REPORT TITLE:
Dom. abuse; Protect. Or.


DESCRIPTION:
Includes "dating relationship" within domestic abuse protective
orders.  Provides for extended protective orders for 10-year
period.  Makes penalties for violation of protective orders
consistent with those for violation of temporary restraining
orders.  Requires full faith and credit be given to foreign
protective orders.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2154
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO PROTECTIVE ORDERS.



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

 1      SECTION 1.  Senate Concurrent Resolution No. 184, S.D. 1,
 
 2 regular session of 1999, requested the legislative reference
 
 3 bureau to study Hawaii's domestic violence and abuse laws,
 
 4 including laws relating to protective orders, in order to enhance
 
 5 victim protection and to provide uniformity and consistency in
 
 6 domestic abuse laws.  This Act is based upon the proposals
 
 7 recommended by the Bureau in its report in response to Senate
 
 8 Concurrent Resolution No. 184, S.D. 1.  Specifically, this Act:
 
 9      (1)  Includes dating relationships within the definition of
 
10           family or household members for purposes of a
 
11           protective order;
 
12      (2)  Extends the effective period of a protective order;
 
13      (3)  Conforms the penalties for violation of a protective
 
14           order with those for a temporary restraining order;
 
15      (4)  Ensures full faith and credit of foreign protective
 
16           orders in compliance with federal law; and
 
17      (5)  Requires that protective orders under section
 
18           580-10(d), Hawaii Revised Statutes, comply with the
 
19           requirements of and be enforced pursuant to
 

 
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 1           chapter 586.
 
 2 The foreign protective order provisions expound on the bureau's
 
 3 proposal by including filing and penalty provisions and
 
 4 elaborating on the enforcement of foreign protective orders.
 
 5      Accordingly, the purpose of this Act is to effectuate these
 
 6 proposals.
 
 7      SECTION 2.  Chapter 586, Hawaii Revised Statutes, is amended
 
 8 to read as follows:
 
 9                           "CHAPTER 586
 
10                 DOMESTIC ABUSE PROTECTIVE ORDERS
 
11                    PART I.  GENERAL PROVISIONS
 
12      586-1  Definitions.  As used in this chapter:
 
13      "Dating relationship" means a romantic, courtship, or
 
14 engagement relationship, often but not necessarily characterized
 
15 by actions of an intimate or sexual nature, but does not include
 
16 a casual acquaintanceship or ordinary fraternization between
 
17 persons in a business or social context.
 
18      "Domestic abuse" means:
 
19      (1)  Physical harm, bodily injury, assault, or the threat of
 
20           imminent physical harm, bodily injury, or assault,
 
21           extreme psychological abuse or malicious property
 
22           damage between family or household members; or
 

 
 
 
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 1      (2)  Any act [which] that would constitute an offense under
 
 2           section 709-906, or under part V or VI of chapter 707
 
 3           committed against a minor family or household member by
 
 4           an adult family or household member.
 
 5      "Extreme psychological abuse" means an intentional or
 
 6 knowing course of conduct directed at an individual that
 
 7 seriously alarms or disturbs consistently or continually bothers
 
 8 the individual[,] and that serves no legitimate purpose; provided
 
 9 that [such] the course of conduct would cause a reasonable person
 
10 to suffer extreme emotional distress.
 
11      "Malicious property damage" means intentional or knowing
 
12 damage to the property of another[,] person, without [his] the
 
13 person's consent, with an intent [to] thereby to cause emotional
 
14 distress.
 
15      "Family or household member" means spouses or reciprocal
 
16 beneficiaries, former spouses or former reciprocal beneficiaries,
 
17 persons who have a child in common, parents, children, persons
 
18 related by consanguinity, [and] persons jointly residing or
 
19 formerly residing in the same dwelling unit[.] and persons in or
 
20 formerly in a dating relationship.
 
21      [[]586-2[]]  Court jurisdiction.  An application for relief
 
22 under this chapter may be filed in any family court in the
 

 
 
 
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                                     S.B. NO.           2154
                                                        
                                                        

 
 1 circuit in which the petitioner resides.  Actions under this
 
 2 chapter shall be given docket priorities by the court.
 
 3      586-3  [Order for protection.] Protective order; petition
 
 4 for order.  (a)  There shall exist an action known as a petition
 
 5 for [an] a protective order [for protection] in cases of domestic
 
 6 abuse.
 
