Report Title:

Domestic Abuse, Child Present

 

Description:

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

 

HOUSE OF REPRESENTATIVES

H.B. NO.

387

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO DOMESTIC ABUSE.

 

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

SECTION 1. The legislature finds that children are horrendously impacted by domestic violence and abuse. Specifically, the legislature finds that:

(1) An estimated 3,300,000 children witness domestic violence and abuse each year;

(2) Children who are exposed to domestic violence and abuse in their homes suffer substantial psychological and physical damage;

(3) There is strong evidence that the children of abusers suffer deep mental scars and are more likely to grow up to be abusers themselves unless they receive assistance and counseling;

(4) Children from violent homes have higher risks of substance abuse and juvenile delinquency;

(5) Violent juvenile delinquents are four times more likely than nonviolent juvenile delinquents to have come from homes where domestic violence and abuse occurs;

(6) Children who witness domestic violence and abuse against a parent often believe that they are responsible for the violence and abuse; and

(7) In Hawaii, there currently are approximately ten thousand children who are exposed to domestic violence and abuse in the home and are in critical need of counseling to overcome the traumatic psychological and emotional effects of such exposure.

The legislature strongly believes that legislation is needed to provide greater protection for children and to help break the cycle of abuse experienced by children exposed to domestic violence and abuse.

Accordingly, the purpose of this Act is to create a new offense of the commission of domestic abuse in the presence of a child.

SECTION 2. Chapter 709, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§709- Commission of domestic abuse in the presence of a child. (1) A person commits the offense of commission of domestic abuse in the presence of a child if the person, in the presence of a child:

(a) Commits or attempts to commit murder in the first degree, murder in the second degree, or manslaughter against a family or household member;

(b) Intentionally causes serious bodily injury to a family or household member or uses a dangerous instrument or other means or force likely to produce death or serious bodily injury against a family or household member; or

(c) Under circumstances not amounting to an offense under paragraph (a) or (b), commits an act of domestic violence after having committed:

(i) One or more offenses under paragraph (a) or (b); or

(ii) On one or more prior occasions, an act of domestic violence in the presence of a child not amounting to an offense under paragraph (a) or (b).

(2) A person who commits an offense under subsection (1)(a) or (b) is guilty of a class C felony. A person who commits an offense under subsection (1)(c) is guilty of a misdemeanor.

(3) In this section, unless the context requires otherwise:

"Child" refers to a minor residing or formerly residing with either the offender or the victim.

"Dangerous instrument" has the same meaning as in section 707-700.

"Domestic abuse" means:

(a) Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury, or assault between family or household members;

(b) Sexual assault of one family or household member by another;

(c) Stalking of one family or household member by another family or household member; or

(d) Intentionally, knowingly, or recklessly causing damage to property by one family or household member so as to intimidate or attempt to control the behavior of another family or household member.

"Family or household member" has the same meaning as in section 709-906.

"In the presence of a child" means:

(a) In the physical presence of a child; or

(b) Having knowledge that a child is present and may hear or see an act of domestic abuse.

"Serious bodily injury" has the same meaning as in section 707-700."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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