HOUSE OF REPRESENTATIVES

H.B. NO.

1919

TWENTY-SIXTH LEGISLATURE, 2012

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RElating to domestic violence.

 

 

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

 


PART I

     SECTION 1.  The State continues to be plagued by incidents of domestic violence.  Because of the unique nature of this crime and the far-reaching effects on domestic violence victims, it would be helpful to establish a dedicated court meant to address domestic violence cases.

     The legislature finds that other states have experienced success with domestic violence courts, which have been shown to result in swift, certain, and consistent responses to domestic violence, as well as enhanced victim safety and improved access to court case information, social services, housing, and counseling.

     The purpose of this part is to establish a domestic violence court pilot program for three years.

     SECTION 2.  (a)  There is established a three-year domestic violence court pilot program within the family court to which shall be referred:

     (1)  Any offense committed against a child by the child's parent or guardian, or by any other person having the child's legal or physical custody, and any violation of section 709-906;

     (2)  Any adult charged with:

         (A)  An offense, other than a felony, against the person of the defendant's spouse, civil union partner, or reciprocal beneficiary; or

         (B)  Any violation of an order issued pursuant to chapter 586; and

     (3)  All proceedings under chapter 586.

     (b)  The judge of the domestic violence court shall be one of the existing family court judges in the first circuit court, to be selected by the chief justice and the senior judge of the family court.  The activities of the domestic violence court shall be supported by related case-management and auxiliary and support services, treatment, and intensive supervision mechanisms.

     (c)  The judge of the domestic violence court shall:

     (1)  Preside only in the domestic violence court;

     (2)  Preside over each case from arraignment through disposition; and

     (3)  Monitor offenders and their compliance with orders of protection granted under chapter 586.

     (d)  The domestic violence court shall be supported by:

     (1)  A resource coordinator who is a licensed social worker in the State and whose duties shall include:

         (A)  Preparing offender and victim information for the judge of the domestic violence court;

         (B)  Working with relevant agencies and persons, including the department of human services, law enforcement, prosecutors, and defense counsel, to coordinate information and ensure prompt reporting; and

         (C)  Screening and referring offenders to court-mandated programs; and

     (2)  An on-site victim advocate who shall be a licensed social worker in the State and whose duties shall include:

         (A)  Serving as a primary contact to victims throughout the court proceedings;

         (B)  Coordinating social services for victims with established service organizations that will assist with housing, counseling, and the creation of safety plans for victims; and

         (C)  Providing victims with information about criminal proceedings and special conditions within their orders of protection.

     (e)  The domestic violence court shall have broad authority to:

     (1)  Require domestic violence offenders to attend rehabilitation, education, vocation, medical, mental-health, and substance abuse treatment programs; and

     (2)  Monitor for at least one year:

         (A)  The execution of the treatment plan of the domestic violence offender; and

         (B)  The domestic violence offender's compliance with the requirements of the treatment plan, including regular appearances before the domestic violence court to report on the domestic violence offender's progress.

     (f)  The judiciary shall submit an annual report on the domestic violence court pilot program with findings and recommendations to the legislature no later than twenty days prior to the convening of the 2013, 2014, and 2015 regular sessions.

PART II

     SECTION 3.  (a)  There is established in the department of human services, for administrative purposes only, a temporary domestic violence task force.  The task force shall discuss and seek input on policy to address domestic violence in Hawaii.

     (b)  The task force shall consist of nine members as follows:

     (1)  A member of the house of representatives appointed by the speaker of the house of representatives;

     (2)  A member of the senate appointed by the president of the senate;

     (3)  The director of human services or the director's designee;

     (4)  The director of health or the director's designee;

     (5)  The superintendent of education or the superintendent's designee;

     (6)  One representative of the family court appointed by the chief justice of the Hawaii supreme court; and

     (7)  Three members appointed by the governor from a list submitted jointly by the speaker of the house of representatives and the president of the senate, with each member representing a different organization with experience in domestic violence issues; provided that the appointments shall not be subject to advise and consent of the senate.

