REPORT TITLE:
Abuse of Family/Household Mbrs


DESCRIPTION:
Creates three new classes of offenses for abuse of family or
household members; authorizes police to order person to leave
premises if officer has reasonable grounds to believe infliction
of abuse is imminent; repeals current law on abuse of family or
household members, section 709-906, HRS.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1837 
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO ABUSE OF FAMILY OR HOUSEHOLD MEMBERS.



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

 1      SECTION 1.  Chapter 709, Hawaii Revised Statutes, is amended
 
 2 by adding a new part to be appropriately designated and to read
 
 3 as follows:
 
 4          "PART  .  ABUSE OF FAMILY OR HOUSEHOLD MEMBERS
 
 5      709-A  Definitions.  For the purposes of this part:
 
 6      "Dangerous instrument" has the same meaning as provided in
 
 7 section 707-700.
 
 8      "Family or household member" means spouses or reciprocal
 
 9 beneficiaries, former spouses or reciprocal beneficiaries,
 
10 persons who have a child in common, parents, children, persons
 
11 related by consanguinity, and persons jointly residing or
 
12 formerly residing in the same dwelling unit.
 
13      "Serious bodily injury" has the same meaning as provided in
 
14 section 707-700.
 
15      "Substantial bodily injury" has the same meaning as provided
 
16 in section 707-700.
 
17      "Two prior misdemeanor convictions for abuse of family or
 
18 household member" refer to any combination of two convictions:
 
19 either in this State for a misdemeanor offense of abuse of family
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 or household member; or in any other state or federal
 
 2 jurisdiction for an offense that is comparable to an offense of
 
 3 abuse of family or household member in the second degree under
 
 4 section 709-C.
 
 5      709-B  Abuse of family or household member in the first
 
 6 degree.  (1)  A person commits the offense of abuse of family or
 
 7 household member in the first degree if:
 
 8      (a)  The person:
 
 9           (i)  Intentionally or knowingly causes substantial
 
10                bodily injury;
 
11          (ii)  Recklessly causes serious bodily injury; or
 
12         (iii)  Intentionally or knowingly causes bodily injury,
 
13                with a dangerous instrument, to a family or
 
14                household member;
 
15      (b)  The person:
 
16           (i)  With the intent to terrorize, or in reckless
 
17                disregard of the risk of terrorizing, a family or
 
18                household member; and
 
19          (ii)  By word or conduct, threatens, either on more than
 
20                one occasion for the same or a similar purpose or
 
21                using a dangerous instrument, to:
 
22                (A)  Cause bodily injury to, or serious damage to
 
23                     property of, a family or household member; or
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1                (B)  Commit a felony;
 
 2           or
 
 3      (c)  The person commits the offense of abuse of family or
 
 4           household member in the second degree subsequent to:
 
 5           (i)  A conviction for abuse of family or household
 
 6                member in the second degree; or
 
 7          (ii)  One prior misdemeanor conviction for abuse of a
 
 8                family or household member.
 
 9      (2)  Abuse of family or household member in the first degree
 
10 is a class C felony.
 
11      (3)  Any person violating this section shall be sentenced to
 
12 a mandatory minimum ninety-day term of imprisonment.
 
13      (4)  Upon conviction and sentencing of the defendant, the
 
14 court shall order that the defendant immediately be incarcerated
 
15 to serve the mandatory minimum sentence imposed; provided that
 
16 the defendant may be admitted to bail pending appeal pursuant to
 
17 chapter 804.  The court may stay the imposition of the sentence
 
18 if special circumstances exist.
 
19      709-C  Abuse of family or household member in the second
 
20 degree.  (1)  A person commits the offense of abuse of family or
 
21 household member in the second degree if:
 
22      (a)  The person:
 
23           (i)  Intentionally, knowingly, or recklessly causes
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1                bodily injury; or
 
 2          (ii)  Negligently causes bodily injury, with a dangerous
 
 3                instrument, to a family or household member; or
 
 4      (b)  The person threatens, by word or conduct, to:
 
 5           (i)  Cause bodily injury to, or serious damage to
 
 6                property of, a family or household member; or
 
 7          (ii)  Commit a felony, with the intent to terrorize or
 
 8                in reckless disregard of the risk of terrorizing a
 
 9                family or household member;
 
10      (2)  Abuse of family or household member in the second
 
11 degree is a misdemeanor.
 