 7      (b)  A petition for relief under this chapter may be made
 
 8 by:
 
 9      (1)  Any family or household [[]member[]] on [his or her]
 
10           the member's own behalf or on behalf of a family or
 
11           household member who is a minor, [or] who is
 
12           incapacitated as defined in section 560:5-101(2), [or]
 
13           who is a dependent adult as defined in section 346-222,
 
14           or who is physically unable to go to the appropriate
 
15           place to complete or file the petition; or
 
16      (2)  Any state agency on behalf of a person who is a minor,
 
17           [or] who is incapacitated as defined in section
 
18           560:5-101(2), [or a person] who is a dependent adult as
 
19           defined in section 346-222, or who is physically unable
 
20           to go to the appropriate place to complete or file the
 
21           petition on behalf of that person.
 
22      (c)  A petition for relief shall[:] be in writing and upon
 

 
 
 
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                                     S.B. NO.           2154
                                                        
                                                        

 
 1 forms provided by the court[;] and shall allege, under penalty of
 
 2 perjury, that [a]:
 
 3      (1)  A past act or acts of abuse may have occurred[, that
 
 4           the threats];
 
 5      (2)  Threats of abuse make it probable that acts of abuse
 
 6           may be imminent[,]; or [that extreme]
 
 7      (3)  Extreme psychological abuse or malicious property
 
 8           damage is imminent[; and be accompanied by an affidavit
 
 9           made under oath or a statement made under penalty of
 
10           perjury stating the specific facts and circumstances
 
11           from which relief is sought].
 
12      (d)  The family court shall designate an employee or
 
13 appropriate nonjudicial agency to assist the person in completing
 
14 the petition.
 
15      586-3.5  Determination by court of dating relationship;
 
16 written findings.  If the petitioner alleges to be a family or
 
17 household member on the basis that the petitioner is or was in a
 
18 dating relationship with the respondent, as defined in section
 
19 586-1, the court shall make a determination whether the petition
 
20 qualifies on this basis and shall include written findings in any
 
21 restraining or protective order issued under this chapter.  In
 
22 making this determination, the court shall consider the following
 

 
 
 
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                                     S.B. NO.           2154
                                                        
                                                        

 
 1 factors:
 
 2      (1)  The length of time the relationship has existed;
 
 3      (2)  The nature of the relationship;
 
 4      (3)  The frequency of interaction between the parties; and
 
 5      (4)  If either party has terminated the relationship, the
 
 6           length of time elapsed since the termination.
 
 7      586-4  Temporary restraining order.(a)  Upon petition to
 
 8 a family court judge, [a] an ex parte temporary restraining order
 
 9 may be granted [without notice] to the petitioner to restrain
 
10 [either or both parties] the respondent from contacting,
 
11 threatening, or physically abusing [each other,] the petitioner,
 
12 notwithstanding that a complaint for annulment, divorce, or
 
13 separation has not been filed.  The order may be granted to any
 
14 person who, at the time [such] the order is granted, is a family
 
15 or household member as defined in section 586-1 or who filed a
 
16 petition on behalf of a family or household member.  [The order
 
17 shall enjoin the respondent or person to be restrained from
 
18 performing any combination of the following acts:
 
19      (1)  Contacting, threatening, or physically abusing the
 
20           petitioner;
 
21      (2)  Contacting, threatening, or physically abusing any
 
22           person residing at the petitioner's residence;
 

 
 
 
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                                     S.B. NO.           2154
                                                        
                                                        

 
 1      (3)  Telephoning the petitioner;
 
 2      (4)  Entering or visiting the petitioner's residence; or
 
 3      (5)  Contacting, threatening, or physically abusing the
 
 4           petitioner at work.]
 
 5      (b)  The family court judge may issue the ex parte temporary
 
 6 restraining order orally, if the person being restrained is
 
 7 present in court.  The order shall state that there is probable
 
 8 cause to believe that a past act or acts of abuse have occurred,
 
 9 or that threats of abuse make it probable that acts of abuse may
 
10 be imminent.  The order further shall state that the temporary
 
11 restraining order is necessary for the [purpose] purposes of:
 
12 preventing acts of abuse or preventing a recurrence of actual
 
13 domestic abuse[,]; and [assuring] ensuring a period of separation
 
14 of the parties involved.  The order shall describe in reasonable
 
15 detail the act or acts sought to be restrained.  The order shall
 
16 enjoin the respondent from performing any combination of the
 
17 following acts:
 
18      (1)  Contacting, threatening, or physically abusing the
 
19           petitioner;
 
20      (2)  Contacting, threatening, or physically abusing any
 
21           family or household member of the petitioner's;
 
22      (3)  Communicating or attempting to communicate with the
 

 
 
 
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                                     S.B. NO.           2154
                                                        
                                                        

 
 1           petitioner in any manner, including but not limited to:
 
 2           a written document, mail or other delivery service,
 
 3           telecommunications system, facsimile, or electronic
 
 4           mail transmission;
 
 5      (4)  Entering or visiting the petitioner's residence; or
 
 6      (5)  Contacting, threatening, or physically abusing the
 
 7           petitioner at work.
 
