Domestic Violence; 48-Hr Hold

Extends from 24 to 48 hours the time in which a police officer
may order a person to leave the premises of a domestic violence
incident.  (HB1843 HD1)

HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  The legislature finds that there is a need to
 2 extend the "cooling off" period for alleged perpetrators of
 3 domestic violence to provide for additional time for crisis
 4 intervention and to ensure the safety of the victim and the
 5 victim's children, if any.  Accordingly, the purpose of this Act
 6 is to amend the "cooling off" period in section 709-906, Hawaii
 7 Revised Statutes, in which a police officer may order a person to
 8 leave the premises of a domestic violence incident, from twenty-
 9 four to forty-eight hours.
10      SECTION 2.  Section 709-906, Hawaii Revised Statutes, is
11 amended by amending subsection (4) to read as follows:
12      "(4)  Any police officer, with or without a warrant, may
13 take the following course of action where the officer has
14 reasonable grounds to believe that there was physical abuse or
15 harm inflicted by one person upon a family or household member,
16 regardless of whether the physical abuse or harm occurred in the
17 officer's presence:
18      (a)  The police officer may make reasonable inquiry of the
19           family or household member upon whom the officer

Page 2                                                     1843
                                     H.B. NO.           H.D. 1

 1           believes physical abuse or harm has been inflicted and
 2           other witnesses as there may be;
 3      (b)  Where the police officer has reasonable grounds to
 4           believe that there is probable danger of further
 5           physical abuse or harm being inflicted by one person
 6           upon a family or household member, the police officer
 7           lawfully may order the person to leave the premises for
 8           a period of separation of [twenty-four] forty-eight
 9           hours, during which time the person shall not initiate
10           any contact, either by telephone or in person, with the
11           family or household member; provided that the person is
12           allowed to enter the premises with police escort to
13           collect any necessary personal effects;
14      (c)  Where the police officer makes the finding referred to
15           in paragraph (b) and the incident occurs after 12:00
16           p.m. on any Friday, or on any Saturday, Sunday, or
17           legal holiday, the order to leave the premises and to
18           initiate no further contact shall commence immediately
19           and be in full force, but the [twenty-four] forty-eight
20           hour period shall be enlarged and extended until 4:30
21           p.m. on the first day following the weekend or legal
22           holiday;

Page 3                                                     1843
                                     H.B. NO.           H.D. 1

 1      (d)  All persons who are ordered to leave as stated above
 2           shall be given a written warning citation stating the
 3           date, time, and location of the warning and stating the
 4           penalties for violating the warning.  A copy of the
 5           warning citation shall be retained by the police
 6           officer and attached to a written report which shall be
 7           submitted in all cases.  A third copy of the warning
 8           citation shall be given to the abused person;
 9      (e)  If the person so ordered refuses to comply with the
10           order to leave the premises or returns to the premises
11           before the expiration of the period of separation, or
12           if the person so ordered initiates any contact with the
13           abused person, the person shall be placed under arrest
14           for the purpose of preventing further physical abuse or
15           harm to the family or household member; and
16      (f)  The police officer may seize all firearms and
17           ammunition that the police officer has reasonable
18           grounds to believe were used or threatened to be used
19           in the commission of an offense under this section."
20      SECTION 3.  This Act does not affect rights and duties that
21 matured, penalties that were incurred, and proceedings that were
22 begun, before its effective date.

Page 4                                                     1843
                                     H.B. NO.           H.D. 1

 1      SECTION 4.  Statutory material to be repealed is bracketed.
 2 New statutory material is underscored.
 3      SECTION 5.  This Act shall take effect upon its approval.