nor
more than $3,000. A person who has been
convicted of violating this paragraph may be sentenced to pay a fine not
exceeding $3,000. 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,
except for the mandatory sentences under paragraphs (1), (2), [and] (3),
and (4) 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."
SECTION 3. 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; or
(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; or
(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 $500 nor more than $3,000. A person who has been
convicted of violating this paragraph may be sentenced to pay a fine not
exceeding $3,000. 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 4. 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 $500 nor
more than $3,000. A person who has been
convicted of violating this paragraph may be sentenced to pay a fine not
exceeding $3,000. 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 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect on July 30, 2075.
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 a temporary restraining order, 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 no less than $500 and no more than $3,000. Takes effect 7/30/2075. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
