Hawaii 2022 Regular Session

Hawaii Senate Bill SB638 Compare Versions

Only one version of the bill is available at this time.

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1	1	THE SENATE S.B. NO. 638 THIRTY-FIRST LEGISLATURE, 2021 STATE OF HAWAII A BILL FOR AN ACT relating to temporary restraining orders. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 638
4	4	THIRTY-FIRST LEGISLATURE, 2021
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7	7	THE SENATE
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9	9	S.B. NO.
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11	11	638
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13	13	THIRTY-FIRST LEGISLATURE, 2021
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to temporary restraining orders.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. Section 604-10.5, Hawaii Revised Statutes, is amended as follows: 1. By amending subsection (a) to read: "(a) For the purposes of this section: "Course of conduct" means a pattern of conduct composed of a series of acts over any period of time evidencing a continuity of purpose. "Harassment" means: (1) Physical harm, bodily injury, assault, or the threat of imminent physical harm, bodily injury, or assault; or (2) An intentional or knowing course of conduct directed at an individual that seriously alarms or disturbs consistently or continually bothers the individual and serves no legitimate purpose; provided that such course of conduct would cause a reasonable person to suffer emotional distress. "Stay-at-home or safer-at-home order or advisory" means a mandate or recommendation issued by the governor or a mayor that prohibits persons from leaving their residence during an emergency period." 2. By amending subsection (i) to read: "(i) A knowing or intentional violation of a restraining order or injunction issued pursuant to this section is a misdemeanor. 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] provided that for any violation of an injunction or restraining order that occurs after a conviction for a violation of the same injunction or restraining order and that occurs during a stay-at-home or safer-at-home order or advisory declared pursuant to chapter 127A, the person shall be sentenced to a mandatory minimum jail sentence of no less than thirty days and a fine of no less than $5,000; 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 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 upon its approval. INTRODUCED BY: _____________________________
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49	49	SECTION 1. Section 604-10.5, Hawaii Revised Statutes, is amended as follows:
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51	51	1. By amending subsection (a) to read:
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53	53	"(a) For the purposes of this section:
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55	55	"Course of conduct" means a pattern of conduct composed of a series of acts over any period of time evidencing a continuity of purpose.
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57	57	"Harassment" means:
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59	59	(1) Physical harm, bodily injury, assault, or the threat of imminent physical harm, bodily injury, or assault; or
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61	61	(2) An intentional or knowing course of conduct directed at an individual that seriously alarms or disturbs consistently or continually bothers the individual and serves no legitimate purpose; provided that such course of conduct would cause a reasonable person to suffer emotional distress.
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63	63	"Stay-at-home or safer-at-home order or advisory" means a mandate or recommendation issued by the governor or a mayor that prohibits persons from leaving their residence during an emergency period."
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65	65	2. By amending subsection (i) to read:
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67	67	"(i) A knowing or intentional violation of a restraining order or injunction issued pursuant to this section is a misdemeanor. The court shall sentence a violator to appropriate counseling and shall sentence a person convicted under this section as follows:
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69	69	(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] provided that for any violation of an injunction or restraining order that occurs after a conviction for a violation of the same injunction or restraining order and that occurs during a stay-at-home or safer-at-home order or advisory declared pursuant to chapter 127A, the person shall be sentenced to a mandatory minimum jail sentence of no less than thirty days and a fine of no less than $5,000; and
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71	71	(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.
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73	73	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."
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75	75	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.
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77	77	SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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79	79	SECTION 4. This Act shall take effect upon its approval.
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83	83	INTRODUCED BY: _____________________________
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85	85	INTRODUCED BY:
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93	93	Report Title: Temporary Restraining Orders; Repeat Offenders; Stay at Home Orders Description: Increases the penalties for repeat TRO offenders who violate the TRO during a stay-at-home or safer-at-home order or advisory issued by the Governor or a Mayor. 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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99	99	Report Title:
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101	101	Temporary Restraining Orders; Repeat Offenders; Stay at Home Orders
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105	105	Description:
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107	107	Increases the penalties for repeat TRO offenders who violate the TRO during a stay-at-home or safer-at-home order or advisory issued by the Governor or a Mayor.
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115	115	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.