 8      [Where] When necessary, the order may require [either or
 
 9 both of] the [parties involved] respondent to leave the premises
 
10 during the period of the order[, and also may restrain the party
 
11 or parties to whom it is directed from contacting, threatening,
 
12 or physically abusing the applicant's family or household
 
13 members].  The order shall not only be binding upon the [parties
 
14 to the action,] respondent but also upon [their] the respondent's
 
15 officers, agents, servants, employees, attorneys, or any other
 
16 persons in active concert or participation with [them.  The order
 
17 shall enjoin the respondent or person to be restrained from
 
18 performing any combination of the following acts:
 
19      (1)  Contacting, threatening, or physically abusing the
 
20           petitioner;
 
21      (2)  Contacting, threatening, or physically abusing any
 
22           person residing at the petitioner's residence;
 

 
 
 
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                                     S.B. NO.           2154
                                                        
                                                        

 
 1      (3)  Telephoning the petitioner;
 
 2      (4)  Entering or visiting the petitioner's residence; or
 
 3      (5)  Contacting, threatening, or physically abusing the
 
 4           petitioner at work.] the respondent.
 
 5      (c)  When a temporary restraining order is granted pursuant
 
 6 to this chapter and the respondent or person to be restrained
 
 7 knows of the order, a knowing or intentional violation of the
 
 8 restraining order is a misdemeanor.  A person convicted under
 
 9 this section shall undergo domestic violence intervention at any
 
10 available domestic violence program as ordered by the court.  The
 
11 court additionally shall sentence a person convicted under this
 
12 section as follows:
 
13      (1)  For a first conviction for violation of the temporary
 
14           restraining order, the person shall serve a mandatory
 
15           minimum jail sentence of forty-eight hours but not more
 
16           than thirty days and be fined not less than $150 nor
 
17           more than $500; provided that the court shall not
 
18           sentence a defendant to pay a fine unless the defendant
 
19           is or will be able to pay the fine; and
 
20      (2)  For the second and any subsequent conviction for
 
21           violation of the temporary restraining order, the
 
22           person shall serve a mandatory minimum jail sentence of
 

 
 
 
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                                     S.B. NO.           2154
                                                        
                                                        

 
 1           thirty days and be fined not less than $250 nor more
 
 2           than $1,000; provided that the court shall not sentence
 
 3           a defendant to pay a fine unless the defendant is or
 
 4           will be able to pay the fine.
 
 5      Upon conviction and sentencing of the defendant, the court
 
 6 shall order that the defendant immediately be incarcerated to
 
 7 serve the mandatory minimum sentence imposed; provided that the
 
 8 defendant may be admitted to bail pending appeal pursuant to
 
 9 chapter 804.  The court may stay the imposition of the sentence
 
10 if special circumstances exist.
 
11      The court may suspend any jail sentence, except for the
 
12 mandatory sentences under paragraphs (1) and (2), upon condition
 
13 that the defendant remain alcohol and drug-free, conviction-free,
 
14 [or] and complete court-ordered assessments or intervention.
 
15 Nothing in this section shall be construed as limiting the
 
16 discretion of the judge to impose additional sanctions authorized
 
17 in sentencing for a misdemeanor.
 
18      (d)  Any fines collected pursuant to subsection (c) shall be
 
19 deposited into the spouse and child abuse special account
 
20 established under section 601-3.6.
 
21      586-5  Period of temporary restraining order; setting of
 
22 hearing.(a)  A temporary restraining order granted pursuant to
 

 
 
 
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 1 this chapter shall remain in effect, at the discretion of the
 
 2 court, for a period not to exceed ninety days from the date the
 
 3 order is granted.
 
 4      (b)  On the earliest date that the business of the court
 
 5 will permit, but no later than fifteen days from the date the
 
 6 temporary restraining order is granted, the court, after [giving
 
 7 due] notice to all parties, shall hold a hearing on the
 
 8 application [requiring cause to be shown why the order should not
 
 9 continue.], unless a continuance is granted for good cause.  In
 
10 the event that service has not been effected, the hearing need
 
11 not be held and the court administratively may set a new date for
 
12 the hearing; provided that the date shall not exceed ninety days
 
13 from the date the temporary restraining order was granted[.  All
 
14 parties shall be present at the hearing and may be represented by
 
15 counsel.
 
