HOUSE OF REPRESENTATIVES

H.B. NO.

58

TWENTY-EIGHTH LEGISLATURE, 2015

H.D. 1

STATE OF HAWAII

S.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO PROTECTIVE ORDERS.

 

 

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

 


     SECTION 1.  (a)  There is established a protective order card pilot program under the Honolulu family justice center of the department of the prosecuting attorney of the city and county of Honolulu.  The purpose of the protective order card pilot program shall be to issue protective order cards to holders of a long term protective order issued by the courts of the first circuit of the State to allow law enforcement to quickly verify the existence of the long term protective order and easily obtain information regarding the long term protective order.

     (b)  A protective order card issued under the protective order card pilot program may be requested by any person who has been granted a long term protective order issued by any court of the first circuit of the State by submitting an application to the Honolulu family justice center in a form prescribed by the Honolulu family justice center.  Upon determining that the long term protective order is valid based on data provided by the judiciary or the National Crime Information Center's protection order file, the Honolulu family justice center shall issue the applicant one or more cards as may be necessary for the applicant to:

     (1)  Provide the protective order card to a school or employer;

     (2)  Allow use of the protective order card by any child or other individual covered by the long term protective order; or

     (3)  Provide the protective order card to the school, day care program, or other similar entity for a child or other individual covered by the long term protective order.

     (c)  A protective order card shall be a laminated card, similar in size and shape to a credit card, and shall display a color photograph of the person to be restrained by the long term protective order, if available, and contain essential information about the long term protective order, including:

     (1)  Identifying characteristics of the person to be restrained, including name, date of birth, sex, race, eye and hair color, height, weight, and any distinguishing features such as scars or tattoos;

     (2)  The case number and the issuing court of the first circuit of the State of the long term protective order;

     (3)  The issue and expiration date of the long term protective order;

     (4)  The terms of the long term protective order;

     (5)  A website and Hawaii phone number by which law enforcement personnel can access the protective order card pilot program database to verify the information on the protective order card;

     (6)  Identifying characteristics of the applicant, including name, date of birth, sex, race, eye and hair color, height, and weight; and

     (7)  The names and birth dates of any children or other individuals who are also protected by the long term protective order.

     (d)  The Honolulu family justice center may charge a fee not to exceed $20 per protective order card, after the first card.

     (e)  For the purposes of this section, "long term protective order" means an order granted under section 604-10.5 that is effective for a period exceeding ninety days, or an order granted under chapter 586 that is effective for a period exceeding one hundred eighty days.

     (f)  The Honolulu family justice center shall maintain a database of all protective order cards issued by the protective order card pilot program and their related long term protective orders.  The records may be incorporated as part of the current Hawaii criminal justice center protective order databases, records, or both.  Law enforcement personnel may access the database or the National Crime Information Center's protection order file database to verify the existence and scope of a long term protective order.

     (g)  The Honolulu family justice center may work with outside agencies and local, state, and federal governments and accept gifts, donations, and grants from public agencies and private persons to support the protective order card pilot program.

     (h)  The department of the prosecuting attorney of the city and county of Honolulu shall submit a report to the legislature no later than twenty days prior to the convening of the regular sessions of 2016, 2017, and 2018 to provide a report on the activities and status of the protective order card pilot program.

     SECTION 2.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2015-2016 and the same sum or so much thereof as may be necessary for fiscal year 2016-2017 for a grant-in-aid to the Honolulu family justice center to implement the protective order card pilot program.

     The sums appropriated shall be expended by the department of the prosecuting attorney of the city and county of Honolulu for the purposes of this Act.

     SECTION 3.  This Act shall take effect on July 1, 2015; provided that this Act shall be repealed on December 31, 2018.


 


 

Report Title:

Protective Order Card Pilot Program; Protective Orders; Appropriation

 

Description:

Establishes the protective order card pilot program within the Honolulu family justice center to issue protective order cards upon request of individuals holding a long term protective order issued by a court of the first circuit of the State, with specified relevant information about the protective orders and all covered parties.  Appropriates funds for a grant-in-aid to the Honolulu family justice center.  Sunsets on 12/31/2018.  (SD1)

 

 

 

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