12      (3)  Any person violating this section shall be sentenced as
 
13 follows:
 
14      (a)  For the first offense the person shall serve a minimum
 
15           term of forty-eight hours imprisonment; and
 
16      (b)  For a second offense, the person shall serve a minimum
 
17           term of thirty days of imprisonment.
 
18      (4)  Upon conviction and sentencing of the defendant, the
 
19 court shall order that the defendant immediately be incarcerated
 
20 to serve the mandatory minimum sentence imposed; provided that
 
21 the defendant may be admitted to bail pending appeal pursuant to
 
22 chapter 804.  The court may stay the imposition of the sentence
 
23 if special circumstances exist.
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1      709-D  Abuse of family or household member in the third
 
 2 degree.  (1)  A person commits the offense of abuse of family or
 
 3 household member in the third degree if the person, with intent
 
 4 to harass, annoy, or alarm a family or household member:
 
 5      (a)  Strikes, shoves, kicks, or otherwise touches the family
 
 6           or household member in an offensive manner or subjects
 
 7           the family or household member to offensive physical
 
 8           contact;
 
 9      (b)  Repeatedly makes telephone calls, facsimile, or
 
10           electronic mail transmissions to a family or household
 
11           member without purpose of legitimate communication; or
 
12      (c)  Repeatedly makes communications, after being advised by
 
13           the family or household member to whom the
 
14           communication is directed that further communication is
 
15           unwelcome.
 
16      (2)  Abuse of family or household member in the third degree
 
17 is a petty misdemeanor.
 
18      709-E  Authorized actions of law enforcement officers with
 
19 respect to abuse of family or household member.  (1)  Any police
 
20 officer, with or without a warrant, may arrest a person if the
 
21 officer has reasonable grounds to believe that the person is
 
22 abusing, or has abused, a family or household member and that the
 
23 person arrested is guilty of an offense of abuse of a family or
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 household member under this part.
 
 2      (2)  The police, in investigating any complaint of abuse of
 
 3 a family or household member, upon request, may transport the
 
 4 abused person to a hospital or safe shelter.
 
 5      (3)  Any police officer who has reasonable grounds to
 
 6 believe either that abuse has been inflicted by one person upon a
 
 7 family or household member, regardless of whether the abuse
 
 8 occurred in the officer's presence, or that abuse may be imminent
 
 9 may take the following course of action, with or without a
 
10 warrant:
 
11      (a)  The police officer may make reasonable inquiry of the
 
12           family or household member upon whom the officer
 
13           believes abuse has been inflicted or may be imminent;
 
14      (b)  The police officer may make reasonable inquiry of any
 
15           other witnesses that may be present;
 
16      (c)  Where the police officer has reasonable grounds to
 
17           believe that there is probable danger of imminent abuse
 
18           being inflicted by one person upon a family or
 
19           household member, the police officer lawfully may order
 
20           the person to leave the premises for a period of
 
21           separation of twenty-four hours, during which time the
 
22           person shall not initiate any contact, either by
 
23           telephone or in person, with the family or household
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1           member; provided that the person is allowed to enter
 
 2           the premises with police escort to collect any
 
 3           necessary personal effects;
 
 4      (d)  Where the police officer makes the finding referred to
 
 5           in paragraph (b) and the incident occurs after 12:00
 
 6           p.m. on any Friday or on any Saturday, Sunday, or legal
 
 7           holiday, the order to leave the premises and to
 
 8           initiate no further contact shall commence immediately
 
 9           and be in full force, but the twenty-four-hour period
 
10           shall be enlarged and extended until 4:30 p.m. on the
 
11           first day following the weekend or legal holiday;
 
12      (e)  The police officer shall give a written warning
 
13           citation to any person ordered to leave premises
 
14           pursuant to this section.  The written warning citation
 
15           shall state the date, time, and location of the warning
 
16           and the penalties for violating the warning.  The
 
17           police officer shall retain a copy of the warning
 
18           citation and attach it to the written report required
 
19           to be submitted in all cases.  The police officer shall
 
20           give a third copy of the warning citation to the
 
21           remaining family or household member;
 
22      (f)  If the person ordered to leave the premises refuses to
 
23           comply with the order or returns to the premises before
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1           the expiration of the period of separation, or if the
 
 2           person so ordered initiates any contact with the
 
 3           remaining family or household member, the person shall
 
 4           be placed under arrest for the purpose of preventing
 
 5           abuse to the family or household member; and
 
 6      (g)  The police officer may seize all firearms and
 
 7           ammunition that the police officer has reasonable
 
 8           grounds to believe were used or threatened to be used
 
 9           in the commission of an offense under this part.
 
