REPORT TITLE:
Dating relationship;
definition


DESCRIPTION:
Amends definition of family or household member to include
persons with a dating history. (HB588 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        588
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D.1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO DOMESTIC VIOLENCE.



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

 1      SECTION 1.  The legislature finds that domestic violence
 
 2 among teenagers is one of the fastest growing types of domestic
 
 3 abuse in the nation.  It is estimated that as many as one-third
 
 4 of all high school and college age individuals may now experience
 
 5 some form of violence in an intimate or dating relationship.  The
 
 6 legislature further finds that teens often fail to recognize that
 
 7 they are the victims of emotional and verbal abuse, which in many
 
 8 cases are the precursors to physical violence.  Even when they
 
 9 understand what is happening, teenagers are reluctant to come
 
10 forward to ask for the necessary help and support from trained
 
11 professionals.
 
12      In addition, the legislature realizes that abusers who
 
13 clearly have a relationship with their victims, but have not
 
14 resided with them, escape the penalties of section 709-906, abuse
 
15 of family and household member, and may only be prosecuted under
 
16 section 707-712, assault in the third degree.  Although both are
 
17 misdemeanors, the sentencing guidelines for abuse of family and
 
18 household member are more severe, including mandatory jail time.
 

 
Page 2                                                     588
                                     H.B. NO.           H.D.1
                                                        
                                                        

 
 1 However, the legislature recognizes that it is the dynamics of
 
 2 the relationship, and not the physical living situation, that is
 
 3 the controlling factor in responding to domestic violence
 
 4 disputes.
 
 5      The legislature believes that holding abusers accountable
 
 6 for their actions is the key to keeping domestic violence victims
 
 7 safe.  Thus, the purpose of this Act is to expand the scope of
 
 8 the current statutory definition of "family and household member"
 
 9 to include persons involved in a dating relationship, which will
 
10 cast a broader net in determining who is affected by and in need
 
11 of protection from domestic abuse.
 
12      SECTION 2.  Section 586-1, Hawaii Revised Statutes, is
 
13 amended as follows:
 
14      1.  By adding a new definition to be appropriately inserted
 
15 and to read:
 
16      ""Dating relationship" means a frequent intimate association
 
17 with another person, primarily characterized by the expectation
 
18 of affectional or sexual involvement.  Factors the court may
 
19 consider in making a determination if a dating relationship
 
20 exists, or previously existed, include:
 
21      (1)  The length of time that the relationship has existed;
 
22      (2)  The nature of the relationship; and
 
23      (3)  The frequency of interaction between the parties.
 

 
Page 3                                                     588
                                     H.B. NO.           H.D.1
                                                        
                                                        

 
 1 Neither a casual relationship nor ordinary fraternization between
 
 2 persons in a business or social context shall constitute a dating
 
 3 relationship."
 
 4      2.  By amending the definition of "family or household
 
 5 member" to read:
 
 6      ""Family or household member" means spouses or reciprocal
 
 7 beneficiaries, former spouses or former reciprocal beneficiaries,
 
 8 persons who have a child in common, parents, children, persons
 
 9 related by consanguinity, [and] persons jointly residing or
 
10 formerly residing in the same dwelling unit[.], and persons who
 
11 have or have had a dating relationship."
 
12      SECTION 3.  Section 709-906, Hawaii Revised Statutes, is
 
13 amended by amending subsection (1) to read as follows:
 
14      "(1)  It shall be unlawful for any person, singly or in
 
15 concert, to physically abuse a family or household member or to
 
16 refuse compliance with the lawful order of a police officer under
 
17 subsection (4).  The police, in investigating any complaint of
 
18 abuse of a family or household member, upon request, may
 
19 transport the abused person to a hospital or safe shelter.
 
20      For the purposes of this section, "family or household
 
21 member" means spouses or reciprocal beneficiaries, former spouses
 
22 or reciprocal beneficiaries, persons who have a child in common,
 
23 parents, children, persons related by consanguinity, [and]
 

 
Page 4                                                     588
                                     H.B. NO.           H.D.1
                                                        
                                                        

 
 1 persons jointly residing or formerly residing in the same
 
 2 dwelling unit[.], and persons who have or have had a dating
 
 3 relationship.
 
 4      For the purposes of this section, "dating relationship"
 
 5 means a frequent intimate association with another person,
 
 6 primarily characterized by the expectation of affectional or
 
 7 sexual involvement.  Factors the court may consider in making a
 
 8 determination if a dating relationship exists, or previously
 
 9 existed, include:
 
10      (a)  The length of time that the relationship has existed;
 
11      (b)  The nature of the relationship; and
 
12      (c)  The frequency of interaction between the parties.
 
13 Neither a casual relationship nor ordinary fraternization between
 
14 persons in a business or social context shall constitute a dating
 
15 relationship."
 
16      SECTION 4.  Statutory material to be repealed is bracketed.
 
17 New statutory material is underscored.
 
18      SECTION 5.  This Act shall take effect upon its approval.