If enacted, SB638 will enhance the legal repercussions for individuals found guilty of violating a TRO, particularly under a stay-at-home directive. The new provisions include mandatory minimum jail sentences, with specific stipulations that those convicted of violating a TRO during a stay-at-home order face a minimum of 30 days in jail and a $5,000 fine. This change is expected to underscore the seriousness of violating protective orders during emergencies, reflecting a commitment to safeguarding individuals' rights and well-being.
Summary
Senate Bill 638 aims to amend existing provisions related to temporary restraining orders (TROs) within the Hawaii Revised Statutes. The bill focuses on increasing the penalties for individuals who repeatedly violate these orders, especially in circumstances where such violations occur during a declared stay-at-home or safer-at-home order issued by the Governor or a Mayor. The legislation defines 'course of conduct' and 'harassment' in detail to clarify the behaviors that may lead to the issuance of a TRO.
Contention
Some potential points of contention surrounding SB638 may arise from concerns over the prescribed penalties, which some critics could view as excessively harsh. Additionally, there may be apprehensions regarding how the definitions of harassment and injury are applied in practice, as well as the judicial discretion allowed under the new rules. Supporters argue that increased penalties deter repeat offenders and reinforce protective measures for vulnerable individuals, particularly during public health crises. This legislative measure aims to strike a balance between accountability and the protection of civil liberties.