REPORT TITLE:
Harassment; Domestic Violence


DESCRIPTION:
Creates a new petty misdemeanor offense of harassment of family
or household member.  (HB605 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        605
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 HARASSMENT.



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 section to be appropriately designated and to
 
 3 read as follows:
 
 4      "709-    Harassment of a family or household member.  (1)
 
 5 A person commits the offense of harassment of a family or
 
 6 household member if the person, singly or in concert, and with
 
 7 the intent to harass, annoy, or alarm a family or household
 
 8 member:
 
 9      (a)  Strikes, shoves, kicks, or otherwise touches a family
 
10           or household member in an offensive manner or subjects
 
11           the family or household member to offensive physical
 
12           contact;
 
13      (b)  Insults, taunts, or challenges a family or household
 
14           member in a manner likely to provoke an immediate
 
15           violent response, or that would cause the family or
 
16           household member to reasonably believe that the actor
 
17           intends to cause bodily injury to the family or
 
18           household member or another, or damage to the property
 
19           of the family or household member or another;
 

 
Page 2                                                     605
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      (c)  Repeatedly makes telephone calls, facsimile, or
 
 2           electronic mail transmissions without purpose of
 
 3           legitimate communication;
 
 4      (d)  Repeatedly makes a communication anonymously or at an
 
 5           extremely inconvenient hour;
 
 6      (e)  Repeatedly makes communications, after being advised by
 
 7           the family or household member to whom the
 
 8           communication is directed that further communication is
 
 9           unwelcome; or
 
10      (f)  Makes a communication using offensively coarse language
 
11           that would cause the family or household member to
 
12           reasonably believe that the actor intends to cause
 
13           bodily injury to the family or household member or
 
14           another, or damage to the property of the family or
 
15           household member or another.
 
16 For purposes of this section, "family or household member" has
 
17 the same meaning as in section 709-906.
 
18      (2)  Harassment of a family or household member is a petty
 
19 misdemeanor.
 
20      (3)  In any disposition of a defendant for the offense of
 
21 harassment of a family or household member, the court shall
 
22 require that the defendant undergo any available domestic
 
23 violence intervention programs ordered by the court.  However,
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 the court may suspend any portion of a jail sentence, upon the
 
 2 condition that the defendant remain arrest-free and conviction-
 
 3 free or complete court-ordered intervention."
 
 4      SECTION 2.  Section 571-14, Hawaii Revised Statutes, is
 
 5 amended to read as follows:
 
 6      "571-14  Jurisdiction; adults.(a)  Except as provided in
 
 7 sections 603-21.5 and 604-8, the court shall have exclusive
 
 8 original jurisdiction:
 
 9      (1)  To try any offense committed against a child by the
 
10           child's parent or guardian or by any other person
 
11           having the child's legal or physical custody, and any
 
12           violation of section 707-726, 707-727, 709-902,
 
13           709-903, 709-903.5, 709-904, 709-905, 709-906, 709-   ,
 
14           or 302A-1135, whether or not included in other
 
15           provisions of this paragraph or paragraph (2).
 
16      (2)  To try any adult charged with:
 
17           (A)  Deserting, abandoning, or failing to provide
 
18                support for any person in violation of law;
 
19           (B)  An offense, other than a felony, against the
 
20                person of the defendant's husband or wife;
 
21           (C)  Any violation of an order issued pursuant to
 
22                chapter 586; or
 

 
 
 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1           (D)  Any violation of an order issued by a family court
 
 2                judge.  
 
 3      In any case within paragraph (1) or (2), the court, in its
 
 4 discretion, may waive its jurisdiction over the offense charged.
 
 5      (3)  In all proceedings under chapter 580, and in all
 
 6           proceedings under chapter 584.
 
 7      (4)  In proceedings under chapter 575, the Uniform Desertion
 
 8           and Nonsupport Act, and under chapter 576B, the Uniform
 
 9           Interstate Family Support Act.
 
10      (5)  For commitment of an adult alleged to be mentally
 
11           defective or mentally ill.
 
12      (6)  In all proceedings for support between parent and child
 
13           or between husband and wife.
 
14      (7)  In all proceedings for pre-trial detention or waiver of
 
15           jurisdiction over an adult who was a child at the time
 
16           of an alleged criminal act as provided in section
 
17           571-13 or 571-22.
 
18      (8)  In all proceedings under chapter 586, Domestic Abuse
 
19           Protective Orders.
 
20      (9)  In all proceedings to appoint a guardian of the person
 
21           of an adult.
 
22     (10)  For the protection of dependent adults under chapter
 
23           346, part X.
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 In any case within paragraph (3), (4), or (6), the attorney
 
 2 general, through the child support enforcement agency, may
 
 3 exercise concurrent jurisdiction as provided in chapter 576E.
 
 4      (b)  The court shall have concurrent jurisdiction with the
 
 5 district court over violations of sections 707-712, 707-717, 708-
 
 6 822, 708-823, 711-1106, and 711-1106.5 when multiple offenses are
 
 7 charged through complaint or indictment and at least one offense
 
 8 is a violation of an order issued pursuant to chapter 586 or a
 
 9 violation of [section] sections 709-906[.] and 709-   ."
 
10      SECTION 3.  Section 711-1106, Hawaii Revised Statutes, is
 
11 amended by amending subsection (1) to read as follows:
 
12      "(1)  A person commits the offense of harassment if, with
 
13 intent to harass, annoy, or alarm [any other] another person[,]
 
14 who is not a family or household member as defined under section
 
15 709-   , that person:
 
16      (a)  Strikes, shoves, kicks, or otherwise touches another
 
17           person in an offensive manner or subjects the other
 
18           person to offensive physical contact;
 
19      (b)  Insults, taunts, or challenges another person in a
 
20           manner likely to provoke an immediate violent response
 
21           or that would cause the other person to reasonably
 
22           believe that the actor intends to cause bodily injury
 
23           to the recipient or another or damage to the property
 
24           of the recipient or another;
 

 
Page 6                                                     605
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      (c)  Repeatedly makes telephone calls, facsimile, or
 
 2           electronic mail transmissions without purpose of
 
 3           legitimate communication;
 
 4      (d)  Repeatedly makes a communication anonymously or at an
 
 5           extremely inconvenient hour;
 
 6      (e)  Repeatedly makes communications, after being advised by
 
 7           the person to whom the communication is directed that
 
 8           further communication is unwelcome; or
 
 9      (f)  Makes a communication using offensively coarse language
 
10           that would cause the recipient to reasonably believe
 
11           that the actor intends to cause bodily injury to the
 
12           recipient or another or damage to the property of the
 
13           recipient or another."
 
14      SECTION 4.  This Act does not affect rights and duties that
 
15 matured, penalties that were incurred, and proceedings that were
 
16 begun, before its effective date.
 
17      SECTION 5.  Statutory material to be repealed is bracketed.
 
18 New statutory material is underscored.
 
19      SECTION 6.  This Act shall take effect upon its approval.