     (c)  Members of the task force shall serve without compensation and shall receive no reimbursement for expenses.

     (d)  All proceedings and records of the task force shall be exempt from chapter 92, Hawaii Revised Statutes.

     (e)  The task force shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2013.

     (f)  The task force shall cease to exist on June 30, 2013.

PART III

     SECTION 4.  (a)  The department of human services may create a family justice center task force to consider the establishment of one or more multi-agency, multi-disciplinary family justice centers on any island in the State to assist victims of domestic violence, as well as to provide related family-based social services.

     (b)  The family justice center task force shall consist of the following members:

     (1)  The director of human services or the director's designee;

     (2)  The director of health or the director's designee;

     (3)  The superintendent of education or the superintendent's designee;

     (4)  A representative from the department of the prosecuting attorney, city and county of Honolulu;

     (5)  A representative from family court to be appointed by the chief justice of the Hawaii supreme court;

     (6)  Two social workers from the department of human services to be appointed by the director;

     (7)  Three members from organizations that provide services for domestic violence victims to be appointed by the governor; provided that each member shall be from a different county;

     (8)  The director of the executive office on aging or the director's designee;

     (9)  Three members from long term care organizations to be appointed by the governor;

    (10)  One member to be appointed by the speaker of the house of representatives; and

    (11)  One member to be appointed by the president of the senate.

     (c)  The family justice center task force's members shall serve without any compensation.

     (d)  The family justice center task force shall:

     (1)  Coordinate with relevant state and county agencies and local nonprofit service providers to identify those services that are most needed;

     (2)  Identify all federal, state, county, or private funds for the establishment of a family justice center; and

     (3)  Develop an informed consent process to authorize the sharing of confidential, privileged, or protected information between individuals or agencies working in a family justice center.

     (e)  The task force shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2013.

     (f)  The task force shall cease to exist on June 30, 2013.

PART IV

     SECTION 5.  Existing state law does not require family members to immediately report any known or suspected child abuse or neglect to the department of human services or the police.  In many instances, the family has first-hand knowledge of abuse or neglect situations within their family not available to other persons who have no interactions within the family.  However, because of the family connections, the abuse or neglect is not reported, sometimes resulting in serious health and safety consequences for the child.

     The inclusion of family members as mandated reporters of child abuse or neglect will help ensure that instances of known child abuse or neglect will be reported directly to child welfare services or the police without delay by those who observe it.  Direct reporting by those who observe the acts will ensure that the best evidence of abuse or neglect is obtained by police and will provide child welfare services the opportunity to intervene more expeditiously for the safety and well-being of the children involved.

     The purpose of this part is to require certain family members to report child abuse and neglect.

     SECTION 6.  Section 350-1.1, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Notwithstanding any other state law concerning confidentiality to the contrary, the following persons who, in their professional or official capacity, have reason to believe that child abuse or neglect has occurred or that there exists a substantial risk that child abuse or neglect may occur in the reasonably foreseeable future, shall immediately report the matter orally to the department or to the police department:

     (1)  Any licensed or registered professional of the healing arts or any health-related occupation who examines, attends, treats, or provides other professional or specialized services, including [but not limited to] physicians, [including] physicians in training, psychologists, dentists, nurses, osteopathic physicians and surgeons, optometrists, chiropractors, podiatrists, pharmacists, and other health-related professionals;

     (2)  Employees or officers of any public or private school;

     (3)  Employees or officers of any public or private agency or institution, or other individuals, providing social, medical, hospital, or mental health services, including financial assistance;

     (4)  Employees or officers of any law enforcement agency, including [but not limited to] the courts, police departments, the department of public safety, correctional institutions, and parole or probation offices;

     (5)  Individual providers of child care, or employees or officers of any licensed or registered child care facility, foster home, or similar institution;

     (6)  Medical examiners or coroners; [and]

     (7)  Employees of any public or private agency providing recreational or sports activities[.]; and

     (8)  Any member of a family as defined in section 587A-4 who has reached the age of majority and who has knowledge that child abuse or neglect in the family is occurring or has knowledge that a child in the family has been harmed due to abuse or neglect; provided that family members who are victims of domestic violence shall not be required to report child abuse or neglect under this section if the alleged perpetrator is actively abusing both the child and the family member."