16      The protective order may include all orders stated in the
 
17 temporary restraining order and may provide further relief, as
 
18 the court deems necessary to prevent domestic abuse or a
 
19 recurrence of abuse, including orders establishing temporary
 
20 visitation with regard to minor children of the parties and
 
21 orders to either or both parties to participate in domestic
 
22 violence intervention.], and the court shall notify the
 

 
 
 
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 1 petitioner and the applicable police department charged with
 
 2 service of the order of the new hearing date.
 
 3      586-5.5  Protective order; [additional] extension of
 
 4 orders.(a)  If, after hearing all relevant evidence, the court
 
 5 finds [that the respondent has failed to show cause why the order
 
 6 should not be continued and] that a protective order is necessary
 
 7 to prevent domestic abuse or a recurrence of abuse, the court may
 
 8 order that a protective order be issued for [such further] a
 
 9 period [as] of time the court deems appropriate, not to exceed
 
10 three years from the date the protective order is granted.  The
 
11 court shall make findings on the record with respect to whether
 
12 the respondent was given reasonable notice and an opportunity to
 
13 be heard and the order is necessary to prevent domestic abuse or
 
14 a recurrence of abuse.  The findings shall be included in the
 
15 protective order.
 
16      The protective order may include all orders stated in the
 
17 temporary restraining order and may provide for further relief as
 
18 the court deems necessary to prevent domestic abuse or a
 
19 recurrence of abuse, including orders establishing temporary
 
20 visitation and custody with regard to minor children of the
 
21 parties and orders to [either or both parties] the respondent to
 
22 participate in domestic violence intervention services.  On the
 

 
 
 
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                                     S.B. NO.           2154
                                                        
                                                        

 
 1 basis of written findings that it is in the best interest of the
 
 2 minor child, the court may order a minor child of the parties to
 
 3 participate in domestic violence intervention services that are
 
 4 designed specifically for minor children.  If the court finds
 
 5 that the party meets the requirements under section 334-59(a)(2),
 
 6 the court [further] also may order that the party be taken to the
 
 7 nearest facility for emergency examination and treatment.
 
 8      (b)  A protective order may be extended for a period not to
 
 9 exceed [three] ten years from the expiration of the preceding
 
10 protective order.  Upon application for an extension under this
 
11 section by a person or agency capable of petitioning under
 
12 section 586-3, the court shall hold a new hearing to determine
 
13 whether the protective order should be extended.  In making a
 
14 determination, the court shall consider evidence of abuse and
 
15 threats of abuse that occurred prior to the initial restraining
 
16 order and whether good cause exists to extend the protective
 
17 order.  The court shall make findings on the record with respect
 
18 to whether the respondent was given reasonable notice and an
 
19 opportunity to be heard and the extended protective order is
 
20 necessary to prevent domestic abuse or a recurrence of abuse.
 
21 The findings shall be included in the extended protective order.
 
22      The extended protective order may include all orders stated
 

 
 
 
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                                     S.B. NO.           2154
                                                        
                                                        

 
 1 in the preceding [restraining] protective order and may provide
 
 2 [such] further relief as the court deems necessary to prevent
 
 3 domestic abuse or a recurrence of abuse, including orders
 
 4 establishing temporary visitation and custody with regard to
 
 5 minor children of the parties and orders to [either or both
 
 6 parties] the respondent to participate in domestic violence
 
 7 intervention services.  The court may terminate the extended
 
 8 protective order at any time with the mutual consent of the
 
 9 parties.
 
10      (c)  There shall be no limit on the number of times a
 
11 protective order may be extended under this section, provided the
 
12 requirements of this section are met.
 
13      586-5.6  Effective date[.]; form of order.  [The] (a)  A
 
14 temporary restraining order shall be effective as of the date of
 
15 signing and filing; provided that if a temporary restraining
 
16 order is granted orally in the presence of all the parties and
 
17 the court determines that each of the parties understands the
 
18 order and its conditions, if any, [then] the order shall be
 
19 effective as of the date it is orally stated on the record by the
 
20 court until further order of the court.
 
21      (b)  Protective orders orally stated by the court on the
 
22 record shall be effective as of the date of the hearing until
 

 
 
 
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                                     S.B. NO.           2154
                                                        
                                                        

 
 1 further order of the court; provided that all oral protective
 
 2 orders shall be reduced to writing and issued [forthwith.]
 
 3 immediately.
 
