REPORT TITLE:
Dating Relationship;
Definition


DESCRIPTION:
Amends definition of family or household member to include
persons with a dating history. (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        599
THE SENATE                              S.B. NO.           S.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,
 
15 Hawaii Revised Statutes, (abuse of family and household member),
 
16 and may only be prosecuted under section 707-712, Hawaii Revised
 
17 Statutes, (assault in the third degree).  Although both are
 
18 misdemeanors, the sentencing guidelines for the offense of abuse
 
19 of family and household member are more severe, including
 

 
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                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1 mandatory jail time.  However, the legislature recognizes that it
 
 2 is the dynamics of the relationship, and not the physical living
 
 3 situation, that is the controlling factor in responding to
 
 4 domestic violence 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 by amending the definition of "family or household
 
14 member" to read as follows:
 
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 who
 
20 have or have had a dating relationship.
 
21      As used in this section, "dating relationship" means a
 
22 frequent intimate association with another person, primarily
 
23 characterized by the expectation of affectional or sexual
 

 
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                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1 involvement.  Factors the court may consider in making a
 
 2 determination if a dating relationship exists, or previously
 
 3 existed, shall include but not be limited to:  the length of time
 
 4 that the relationship existed; the nature of the relationship;
 
 5 and the frequency of interaction between the parties.  Neither a
 
 6 casual acquaintance nor ordinary fraternization between two
 
 7 individuals in a business or social context shall be deemed to
 
 8 constitute a dating relationship."
 
 9      SECTION 3.  Statutory material to be repealed is bracketed.
 
10 New statutory material is underscored.
 
11      SECTION 4.  This Act shall take effect upon its approval.