10      709-F  Violation of a lawful order to leave the premises,
 
11 penalty.  (1)  Any violation of or refusal to comply with the
 
12 lawful order of a police officer to leave the premises under
 
13 section 709-E(3)(c) is a misdemeanor.
 
14      (2)  Any person violating this section shall be sentenced as
 
15 follows:
 
16      (a)  For the first offense the person shall serve a minimum
 
17           jail sentence of forty-eight hours; and
 
18      (b)  For a second offense and any other subsequent offense
 
19           that occurs within one year of the previous offense,
 
20           the person shall be termed a "repeat offender" and
 
21           serve a minimum jail sentence of thirty days.
 
22      (3)  Upon conviction and sentencing of the defendant, the
 
23 court shall order that the defendant immediately be incarcerated
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 to serve the mandatory minimum sentence imposed; provided that
 
 2 the defendant may be admitted to bail pending appeal pursuant to
 
 3 chapter 804.  The court may stay the imposition of the sentence
 
 4 if special circumstances exist.
 
 5      709-G  Mandatory domestic violence intervention programs.
 
 6 (1)  Whenever a court sentences a person pursuant to this part,
 
 7 it also shall require that the offender undergo any available
 
 8 domestic violence intervention programs ordered by the court.
 
 9 However, the court may suspend any portion of a jail sentence,
 
10 except for any mandatory sentences, upon the condition that the
 
11 defendant remains arrest-free and conviction-free or complete
 
12 court-ordered intervention.
 
13      (2)  When a person is ordered by the court to undergo any
 
14 domestic violence intervention, that person shall provide
 
15 adequate proof of compliance with the court's order.  The court
 
16 shall order a subsequent hearing at which the person is required
 
17 to make an appearance, on a date certain, to determine whether
 
18 the person has completed the ordered domestic violence
 
19 intervention; provided that the court may waive the subsequent
 
20 hearing and appearance if a court officer has established that
 
21 the person has completed the intervention ordered by the court.
 
22      709-H  Right of victim of abuse of family or household
 
23 member; assistance of prosecuting attorney.  (1)  A family or
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 household member who has been abused by another person may
 
 2 petition the family court, with the assistance of the prosecuting
 
 3 attorney of the applicable county, for a penal summons or arrest
 
 4 warrant to issue forthwith or may file a criminal complaint
 
 5 through the prosecuting attorney of the applicable county.
 
 6      (2)  The respondent shall be taken into custody and brought
 
 7 before the family court at the first possible opportunity.  The
 
 8 court may dismiss the petition or hold the respondent in custody,
 
 9 subject to bail.  Where the petition is not dismissed, a hearing
 
10 shall be set.
 
11      (3)  It shall be the duty of the prosecuting attorney of the
 
12 applicable county to assist any victim under this section in the
 
13 preparation of the penal summons or arrest warrant.
 
14      (4)  This section shall not preclude the abused family or
 
15 household member from pursuing any other remedy under law or in
 
16 equity.
 
17      709-I  Good faith immunity.  Any police officer who arrests
 
18 a person pursuant to this part shall not be subject to any civil
 
19 or criminal liability; provided that the police officer acts in
 
20 good faith, upon reasonable belief, and does not exercise
 
21 unreasonable force in effecting the arrest.
 
22      709-J  Interpretation.  This part shall not operate as a
 
23 bar against prosecution under any other section of this code in
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 lieu of prosecution for abuse of a family or household member
 
 2 under this part."
 
 3      SECTION 2.  Chapter 706, Hawaii Revised Statutes, is amended
 
 4 by adding a new section to be appropriately designated and to
 
 5 read as follows:
 
 6      "706-    Enhanced sentencing.  Whenever a person is
 
 7 convicted of a felony offense under chapter 707 or section 708-
 
 8 820 or 708-821 and the trier of fact has made a determination
 
 9 that the offense involves family or household members as defined
 
10 in section 709-A, the court shall sentence the person to a
 
11 mandatory minimum term of imprisonment as provided in section
 
12 709-B.  Nothing in this section shall be construed to prevent a
 
13 court from imposing a longer term of imprisonment otherwise
 
14 authorized by law."
 
