REPORT TITLE:
Aggr. Hars/Stalk; St. Limit.


DESCRIPTION:
Extends the statute of limitations for aggravated harassment by
stalking to 6 years.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        3130
THE SENATE                              S.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO AGGRAVATED HARASSMENT BY STALKING.



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

 1      SECTION 1.  Section 711-1106.4, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "[[]711-1106.4[]]  Aggravated harassment by stalking.(1)
 
 4 A person commits the offense of aggravated harassment by stalking
 
 5 if that person commits the offense of harassment by stalking as
 
 6 provided in section 711-1106.5 and has been convicted previously
 
 7 of harassment by stalking involving the same person under section
 
 8 711-1106.5 and:
 
 9      (a)  The actions constituting the present offense are in
 
10           violation of an existing court order, other than one
 
11           issued ex parte, restraining the [same person]
 
12           defendant from contacting, threatening, or physically
 
13           abusing the same complainant; or
 
14      (b)  The actions constituting the present offense are in
 
15           violation of a condition of probation or pretrial
 
16           release involving the [same person.] defendant.
 
17      (2)  Notwithstanding section 701-108(2)(c), a prosecution
 
18 under this section must be commenced within six years after the
 
19 offense is committed.
 

 
Page 2                                                     3130
                                     S.B. NO.           
                                                        
                                                        

 
 1      [(2)] (3)  Aggravated harassment by stalking is a class C
 
 2 felony."
 
 3      SECTION 2.  This Act shall apply to any proceeding that has
 
 4 not yet commenced before its effective date.
 
 5      SECTION 3.  Statutory material to be repealed is bracketed.
 
 6 New statutory material is underscored.
 
 7      SECTION 4.  This Act shall take effect upon its approval.
 
 8 
 
 9                           INTRODUCED BY:_________________________