PART V

     SECTION 7.  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] subsection 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] subsection as follows:

     (1)  For a first conviction for 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; and

     (2)  For the second and any subsequent conviction for 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.

     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) and (2), upon condition that the defendant remain alcohol and drug-free, conviction-free, or complete court-ordered assessments or intervention.  Nothing in this [section] subsection shall be construed as limiting the discretion of the judge to impose additional sanctions authorized in sentencing for a misdemeanor.

     If the court finds that the defendant has knowledge of the location of any protected party's residence, place of employment, or school, in addition to any other penalties provided in this subsection, the court, as a condition of probation, may prohibit contact with the protected party through the establishment of court-defined geographic exclusion zones, including the areas in and around the protected party's residence, place of employment, or school, and order that the defendant wear a global positioning satellite tracking device designed to transmit and record the defendant's location data.  If the defendant enters a court-defined geographic exclusion zone, the defendant's location data shall be immediately transmitted to the protected party and to the police through any appropriate means, including the telephone, an electronic beeper, or a paging device.  The global positioning satellite tracking device and its tracking shall be administered by the court.  If a court finds that the defendant has entered a geographic exclusion zone, the court shall revoke the probation and the defendant shall be fined, imprisoned, or both, as provided in this subsection.  Based on the defendant's ability to pay, the court may also order the defendant to pay the monthly costs or portion thereof for monitoring by the global positioning satellite tracking system."

     SECTION 8.  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] subsection 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] subsection 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;

         (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;

         (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.

     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] paragraphs (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] subsection 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.

     If the court finds that the defendant has knowledge of the location of any protected party's residence, place of employment, or school, in addition to any other penalties provided in this subsection, the court, as a condition of probation, may prohibit contact with the protected party through the establishment of court-defined geographic exclusion zones, including the areas in and around the protected party's residence, place of employment, or school, and order that the defendant wear a global positioning satellite tracking device designed to transmit and record the defendant's location data.  If the defendant enters a court-defined geographic exclusion zone, the defendant's location data shall be immediately transmitted to the protected party and to the police through any appropriate means, including the telephone, an electronic beeper, or a paging device.  The global positioning satellite tracking device and its tracking shall be administered by the court.  If a court finds that the defendant has entered a geographic exclusion zone, the court shall revoke the probation and the defendant shall be fined, imprisoned, or both, as provided in this subsection.  Based on the defendant's ability to pay, the court may also order the defendant to pay the monthly costs or portion thereof for monitoring by the global positioning satellite tracking system."

     SECTION 9.  The judiciary shall establish and implement the provisions relating to global satellite tracking devices under sections 7 and 8 within one year of the effective date of this Act.

PART VI

     SECTION 10.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 11.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 12.  This Act shall take effect on July 1, 2012; provided that:

     (1)  Part I shall be repealed on July 1, 2015, and upon such repeal section 571-14(a), Hawaii Revised Statutes, shall be reenacted in the form in which it read on the day before the effective date of this Act; and

     (2)  Part V shall take effect on July 1, 2012 and shall be repealed on July 1, 2014; provided further that sections 586-4(e) and 586-11(a), Hawaii Revised Statutes, shall be reenacted in the form in which they read on the day before the effective date of this Act.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Domestic Violence

 

Description:

 

Establishes a domestic violence court pilot program and a domestic violence task force. authorizes the department of human services to create a family justice task force. Broadens the group of persons required to report child abuse and neglect. Authorizes electronic monitoring of persons convicted of violating a domestic abuse temporary restraining order or protective order.

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.