REPORT TITLE:
Dom. Vio.; Child Present


DESCRIPTION:
Creates a new offense of the commission of domestic abuse in the
presence of a child.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           589
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO DOMESTIC ABUSE.



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

 1      SECTION 1.  The legislature finds that children are
 
 2 horrendously impacted by domestic violence and abuse.
 
 3 Specifically, the legislature finds that:
 
 4      (1)  An estimated 3.3 million children witness domestic
 
 5           violence and abuse each year;
 
 6      (2)  Children who are exposed to domestic violence and abuse
 
 7           in their homes suffer substantial psychological and
 
 8           physical damage;
 
 9      (3)  There is strong evidence that the children of abusers
 
10           suffer deep mental scars and are more likely to grow up
 
11           to be abusers themselves unless they receive assistance
 
12           and counseling;
 
13      (4)  Children from violent homes have higher risks of
 
14           substance abuse and juvenile delinquency;
 
15      (5)  Violent juvenile delinquents are four times more likely
 
16           than nonviolent juvenile delinquents to have come from
 
17           homes where domestic violence and abuse occurs;
 
18      (6)  Children who witness domestic violence and abuse
 

 
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                                     S.B. NO.           589
                                                        
                                                        

 
 1           against a parent often believe that they are
 
 2           responsible for the violence and abuse; and
 
 3      (7)  In Hawaii, there currently are approximately ten
 
 4           thousand children who are exposed to domestic violence
 
 5           and abuse in the home and are in critical need of
 
 6           counseling to overcome the traumatic psychological and
 
 7           emotional effects of such exposure.
 
 8 The legislature strongly believes that legislation is needed to
 
 9 provide greater protection for children and to help break the
 
10 cycle of abuse experienced by children exposed to domestic
 
11 violence and abuse.
 
12      Accordingly, the purpose of this Act is to create a new
 
13 offense of the commission of domestic abuse in the presence of a
 
14 child.
 
15      SECTION 2.  Chapter 709, Hawaii Revised Statutes, is amended
 
16 by adding a new section to be appropriately designated and to
 
17 read as follows:
 
18      "�709-    Commission of domestic abuse in the presence of a
 
19 child.  (1)  A person commits the offense of commission of
 
20 domestic abuse in the presence of a child if the person, in the
 
21 presence of a child:
 
22      (a)  Commits or attempts to commit murder in the first
 

 
 
 
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                                     S.B. NO.           589
                                                        
                                                        

 
 1           degree, murder in the second degree, or manslaughter
 
 2           against a family or household member;
 
 3      (b)  Intentionally causes serious bodily injury to a family
 
 4           or household member or uses a dangerous instrument or
 
 5           other means or force likely to produce death or serious
 
 6           bodily injury against a family or household member; or
 
 7      (c)  Under circumstances not amounting to an offense under
 
 8           paragraph (a) or (b), commits an act of domestic
 
 9           violence after having committed:
 
10           (i)  One or more offenses under paragraph (a) or (b);
 
11                or
 
12          (ii)  On one or more prior occasions, an act of domestic
 
13                violence in the presence of a child not amounting
 
14                to an offense under paragraphs (a) or (b).
 
15      (2)  A person who commits an offense under subsection (1)(a)
 
16 or (b) is guilty of a class C felony.  A person who commits an
 
17 offense under subsection (1)(c) is guilty of a misdemeanor.
 
18      (3)  In this section, unless the context requires otherwise:
 
19      "Child" refers to a minor residing or formerly residing with
 
20 either the offender or the victim.
 
21      "Dangerous instrument" has the same meaning as in section
 
22 707-700.
 

 
 
 
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                                     S.B. NO.           589
                                                        
                                                        

 
 1      "Domestic abuse" means:
 
 2      (a)  Physical harm, bodily injury, assault, or the
 
 3           infliction of fear of imminent physical harm, bodily
 
 4           injury, or assault between family or household members;
 
 5      (b)  Sexual assault of one family or household member by
 
 6           another;
 
 7      (c)  Stalking of one family or household member by another
 
 8           family or household member; or
 
 9      (d)  Intentionally, knowingly, or recklessly causing damage
 
10           to property by one family or household member so as to
 
11           intimidate or attempt to control the behavior of
 
12           another family or household member.
 
13      "Family or household member" has the same meaning as in
 
14 section 709-906.
 
15      "In the presence of a child" means:
 
16      (a)  In the physical presence of a child; or
 
17      (b)  Having knowledge that a child is present and may hear
 
18           or see an act of domestic abuse.
 
19      "Serious bodily injury" has the same meaning as in section
 
20 707-700."
 
21      SECTION 3.  This Act does not affect rights and duties that
 
22 matured, penalties that were incurred, and proceedings that were
 

 
 
 
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                                     S.B. NO.           589
                                                        
                                                        

 
 1 begun before its effective date.
 
 2      SECTION 4.  New statutory material is underscored.
 
 3      SECTION 5.  This Act shall take effect upon its approval.
 
 4 
 
 5                           INTRODUCED BY:_________________________