 4      (c)  The judiciary shall provide forms [which will enable]
 
 5 that shall be used by the court to issue immediately all
 
 6 temporary restraining orders [forthwith.] and all protective
 
 7 orders pursuant to this chapter.
 
 8      586-6  Service of order[.]; refusal to accept service;
 
 9 penalty.  Any order issued under this chapter shall either be
 
10 personally served upon the respondent[,] or be served by
 
11 certified mail[, unless]; provided that if the respondent was
 
12 present at the hearing [in which case], the respondent shall be
 
13 deemed to have notice of the order.  [A filed copy of each order
 
14 issued under this chapter shall be served by regular mail upon
 
15 the chief of police of each county.] Refusal by a respondent to
 
16 accept personal service of an order issued pursuant to this
 
17 chapter is a petty misdemeanor.
 
18      [[]586-7[]]  Assistance of police in service or execution.
 
19 When an order is issued under this chapter and upon request of
 
20 the petitioner, the court may order the appropriate police
 
21 department to [serve]:
 
22      (1)  Serve the order and related documents upon respondent
 

 
 
 
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                                     S.B. NO.           2154
                                                        
                                                        

 
 1           [and to accompany];
 
 2      (2)  Accompany the petitioner to the petitioner's dwelling
 
 3           or residence; and [assist in placing]
 
 4      (3)  Take any lawful action necessary to place the
 
 5           petitioner in possession of the dwelling or
 
 6           residence[.], including ordering the respondent to
 
 7           leave the premises.
 
 8      [[]586-8[]]  Right to apply for relief.(a)  A person's
 
 9 right to apply for relief shall not be affected by the person's
 
10 leaving the residence or household to avoid abuse.
 
11      (b)  The court shall not require security or bond of any
 
12 party unless it deems [[]it[]] necessary in exceptional cases.
 
13      [[]586-9[]]  Modification of order.  Upon application,
 
14 notice to all parties, and hearing, the court may modify the
 
15 terms of an existing protective order [for protection].
 
16      [[]586-10[]]  Copy to law enforcement agency.(a)  [Upon
 
17 the request of the petitioner,] Within twenty-four hours of the
 
18 granting of any order for protection [granted] pursuant to this
 
19 chapter [shall be forwarded by the clerk of], the court [within
 
20 twenty-four hours] shall transmit a filed copy of the order to
 
21 the appropriate county police department.
 
22      (b)  Each county police department shall make available to
 

 
 
 
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                                     S.B. NO.           2154
                                                        
                                                        

 
 1 other law enforcement officers in the same county, through a
 
 2 system for verification, information as to the existence and
 
 3 status of any order for protection issued pursuant to this
 
 4 chapter.
 
 5      586-10.5  Reports by the department of human services.  In
 
 6 cases where there are allegations of domestic abuse involving a
 
 7 [minor] family or household member[,] who is a minor or a person
 
 8 who is incapacitated as defined in section 560:5-101(2) or who is
 
 9 a dependent adult as defined in section 346-222, the employee or
 
10 appropriate nonjudicial agency designated by the family court to
 
11 assist the petitioner shall report the matter to the department
 
12 of human services, as required under [chapters] chapter 350 [and]
 
13 or 587[,] or section 346-222 as applicable, and shall further
 
14 notify the department of the granting of the temporary
 
15 restraining order and of the hearing date.  The department of
 
16 human services shall provide the family court with an oral or
 
17 written report of the investigation's progress on or before the
 
18 hearing date[.] and may intervene as a co-petitioner pursuant to
 
19 section 586-3(b)(2).
 
20      586-11  Violation of [an] protective order [for
 
21 protection].(a)  Whenever [an] a protective order [for
 
22 protection] is granted pursuant to this chapter, a respondent or
 

 
 
 
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                                     S.B. NO.           2154
                                                        
                                                        

 
 1 person to be restrained who knowingly or intentionally violates
 
 2 the protective order [for protection] is guilty of a misdemeanor.
 
