REPORT TITLE:
Domestic Violence


DESCRIPTION:
Makes any offense of abuse of a family or household member a
class C felony if: committed subsequent to a 2nd conviction; or
committed subsequent to 2 prior convictions for assault,
terroristic threatening, kidnapping, or abuse of a family or
household member involving the same victim.  (HB1484 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1484
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT


RELATING TO DOMESTIC VIOLENCE.



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

 1      SECTION 1.  Section 709-906, Hawaii Revised Statutes, is
 
 2 amended as follows:
 
 3      1. By amending subsection (5) to read:
 
 4      "(5)  Abuse of a family or household member and refusal to
 
 5 comply with the lawful order of a police officer under subsection
 
 6 (4) are misdemeanors and the person shall be sentenced as
 
 7 follows:
 
 8      (a)  [For] Except as provided in subsection (7), for the
 
 9           first [offense] conviction of abuse of a family or
 
10           household member, the person shall serve a minimum jail
 
11           sentence of forty-eight hours; and
 
12      (b)  [For a second offense and any other subsequent offense
 
13           that occurs within one year of the previous offense,]
 
14           Except as provided in subsection (7), for a second
 
15           conviction for abuse of a family or household member,
 
16           the person shall be termed a "repeat offender" and
 
17           serve a minimum jail sentence of thirty days.
 
18 Upon conviction and sentencing of the defendant, the court shall
 
19 order that the defendant immediately be incarcerated to serve the
 

 
Page 2                                                     1484
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 mandatory minimum sentence imposed; provided that the defendant
 
 2 may be admitted to bail pending appeal pursuant to chapter 804.
 
 3 The court may stay the imposition of the sentence if special
 
 4 circumstances exist."
 
 5      2. By amending subsection (7) to read:
 
 6      "(7)  [For any subsequent offense occurring within two years
 
 7 after a second misdemeanor conviction, the person shall be
 
 8 charged with] Any offense of abuse of a family or household
 
 9 member committed subsequent to a second conviction for abuse of
 
10 family or household member is a class C felony.  In addition, any
 
11 offense of abuse of a family or household member committed
 
12 subsequent to any two prior convictions for:
 
13      (a)  Assault in the first degree;
 
14      (b)  Assault in the second degree;
 
15      (c)  Assault in the third degree;
 
16      (d)  Abuse of a family or household member;
 
17      (e)  Terroristic threatening in the first degree;
 
18      (f)  Terroristic threatening in the second degree; or
 
19      (g)  Kidnapping;
 
20 involving the same family or household member is a class C
 
21 felony."
 
22      SECTION 2.  This Act does not affect rights and duties that
 
23 matured, penalties that were incurred, and proceedings that were
 
24 begun, before its effective date.
 

 
Page 3                                                     1484
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      SECTION 3.  Statutory material to be repealed is bracketed.
 
 2 New statutory material is underscored.
 
 3      SECTION 4.  This Act shall take effect upon its approval.