Bill Text: HI HB2710 | 2020 | Regular Session | Introduced
Bill Title: Relating To Protective Orders.
Spectrum: Partisan Bill (Democrat 26-0)
Status: (Introduced - Dead) 2020-02-06 - The committee(s) on PVM/JUD recommend(s) that the measure be deferred. [HB2710 Detail]
Download: Hawaii-2020-HB2710-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2710 |
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THIRTIETH LEGISLATURE, 2020 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to protective orders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 586-4, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:
"(e)
When a temporary restraining order is granted and the respondent or
person to be restrained knows of the order, a knowing or intentional violation
of the restraining order is a misdemeanor.
A law enforcement officer, as defined in
section 710-1000, shall be permitted to search a person convicted under this
section, including the person's motor vehicle and the person's residence, for firearms
without obtaining a search warrant pursuant to chapter 803 if the law
enforcement officer has reason to believe acts of abuse or malicious property
damage by the person are imminent. A firearm
seized as a result of the search shall not be considered in any subsequent
conviction if the court finds there was not probable cause for the search; provided
that the firearm may be maintained by law enforcement until the registered owner
of the firearm provides sufficient proof to law enforcement that the firearm
will be properly stored.
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) Except
as provided in paragraph (2), for a first conviction for a violation of the
temporary restraining order, the person shall serve a mandatory minimum jail
sentence of 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;
(2) For a first conviction for a violation of the temporary restraining order, if the person has a prior conviction for any of the following felonies:
(A) Section 707-701 relating to murder in the first degree;
(B) Section 707-701.5 relating to murder in the second degree;
(C) Section 707-710 relating to assault in the first degree;
(D) Section 707-711 relating to assault in the second degree;
(E) Section 707-720 relating to kidnapping;
(F) Section 707-721 relating to unlawful imprisonment in the first degree;
(G) Section 707-730 relating to sexual assault in the first degree;
(H) Section 707-731 relating to sexual assault in the second degree;
(I) Section 707-732 relating to sexual assault in the third degree;
(J) Section 707-733.6 relating to continuous sexual assault of a minor under the age of fourteen years;
(K) Section 707-750 relating to promoting child abuse in the first degree;
(L) Section 708-810 relating to burglary in the first degree;
(M) Section 708-811 relating to burglary in the second degree;
(N) Section 709-906 relating to abuse of family or household members; or
(O) 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, the person shall serve a mandatory minimum term of imprisonment of 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; and
(3) For
the second and any subsequent conviction for a violation of the temporary
restraining order, the person shall serve a mandatory minimum jail sentence of
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,
except for the mandatory sentences under paragraphs (1), (2), and (3) upon
condition that the defendant remain alcohol and drug-free, conviction-free, or
complete court-ordered assessments or intervention. Nothing in this section shall be construed as
limiting the discretion of the judge to impose additional sanctions authorized
in sentencing for a misdemeanor."
SECTION 2. Section 586-11, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(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 law enforcement officer, as defined in
section 710-1000, shall be permitted to search a person convicted under this
section, including the person's motor vehicle and the person's residence, for
firearms without obtaining a search warrant pursuant to chapter 803 if the law
enforcement officer has reason to believe acts of abuse or malicious property
damage by the person are imminent. A
firearm seized as a result of the search shall not be considered in any
subsequent conviction if the court finds there was not probable cause for the
search; provided that the firearm may be maintained by law enforcement until
the registered owner of the firearm provides sufficient proof to law
enforcement that the firearm will be properly stored.
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;
(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;
(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;
(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;
(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
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;
(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.
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."
SECTION 3. Section 604-10.5, Hawaii Revised Statutes, is amended by amending subsection (i) to read as follows:
"(i) A knowing or intentional violation of a restraining order or injunction issued pursuant to this section is a misdemeanor.
A law enforcement officer, as defined in
section 710-1000, shall be permitted to search a person convicted under this
section, including the person's motor vehicle and the person's residence, for
firearms without obtaining a search warrant pursuant to chapter 803 if the law
enforcement officer has reason to believe acts of harassment by the person are
imminent. A firearm seized as a result
of the search shall not be considered in any subsequent conviction if the court
finds there was not probable cause for the search; provided that the firearm
may be maintained by law enforcement until the registered owner of the firearm provides
sufficient proof to law enforcement that the firearm will be properly stored.
The court shall sentence a violator to appropriate counseling and shall sentence a person convicted under this section as follows:
(1) For a violation of an injunction or restraining order that occurs after a conviction for a violation of the same injunction or restraining order, the person shall be sentenced to a mandatory minimum jail sentence of not less than forty-eight hours; and
(2) For any subsequent violation that occurs after a second conviction for violation of the same injunction or restraining order, the person shall be sentenced to a mandatory minimum jail sentence of not less than thirty days.
The court may suspend any jail sentence, except for the mandatory sentences under paragraphs (1) and (2), upon appropriate conditions, such as that the defendant remain alcohol- and drug-free, conviction-free, or complete court-ordered assessments or counseling. The court may suspend the mandatory sentences under paragraphs (1) and (2) where the violation of the injunction or restraining order does not involve violence or the threat of violence. 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."
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Temporary Restraining Orders; Protective Orders; Domestic Abuse; Malicious Property Damage; Harassment; Violation; Firearm Search
Description:
Permits a law enforcement officer to search a person convicted of violating certain temporary restraining orders or protective orders, including the person's motor vehicle and the person's residence, for firearms without obtaining a search warrant if the law enforcement officer has reason to believe acts of abuse, malicious property damage, or harassment by the person are imminent. Specifies that a seized firearm shall not be used for a subsequent conviction if the original search lacked probable cause but authorizes law enforcement to maintain the firearm until the registered owner can prove the firearm will be safely stored.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
