HOUSE OF REPRESENTATIVES

H.B. NO.

239

TWENTY-SIXTH LEGISLATURE, 2011

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to orderS for protection.

 

 

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

 


     SECTION 1.  Section 586-11, Hawaii Revised Statutes, is amended to read as follows:

     "§586-11  Violation of an order for protection.  (a)  Whenever an order for protection is granted pursuant to this chapter, a respondent or person to be restrained who knowingly or intentionally violates the order for protection is guilty of a misdemeanor.  A person convicted under this section shall undergo domestic violence intervention at any available domestic violence program as ordered by the court.  The court additionally shall sentence a person convicted under this section as follows:

     (1)  For a first conviction for violation of the order for protection:

         (A)  That is in the nature of non-domestic abuse, the person may be sentenced to a jail sentence of forty-eight hours and be fined not more than $150; provided that the court shall not sentence a defendant to pay a fine unless the defendant is or will be able to pay the fine[;].  If the person has a prior conviction for any of the following felonies: section 707-701 relating to murder in the first degree; section 707-701.5 relating to murder in the second degree; section 707-710 relating to assault in the first degree; section 707-711 relating to assault in the second degree; section 707-720 relating to kidnapping; section 707-721 relating to unlawful imprisonment in the first degree; section 707-730 relating to sexual assault in the first degree; section 707-731 relating to sexual assault in the second degree; section 707-732 relating to sexual assault in the third degree; section 707-733.6 relating to continuous sexual assault of a minor under the age of fourteen years; section 707-750 relating to promoting child abuse in the first degree; section 708-810 relating to burglary in the first degree; section 708-811 relating to burglary in the second degree; section 709-906 relating to the abuse of family or household members; or section 711-1106.4 relating to aggravated harassment by stalking, and if any of these offenses has been committed against a family or household member as defined in section 586-1, then for a first conviction for violation of the order for protection, the person shall be sentenced to a mandatory minimum jail sentence of not less than fifteen days and be fined not less than $150 nor more than $600; provided that the court shall not sentence a defendant to pay a fine unless the defendant is or will be able to pay the fine;

         (B)  That is in the nature of domestic abuse, the person shall be sentenced to a mandatory minimum jail sentence of not less than forty-eight hours and be fined not less than $150 nor more than $500; provided that the court shall not sentence a defendant to pay a fine unless the defendant is or will be able to pay the fine[;].  If the person has a prior conviction for any of the following felonies: section 707-701 relating to murder in the first degree; section 707-701.5 relating to murder in the second degree; section 707-710 relating to assault in the first degree; section 707-711 relating to assault in the second degree; section 707-720 relating to kidnapping; section 707-721 relating to unlawful imprisonment in the first degree; section 707-730 relating to sexual assault in the first degree; section 707-731 relating to sexual assault in the second degree; section 707-732 relating to sexual assault in the third degree; section 707-733.6 relating to continuous sexual assault of a minor under the age of fourteen years; section 707-750 relating to promoting child abuse in the first degree; section 708-810 relating to burglary in the first degree; section 708-811 relating to burglary in the second degree; section 709-906 relating to the abuse of family or household members; or section 711-1106.4 relating to aggravated harassment by stalking, and if any of these offenses has been committed against a family or household member as defined in section 586-1, then for a first conviction for violation of the order for protection, the person shall be sentenced to a mandatory minimum jail sentence of not less than fifteen days and be fined not less than $150 nor more than $600; provided that the court shall not sentence a defendant to pay a fine unless the defendant is or will be able to pay the fine;

     (2)  For a second conviction for violation of the order for protection:

         (A)  That is in the nature of non-domestic abuse, and occurs after a first conviction for violation of the same order that was in the nature of non-domestic abuse, the person shall be sentenced to a mandatory minimum jail sentence of not less than forty-eight hours and be fined not more than $250; provided that the court shall not sentence a defendant to pay a fine unless the defendant is or will be able to pay the fine[;].  If the person has a prior conviction for any of the following felonies: section 707-701 relating to murder in the first degree; section 707-701.5 relating to murder in the second degree; section 707-710 relating to assault in the first degree; section 707-711 relating to assault in the second degree; section 707-720 relating to kidnapping; section 707-721 relating to unlawful imprisonment in the first degree; section 707-730 relating to sexual assault in the first degree; section 707-731 relating to sexual assault in the second degree; section 707-732 relating to sexual assault in the third degree; section 707-733.6 relating to continuous sexual assault of a minor under the age of fourteen years; section 707-750 relating to promoting child abuse in the first degree; section 708-810 relating to burglary in the first degree; section 708-811 relating to burglary in the second degree; section 709-906 relating to the abuse of family or household members; or section 711-1106.4 relating to aggravated harassment by stalking, and if any of these offenses has been committed against a family or household member as defined in section 586-1, then for a second conviction for violation of the order for protection, the person shall be sentenced to a mandatory minimum jail sentence of not less than thirty days and be fined not less than $250 nor more than $1,000; provided that the court shall not sentence a defendant to pay a fine unless the defendant is or will be able to pay the fine;

         (B)  That is in the nature of domestic abuse, and occurs after a first conviction for violation of the same order that was in the nature of domestic abuse, the person shall be sentenced to a mandatory minimum jail sentence of not less than thirty days and be fined not less than $250 nor more than $1,000; provided that the court shall not sentence a defendant to pay a fine unless the defendant is or will be able to pay the fine;