15      SECTION 3.  Chapter 709, Hawaii Revised Statutes, is amended
 
16 by designating sections 709-900 to 709-908 as part I, entitled
 
17 "General Provisions".
 
18      SECTION 4.  Section 706-606.5, Hawaii Revised Statutes, is
 
19 amended by amending subsection (1) to read as follows:
 
20      "(1)  Notwithstanding section 706-669 and any other law to
 
21 the contrary, any person convicted of murder in the second
 
22 degree, any class A felony, any class B felony, or any of the
 
23 following class C felonies:  section 707-703 relating to
 

 
Page 12                                                    1837 
                                     H.B. NO.           
                                                        
                                                        

 
 1 negligent homicide in the first degree; 707-711 relating to
 
 2 assault in the second degree; 707-713 relating to reckless
 
 3 endangering in the first degree; 707-716 relating to terroristic
 
 4 threatening in the first degree; 707-721 relating to unlawful
 
 5 imprisonment in the first degree; 707-732 relating to sexual
 
 6 assault or rape in the third degree; 707-735 relating to sodomy
 
 7 in the third degree; 707-736 relating to sexual abuse in the
 
 8 first degree; 707-751 relating to promoting child abuse in the
 
 9 second degree; 707-766 relating to extortion in the second
 
10 degree; 708-811 relating burglary in the second degree; 708-821
 
11 relating to criminal property damage in the second degree;
 
12 708-831 relating to theft in the first degree as amended by Act
 
13 68, Session Laws of Hawaii 1981; 708-831 relating to theft in the
 
14 second degree; 708-835.5 relating to theft of livestock; 708-836
 
15 relating to unauthorized control of propelled vehicle; 708-852
 
16 relating to forgery in the second degree; 708-854 relating to
 
17 criminal possession of a forgery device; 708-875 relating to
 
18 trademark counterfeiting; 709-B relating to abuse of family or
 
19 household member in the first degree; 710-1031 relating to
 
20 intimidation of a correctional worker; 710-1071 relating to
 
21 intimidating a witness; 711-1103 relating to riot; 712-1203
 
22 relating to promoting prostitution in the second degree; 712-1221
 
23 relating to gambling in the first degree; 712-1224 relating to
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 possession of gambling records in the first degree; 712-1243
 
 2 relating to promoting a dangerous drug in the third degree;
 
 3 712-1247 relating to promoting a detrimental drug in the first
 
 4 degree; 134-7 relating to ownership or possession of firearms or
 
 5 ammunition by persons convicted of certain crimes; 134-8 relating
 
 6 to ownership, etc., of prohibited weapons; 134-9 relating to
 
 7 permits to carry, or who is convicted of attempting to commit
 
 8 murder in the second degree, any class A felony, any class B
 
 9 felony, or any of the class C felony offenses enumerated above
 
10 and who has a prior conviction or prior convictions for the
 
11 following felonies, including an attempt to commit the same:
 
12 murder, murder in the first or second degree, a class A felony, a
 
13 class B felony, any of the class C felony offenses enumerated
 
14 above, or any felony conviction of another jurisdiction shall be
 
15 sentenced to a mandatory minimum period of imprisonment without
 
16 possibility of parole during such period as follows:
 
17      (a)  One prior felony conviction:
 
18           (i)  Where the instant conviction is for murder in the
 
19                second degree or attempted murder in the second
 
20                degree--ten years;
 
21          (ii)  Where the instant conviction is for a class A
 
22                felony--six years, eight months;
 
23         (iii)  Where the instant conviction is for a class B
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1                felony--three years, four months;
 
 2          (iv)  Where the instant conviction is for a class C
 
 3                felony offense enumerated above--one year, eight
 
 4                months;
 
 5      (b)  Two prior felony convictions:
 
 6           (i)  Where the instant conviction is for murder in the
 
 7                second degree or attempted murder in the second
 
 8                degree--twenty years;
 
 9          (ii)  Where the instant conviction is for a class A
 
10                felony--thirteen years, four months;
 
11         (iii)  Where the instant conviction is for a class B
 
12                felony--six years, eight months;
 
13          (iv)  Where the instant conviction is for a class C
 
14                felony offense enumerated above--three years, four
 
15                months;
 
16      (c)  Three or more prior felony convictions:
 
17           (i)  Where the instant conviction is for murder in the
 
18                second degree or attempted murder in the second
 
19                degree--thirty years;
 
20          (ii)  Where the instant conviction is for a class A
 
21                felony--twenty years;
 
22         (iii)  Where the instant conviction is for a class B
 
23                felony--ten years;
 

 
Page 15                                                    1837 
                                     H.B. NO.           
                                                        
                                                        

 
 1          (iv)  Where the instant conviction is for a class C
 
 2                felony offense enumerated above--five years."
 