 3 A person convicted under this section shall undergo domestic
 
 4 violence intervention at any available domestic violence program
 
 5 as ordered by the court.  The court additionally shall sentence a
 
 6 person convicted under this section as follows:
 
 7     [(1)  For a first conviction for violation of the order for
 
 8           protection:
 
 9           (A)  That is in the nature of non-domestic abuse, the
 
10                person may be sentenced to a jail sentence of
 
11                forty-eight hours and be fined not more than $150;
 
12                provided that the court shall not sentence a
 
13                defendant to pay a fine unless the defendant is or
 
14                will be able to pay the fine;
 
15           (B)  That is in the nature of domestic abuse, the
 
16                person shall be sentenced to a mandatory minimum
 
17                jail sentence of not less than forty-eight hours
 
18                and be fined not less than $150 nor more than
 
19                $500; provided that the court shall not sentence a
 
20                defendant to pay a fine unless the defendant is or
 
21                will be able to pay the fine;
 
22      (2)  For a second conviction for violation of the order for
 

 
 
 
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                                     S.B. NO.           2154
                                                        
                                                        

 
 1           protection:
 
 2           (A)  That is in the nature of non-domestic abuse, and
 
 3                occurs after a first conviction for violation of
 
 4                the same order that was in the nature of non-
 
 5                domestic abuse, the person shall be sentenced to a
 
 6                mandatory minimum jail sentence of not less than
 
 7                forty-eight hours and be fined not more than $250;
 
 8                provided that the court shall not sentence a
 
 9                defendant to pay a fine unless the defendant is or
 
10                will be able to pay the fine;
 
11           (B)  That is in the nature of domestic abuse, and
 
12                occurs after a first conviction for violation of
 
13                the same order that was in the nature of domestic
 
14                abuse, the person shall be sentenced to a
 
15                mandatory minimum jail sentence of not less than
 
16                thirty days and be fined not less than $250 nor
 
17                more than $1,000; provided that the court shall
 
18                not sentence a defendant to pay a fine unless the
 
19                defendant is or will be able to pay the fine;
 
20           (C)  That is in the nature of non-domestic abuse, and
 
21                occurs after a first conviction for violation of
 
22                the same order that was in the nature of domestic
 

 
 
 
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                                     S.B. NO.           2154
                                                        
                                                        

 
 1                abuse, the person shall be sentenced to a
 
 2                mandatory minimum jail sentence of not less than
 
 3                forty-eight hours and be fined not more than $250;
 
 4                provided that the court shall not sentence a
 
 5                defendant to pay a fine unless the defendant is or
 
 6                will be able to pay the fine;
 
 7           (D)  That is in the nature of domestic abuse, and
 
 8                occurs after a first conviction for violation of
 
 9                the same order that is in the nature of non-
 
10                domestic abuse, the person shall be sentenced to a
 
11                mandatory minimum jail sentence of not less than
 
12                forty-eight hours and be fined not more than $150;
 
13                provided that the court shall not sentence a
 
14                defendant to pay a fine unless the defendant is or
 
15                will be able to pay the fine;
 
16      (3)  For any subsequent violation that occurs after a second
 
17           conviction for violation of the same order for
 
18           protection, the person shall be sentenced to a
 
19           mandatory minimum jail sentence of not less than thirty
 
20           days and be fined not less than $250 nor more than
 
21           $1,000; provided that the court shall not sentence a
 
22           defendant to pay a fine unless the defendant is or will
 

 
 
 
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                                     S.B. NO.           2154
                                                        
                                                        

 
 1           be able to pay the fine.]
 
 2      (1)  For a first conviction for violation of the protective
 
 3           order, the person shall serve a mandatory minimum jail
 
 4           sentence of forty-eight hours but not more than thirty
 
 5           days and be fined not less than $150 nor more than
 
 6           $500; provided that the court shall not sentence a
 
 7           defendant to pay a fine unless the defendant is or will
 
 8           be able to pay the fine; and
 
 9      (2)  For a second and any subsequent conviction for
 
10           violation of the protective order, the person shall
 
11           serve a mandatory minimum jail sentence of thirty days
 
12           and be fined not less than $250 nor more than $1,000;
 
13           provided that the court shall not sentence a defendant
 
14           to pay a fine unless the defendant is or will be able
 
15           to pay the fine.
 
16      Upon conviction and sentencing of the defendant, the court
 
17 shall order that the defendant immediately be incarcerated to
 
18 serve the mandatory minimum sentence imposed; provided that the
 
19 defendant may be admitted to bail pending appeal pursuant to
 
20 chapter 804.  The court may stay the imposition of the sentence
 
21 if special circumstances exist.
 
22      The court may suspend any jail sentence under [subparagraphs
 

 
 
 
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                                     S.B. NO.           2154
                                                        
                                                        

 
 1 (1)(A) and (2)(C),] paragraph (1), upon condition that the
 
 2 defendant remain alcohol and drug-free, conviction-free, [or] and
 
 3 complete any court-ordered assessments or intervention.  Nothing
 
 4 in this section shall be construed as limiting the discretion of
 
 5 the judge to impose additional sanctions authorized in sentencing
 
 6 for a misdemeanor offense.  All remedies for the enforcement of
 
 7 judgments shall apply to this chapter.
 
