REPORT TITLE:
Harassment


DESCRIPTION:
Allows temporary restraining orders for harassment of businesses.
(SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2664
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                     A BILL FOR AN ACT

RELATING TO VIOLENCE.


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

 1      SECTION 1. Section 604-10.5, Hawaii Revised Statutes, is
 
 2 amended as follows:
 
 3      1.  By amending subsection (c) to read:
 
 4      "(c)  Any person who has been subjected to harassment or any
 
 5 business acting on behalf of its employees which has been
 
 6 subjected to harassment may petition the district court of the
 
 7 district in which the petitioner resides for a temporary
 
 8 restraining order and an injunction from further harassment."
 
 9      2.  By amending subsection (h) to read:
 
10      "(h)  A knowing or intentional violation of a restraining
 
11 order or injunction issued pursuant to this section is a
 
12 misdemeanor.  The court shall sentence a violator to appropriate
 
13 counseling and shall sentence a [person] violator convicted under
 
14 this section as follows:
 
15      (1)  For a violation of an injunction or restraining order
 
16           that occurs after a conviction for a violation of the
 
17           same injunction or restraining order, a violator shall
 
18           be sentenced to a mandatory minimum jail sentence of
 
19           not less than forty-eight hours; and
 
20      (2)  For any subsequent violation that occurs after a second
 

 
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                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1           conviction for violation of the same injunction or
 
 2           restraining order, the [person] violator shall be
 
 3           sentenced to a mandatory minimum jail sentence of not
 
 4           less than thirty days.
 
 5      The court may suspend any jail sentence, except for the
 
 6 mandatory sentences under paragraphs (1) and (2), upon
 
 7 appropriate conditions, such as that the defendant remain alcohol
 
 8 and drug-free, conviction-free, or complete court-ordered
 
 9 assessments or counseling.  The court may suspend the mandatory
 
10 sentences under paragraphs (1) and (2) where the violation of the
 
11 injunction or restraining order does not involve violence or the
 
12 threat of violence.  Nothing in this section shall be construed
 
13 as limiting the discretion of the judge to impose additional
 
14 sanctions authorized in sentencing for a misdemeanor offense."
 
15      SECTION 2.  Statutory material to be repealed is bracketed.
 
16 New statutory material is underscored.
 
17      SECTION 3.  This Act shall take effect upon its approval.