 3      SECTION 5.  Section 709-906, Hawaii Revised Statutes, is
 
 4 repealed.
 
 5      ["709-906  Abuse of family and household members; penalty.
 
 6 (1)  It shall be unlawful for any person, singly or in concert,
 
 7 to physically abuse a family or household member or to refuse
 
 8 compliance with the lawful order of a police officer under
 
 9 subsection (4).  The police, in investigating any complaint of
 
10 abuse of a family or household member, upon request, may
 
11 transport the abused person to a hospital or safe shelter.
 
12      For the purposes of this section, "family or household
 
13 member" means spouses or reciprocal beneficiaries, former spouses
 
14 or reciprocal beneficiaries, persons who have a child in common,
 
15 parents, children, persons related by consanguinity, and persons
 
16 jointly residing or formerly residing in the same dwelling unit.
 
17      (2)  Any police officer, with or without a warrant, may
 
18 arrest a person if the officer has reasonable grounds to believe
 
19 that the person is physically abusing, or has physically abused,
 
20 a family or household member and that the person arrested is
 
21 guilty thereof.
 
22      (3)  A police officer who has reasonable grounds to believe
 
23 that the person is physically abusing, or has physically abused,
 

 
Page 16                                                    1837 
                                     H.B. NO.           
                                                        
                                                        

 
 1 a family or household member shall prepare a written report.
 
 2      (4)  Any police officer, with or without a warrant, may take
 
 3 the following course of action where the officer has reasonable
 
 4 grounds to believe that there was physical abuse or harm
 
 5 inflicted by one person upon a family or household member,
 
 6 regardless of whether the physical abuse or harm occurred in the
 
 7 officer's presence:
 
 8      (a)  The police officer may make reasonable inquiry of the
 
 9           family or household member upon whom the officer
 
10           believes physical abuse or harm has been inflicted and
 
11           other witnesses as there may be;
 
12      (b)  Where the police officer has reasonable grounds to
 
13           believe that there is probable danger of further
 
14           physical abuse or harm being inflicted by one person
 
15           upon a family or household member, the police officer
 
16           lawfully may order the person to leave the premises for
 
17           a period of separation of twenty-four hours, during
 
18           which time the person shall not initiate any contact,
 
19           either by telephone or in person, with the family or
 
20           household member; provided that the person is allowed
 
21           to enter the premises with police escort to collect any
 
22           necessary personal effects;
 
23      (c)  Where the police officer makes the finding referred to
 

 
Page 17                                                    1837 
                                     H.B. NO.           
                                                        
                                                        

 
 1           in paragraph (b) and the incident occurs after 12:00
 
 2           p.m. on any Friday, or on any Saturday, Sunday, or
 
 3           legal holiday, the order to leave the premises and to
 
 4           initiate no further contact shall commence immediately
 
 5           and be in full force, but the twenty-four hour period
 
 6           shall be enlarged and extended until 4:30 p.m. on the
 
 7           first day following the weekend or legal holiday;
 
 8      (d)  All persons who are ordered to leave as stated above
 
 9           shall be given a written warning citation stating the
 
10           date, time, and location of the warning and stating the
 
11           penalties for violating the warning.  A copy of the
 
12           warning citation shall be retained by the police
 
13           officer and attached to a written report which shall be
 
14           submitted in all cases.  A third copy of the warning
 
15           citation shall be given to the abused person;
 
16      (e)  If the person so ordered refuses to comply with the
 
17           order to leave the premises or returns to the premises
 
18           before the expiration of the period of separation, or
 
19           if the person so ordered initiates any contact with the
 
20           abused person, the person shall be placed under arrest
 
21           for the purpose of preventing further physical abuse or
 
22           harm to the family or household member; and
 
23      (f)  The police officer may seize all firearms and
 

 
Page 18                                                    1837 
                                     H.B. NO.           
                                                        
                                                        

 
 1           ammunition that the police officer has reasonable
 
 2           grounds to believe were used or threatened to be used
 
 3           in the commission of an offense under this section.
 