 8      (b)  Any fines collected pursuant to subsection (a) shall be
 
 9 deposited into the spouse and child abuse special account
 
10 established under section 601-3.6.
 
11                PART II.  FOREIGN PROTECTIVE ORDERS
 
12      586-A  Foreign protective orders.  Any valid protective
 
13 order, as defined in 18 U.S.C. 2266, issued by a court or
 
14 tribunal of another state, tribe, or territory of the United
 
15 States shall be accorded full faith and credit by the courts of
 
16 this State and shall be enforced as if it were an order issued in
 
17 this State.
 
18      586-B  Valid protective order.  (a)  A protective order
 
19 issued by another state, tribe, or territory shall be considered
 
20 valid if:
 
21      (1)  The issuing court or tribunal had jurisdiction over the
 
22           parties and matter under the laws of the state, tribe,
 

 
 
 
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                                     S.B. NO.           2154
                                                        
                                                        

 
 1           or territory; and
 
 2      (2)  The respondent received notice and an opportunity to be
 
 3           heard before the foreign protective order was issued;
 
 4           provided that, in the case of an ex parte order, notice
 
 5           and opportunity to be heard were provided within a
 
 6           reasonable period of time, sufficient to protect the
 
 7           respondent's right to due process.
 
 8      (b)  Failure to provide reasonable notice and opportunity to
 
 9 be heard shall be an affirmative defense to any charge or process
 
10 filed seeking enforcement of an out-of-state protective order.
 
11      586-C  Filing of foreign protective order; not required.  A
 
12 certified copy of a foreign protective order, accompanied by a
 
13 sworn affidavit that the order remains in effect and has not been
 
14 vacated or modified, may be filed with the court; provided that
 
15 no filing fee shall be required.  Filing of a foreign protective
 
16 order with the court shall not be required for enforcement of the
 
17 foreign protective order in this State.
 
18      586-D  Enforcement of foreign protective orders.  (a)  A
 
19 law enforcement officer shall enforce a foreign protective order
 
20 that appears to be authentic on its face.  For purposes of this
 
21 section, "authentic on its face" means the protective order
 
22 contains the names of both parties and remains in effect.
 

 
 
 
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 1      (b)  If a paper copy of the order is unavailable and the
 
 2 officer verifies the existence and status of the order through a
 
 3 national or state centralized registry for protective orders or
 
 4 through communication with appropriate authorities in the issuing
 
 5 state, tribe, or territory, the officer shall enforce the order.
 
 6      (c)  A law enforcement officer shall make an arrest for a
 
 7 violation of a foreign protective order in the same manner as for
 
 8 violations of protective order orders issued in this State.
 
 9      586-E  Good faith immunity.  Any law enforcement officer
 
10 acting in good faith shall be immune from civil or criminal
 
11 liability in any action arising in connection with enforcement of
 
12 a valid foreign protective order pursuant to this part.
 
13      586-F  Penalties.  Any violation of a foreign protective
 
14 order entitled to full faith and credit under this part is a
 
15 misdemeanor.  The court shall sentence a person convicted under
 
16 this section as follows:
 
17      (1)  For a first conviction for violation of the protective
 
18           order, the person shall serve a mandatory minimum jail
 
19           sentence of forty-eight hours but not more than thirty
 
20           days and be fined not less than $150 nor more than
 
21           $500; provided that the court shall not sentence a
 
22           defendant to pay a fine unless the defendant is or will
 

 
 
 
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 1           be able to pay the fine; and
 
 2      (2)  For a second and any subsequent conviction for
 
 3           violation of the protective order, the person shall
 
 4           serve a mandatory minimum jail sentence of thirty days
 
 5           and be fined not less than $250 nor more than $1,000;
 
 6           provided that the court shall not sentence a defendant
 
 7           to pay a fine unless the defendant is or will be able
 
 8           to pay the fine.
 
 9 Upon conviction and sentencing of the defendant, the court shall
 
10 order that the defendant immediately be incarcerated to serve the
 
11 mandatory minimum sentence imposed; provided that the defendant
 
12 may be admitted to bail pending appeal pursuant to chapter 804.
 
13 The court may stay the imposition of the sentence if special
 
14 circumstances exist."
 
