Bill Text: HI SB752 | 2016 | Regular Session | Amended


Bill Title: Domestic Abuse; Wireless Plans; Cellphones; Contractual Release

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed - Dead) 2015-12-17 - Carried over to 2016 Regular Session. [SB752 Detail]

Download: Hawaii-2016-SB752-Amended.html

THE SENATE

S.B. NO.

752

TWENTY-EIGHTH LEGISLATURE, 2015

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO DOMESTIC VIOLENCE.

 

 

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

 


     SECTION 1.  The legislature finds that victims of domestic abuse currently lack meaningful support and viable options when establishing a plan to leave an abuser.  Independence of a phone plan may often aid these victims in formulating and following through on a means of escape, especially in situations where the abuser is the account manager for the cellphone plan or a part of a shared or family plan, and as a result, may view any calls, track locations, and account activity of phones associated with the shared or family cellphone plan.

     SECTION 2.  Chapter 586, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§586-    Transfer or release of domestic abuse victims from shared wireless plans.  (a)  The court may issue an order requiring all wireless telecommunications service providers to:

     (1)  Transfer the billing authority and all rights to the wireless telephone number or numbers of a shared wireless plan to the petitioner who is a victim of domestic abuse if the petitioner is not the account holder of the shared wireless plan; or

     (2)  Remove or release the petitioner who is a victim of domestic abuse from a shared wireless plan and assign a substitute telephone number or numbers.

     (b)  The order issued pursuant to subsection (a) shall be a separate order that is directed to the wireless telecommunications service provider.  The order shall list the name and billing telephone number of the account holder, name of the person to whom the telephone number or numbers will be transferred, and each telephone number to be transferred.

     (c)  For purposes of this section:

     "Domestic abuse" shall have the same meaning as in section 586-1.

     "Wireless telecommunications service" shall have the same meaning as commercial mobile radio service" as defined in title 47 Code of Federal Regulations section 20.3.

     "Wireless telecommunications service provider" means a provider of wireless telecommunications service."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on January 7, 2059.



 

Report Title:

Domestic Abuse; Wireless Plans; Cellphones; Contractual Release

 

Description:

Authorizes the Family Court to issue an order requiring wireless telecommunications service providers to transfer billing authority and rights to phone numbers to petitioners who are domestic abuse victims or to release petitioners who are domestic abuse victims from shared wireless plans.  Effective 01/07/2059.  (SD1)

 

 

 

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

 

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