         (C)  That is in the nature of non-domestic abuse, and occurs after a first conviction for violation of the same order that was in the nature of domestic abuse, the person shall be sentenced to a mandatory minimum jail sentence of not less than forty-eight hours and be fined not more than $250; provided that the court shall not sentence a defendant to pay a fine unless the defendant is or will be able to pay the fine[;].  If the person has a prior conviction for any of the following felonies: section 707-701 relating to murder in the first degree; section 707-701.5 relating to murder in the second degree; section 707-710 relating to assault in the first degree; section 707-711 relating to assault in the second degree; section 707-720 relating to kidnapping; section 707-721 relating to unlawful imprisonment in the first degree; section 707-730 relating to sexual assault in the first degree; section 707-731 relating to sexual assault in the second degree; section 707-732 relating to sexual assault in the third degree; section 707-733.6 relating to continuous sexual assault of a minor under the age of fourteen years; section 707-750 relating to promoting child abuse in the first degree; section 708-810 relating to burglary in the first degree; section 708-811 relating to burglary in the second degree; section 709-906 relating to the abuse of family or household members; or section 711-1106.4 relating to aggravated harassment by stalking, and if any of these offenses has been committed against a family or household member as defined in section 586-1, then for a second conviction for violation of the order for protection, the person shall be sentenced to a mandatory minimum jail sentence of not less than thirty days and be fined not less than $250 nor more than $1,000; provided that the court shall not sentence a defendant to pay a fine unless the defendant is or will be able to pay the fine;

         (D)  That is in the nature of domestic abuse, and occurs after a first conviction for violation of the same order that is in the nature of non-domestic abuse, the person shall be sentenced to a mandatory minimum jail sentence of not less than forty-eight hours and be fined not [more] less than $150 nor more than $600; provided that the court shall not sentence a defendant to pay a fine unless the defendant is or will be able to pay the fine[;].  If the person has a prior conviction for any of the following felonies: section 707-701 relating to murder in the first degree; section 707-701.5 relating to murder in the second degree; section 707-710 relating to assault in the first degree; section 707-711 relating to assault in the second degree; section 707-720 relating to kidnapping; section 707-721 relating to unlawful imprisonment in the first degree; section 707-730 relating to sexual assault in the first degree; section 707-731 relating to sexual assault in the second degree; section 707-732 relating to sexual assault in the third degree; section 707-733.6 relating to continuous sexual assault of a minor under the age of fourteen years; section 707-750 relating to promoting child abuse in the first degree; section 708-810 relating to burglary in the first degree; section 708-811 relating to burglary in the second degree; section 709-906 relating to the abuse of family or household members; or section 711-1106.4 relating to aggravated harassment by stalking, and if any of these offenses has been committed against a family or household member as defined in section 586-1, then for a second conviction for violation of the order for protection, the person shall be sentenced to a mandatory minimum jail sentence of not less than thirty days and be fined not less than $250 nor more than $1,000; provided that the court shall not sentence a defendant to pay a fine unless the defendant is or will be able to pay the fine;

     (3)  For any subsequent violation that occurs after a second conviction for violation of the same order for protection, the person shall be sentenced to a mandatory minimum jail sentence of not less than thirty days and be fined not less than $250 nor more than $1,000; provided that the court shall not sentence a defendant to pay a fine unless the defendant is or will be able to pay the fine.

     Upon conviction and sentencing of the defendant, the court shall order that the defendant immediately be incarcerated to serve the mandatory minimum sentence imposed; provided that the defendant may be admitted to bail pending appeal pursuant to chapter 804.  The court may stay the imposition of the sentence if special circumstances exist.

     The court may suspend any jail sentence under subparagraphs (1)(A) and (2)(C), upon condition that the defendant remain alcohol and drug-free, conviction-free, or complete court-ordered assessments or intervention[.]; except the court shall not suspend any jail sentence for a person with a prior conviction for any of the following felonies: section 707-701 relating to murder in the first degree; section 707-701.5 relating to murder in the second degree; section 707-710 relating to assault in the first degree; section 707-711 relating to assault in the second degree; section 707-720 relating to kidnapping; section 707-721 relating to unlawful imprisonment in the first degree; section 707-730 relating to sexual assault in the first degree; section 707-731 relating to sexual assault in the second degree; section 707-732 relating to sexual assault in the third degree; section 707-733.6 relating to continuous sexual assault of a minor under the age of fourteen years; section 707-750 relating to promoting child abuse in the first degree; section 708-810 relating to burglary in the first degree; section 708-811 relating to burglary in the second degree; section 709-906 relating to the abuse of family or household members; or section 711-1106.4 relating to aggravated harassment by stalking, and if any of these offenses has been committed against a family or household member as defined in section 586-1.  Nothing in this section shall be construed as limiting the discretion of the judge to impose additional sanctions authorized in sentencing for a misdemeanor offense.  All remedies for the enforcement of judgments shall apply to this chapter.

     (b)  Any fines collected pursuant to subsection (a) shall be deposited into the spouse and child abuse special account established under section 601-3.6."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2011.

 

INTRODUCED BY:

_____________________________

 

By Request


 


 

Report Title:

Order for Protection; Violations

 

Description:

Enhances penalties for a person who has a prior conviction for certain crimes and is subsequently convicted of violating an order of protection.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.