15      SECTION 3.  Section 580-10, Hawaii Revised Statutes, is
 
16 amended by amending subsection (d) to read as follows:
 
17      "(d)  Whenever it is made to appear to the court after the
 
18 filing of any complaint, that there are reasonable grounds to
 
19 believe that a party [thereto] to the action may inflict
 
20 [physical] domestic abuse, as defined in section 586-1, upon[,
 
21 threaten by words or conduct, or harass] the other party, the
 
22 other party may petition the court, in the manner provided in
 

 
 
 
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 1 chapter 586, for an ex parte temporary restraining order and a
 
 2 protective order.  The court may issue a temporary restraining
 
 3 order [to prevent such physical abuse, threats, or harassment,
 
 4 and shall enjoy in respect thereof the powers pertaining to a
 
 5 court of equity.  Where necessary, the order may require either
 
 6 or both of the parties involved to leave the marital residence
 
 7 during the period of the order, and may also restrain the party
 
 8 to whom it is directed from contacting, threatening, or
 
 9 physically abusing the children or other relative of the spouse
 
10 who may be residing with that spouse at the time of the granting
 
11 of the restraining order.  The order may also restrain a party's
 
12 agents, servants, employees, attorneys, or other persons in
 
13 active concert or participation with the respective party.
 
14      (1)  A knowing or intentional violation of a restraining
 
15           order issued pursuant to this section is a misdemeanor.
 
16           A person convicted under this section shall undergo
 
17           domestic violence intervention at any available
 
18           domestic violence program as ordered by the court.  The
 
19           court additionally shall sentence a person convicted
 
20           under this section as follows:
 
21           (A)  For a first conviction for violation of the
 
22                restraining order, the person shall serve a
 

 
 
 
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 1                mandatory minimum jail sentence of forty-eight
 
 2                hours and be fined not less than $150 nor more
 
 3                than $500; provided that the court shall not
 
 4                sentence a defendant to pay a fine unless the
 
 5                defendant is or will be able to pay the fine; and
 
 6           (B)  For the second and any subsequent conviction for
 
 7                violation of the restraining order, the person
 
 8                shall serve a mandatory minimum jail sentence of
 
 9                thirty days and be fined not less than $250 nor
 
10                more than $1,000; provided that the court shall
 
11                not sentence a defendant to pay a fine unless the
 
12                defendant is or will be able to pay the fine.
 
13                Upon conviction and sentencing of the defendant,
 
14           the court shall order that the defendant immediately be
 
15           incarcerated to serve the mandatory minimum sentence
 
16           imposed; provided that the defendant may be admitted to
 
17           bail pending appeal pursuant to chapter 804.  The court
 
18           may stay the imposition of the sentence if special
 
19           circumstances exist.
 
20                The court may suspend any jail sentence, except
 
21           for the mandatory sentences under subparagraphs (A) and
 
22           (B), upon condition that the defendant remain alcohol
 

 
 
 
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                                     S.B. NO.           2154
                                                        
                                                        

 
 1           and drug-free, conviction-free or complete court-
 
 2           ordered assessments or intervention.  Nothing in this
 
 3           section shall be construed as limiting the discretion
 
 4           of the judge to impose additional sanctions authorized
 
 5           in sentencing for a misdemeanor offense.  All remedies
 
 6           for the enforcement of judgments shall apply to this
 
 7           section.
 
 8           (2)  Any law enforcement officer shall enforce a
 
 9                restraining order issued pursuant to this
 
10                subsection, including lawfully ordering the
 
11                restrained party to voluntarily leave for a three-
 
12                hour cooling off period, or, with or without a
 
13                warrant, where the law enforcement officer has
 
14                reasonable grounds to believe that the restrained
 
15                party has violated the restraining order,
 
16                arresting the restrained party.
 
17      (e)  Any fines collected pursuant to subsection (d) shall be
 
18 deposited into the spouse and child abuse special account
 
19 established under section 601-3.6.] or protective order in
 
20 compliance with the requirements of chapter 586.  These orders
 
21 shall have the force and effect of orders issued under, and shall
 
22 be enforced pursuant to, chapter 586."
 

 
 
 
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 1      SECTION 4.  In codifying the new sections added by section 2
 
 2 of this Act, the revisor of statutes shall substitute appropriate
 
 3 section numbers for the letters used in designating the new
 
 4 sections in this Act.
 
 5      SECTION 5.  This Act does not affect rights and duties that
 
 6 matured, penalties that were incurred, and proceedings that were
 
 7 begun, before its effective date.
 
 8      SECTION 6.  Statutory material to be repealed is bracketed.
 
 9 New statutory material is underscored.
 
10      SECTION 7.  This Act shall take effect upon its approval.
 
11 
 
12                           INTRODUCED BY:_________________________