 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 the first offense the person shall serve a minimum
 
 9           jail sentence of forty-eight hours; and
 
10      (b)  For a second offense and any other subsequent offense
 
11           that occurs within one year of the previous offense,
 
12           the person shall be termed a "repeat offender" and
 
13           serve a minimum jail sentence of thirty days.
 
14 Upon conviction and sentencing of the defendant, the court shall
 
15 order that the defendant immediately be incarcerated to serve the
 
16 mandatory minimum sentence imposed; provided that the defendant
 
17 may be admitted to bail pending appeal pursuant to chapter 804.
 
18 The court may stay the imposition of the sentence if special
 
19 circumstances exist.
 
20      (6)  Whenever a court sentences a person pursuant to
 
21 subsection (5), it also shall require that the offender undergo
 
22 any available domestic violence intervention programs ordered by
 
23 the court.  However, the court may suspend any portion of a jail
 

 
Page 19                                                    1837 
                                     H.B. NO.           
                                                        
                                                        

 
 1 sentence, except for the mandatory sentences under subsection
 
 2 (5)(a) and (b), upon the condition that the defendant remain
 
 3 arrest-free and conviction-free or complete court-ordered
 
 4 intervention.
 
 5      (7)  For any subsequent offense occurring within two years
 
 6 after a second misdemeanor conviction, the person shall be
 
 7 charged with a class C felony.
 
 8      (8)  Any police officer who arrests a person pursuant to
 
 9 this section shall not be subject to any civil or criminal
 
10 liability; provided that the police officer acts in good faith,
 
11 upon reasonable belief, and does not exercise unreasonable force
 
12 in effecting the arrest.
 
13      (9)  The family or household member who has been physically
 
14 abused or harmed by another person may petition the family court,
 
15 with the assistance of the prosecuting attorney of the applicable
 
16 county, for a penal summons or arrest warrant to issue forthwith
 
17 or may file a criminal complaint through the prosecuting attorney
 
18 of the applicable county.
 
19      (10)  The respondent shall be taken into custody and brought
 
20 before the family court at the first possible opportunity.  The
 
21 court may dismiss the petition or hold the respondent in custody,
 
22 subject to bail.  Where the petition is not dismissed, a hearing
 
23 shall be set.
 

 
Page 20                                                    1837 
                                     H.B. NO.           
                                                        
                                                        

 
 1      (11)  This section shall not operate as a bar against
 
 2 prosecution under any other section of this Code in lieu of
 
 3 prosecution for abuse of a family or household member.
 
 4      (12)  It shall be the duty of the prosecuting attorney of
 
 5 the applicable county to assist any victim under this section in
 
 6 the preparation of the penal summons or arrest warrant.
 
 7      (13)  This section shall not preclude the physically abused
 
 8 or harmed family or household member from pursuing any other
 
 9 remedy under law or in equity.
 
10      (14)  When a person is ordered by the court to undergo any
 
11 domestic violence intervention, that person shall provide
 
12 adequate proof of compliance with the court's order.  The court
 
13 shall order a subsequent hearing at which the person is required
 
14 to make an appearance, on a date certain, to determine whether
 
15 the person has completed the ordered domestic violence
 
16 intervention.  The court may waive the subsequent hearing and
 
17 appearance where a court officer has established that the person
 
18 has completed the intervention ordered by the court."]
 
19      SECTION 6.  This Act does not affect rights and duties that
 
20 matured, penalties that were incurred, and proceedings that were
 
21 begun, before its effective date.
 
22      SECTION 7.  In codifying the new part added to chapter 709,
 
23 Hawaii Revised Statutes, by section 1 of this Act, the revisor of
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 statutes shall substitute appropriate section numbers for the
 
 2 letters used in the new sections' designations in this Act.
 
 3      SECTION 8.  Statutory material to be repealed is bracketed.
 
 4 New statutory material is underscored.
 
 5      SECTION 9.  This Act shall take effect upon its approval.
 
 6 
 
 7                           INTRODUCED BY: ________________________