Hawaii 2023 Regular Session

Hawaii House Bill HB752 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	HOUSE OF REPRESENTATIVES H.B. NO. 752 THIRTY-SECOND LEGISLATURE, 2023 ~~H.D. 1~~ STATE OF HAWAII A BILL FOR AN ACT RELATING TO PROTECTIVE ORDERS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
	1	+	HOUSE OF REPRESENTATIVES H.B. NO. 752 THIRTY-SECOND LEGISLATURE, 2023 STATE OF HAWAII A BILL FOR AN ACT RELATING TO PROTECTIVE ORDERS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3		HOUSE OF REPRESENTATIVES H.B. NO. 752
4		-	THIRTY-SECOND LEGISLATURE, 2023 ~~H.D. 1~~
	4	+	THIRTY-SECOND LEGISLATURE, 2023
5	5		STATE OF HAWAII
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7	7		HOUSE OF REPRESENTATIVES
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9	9		H.B. NO.
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11	11		752
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13	13		THIRTY-SECOND LEGISLATURE, 2023
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15		-	~~H.D. 1~~
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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 PROTECTIVE ORDERS.
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43	43		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47		-	SECTION 1. Section 586-2, Hawaii Revised Statutes, is amended to read as follows: "[[]§586-2[]] Court jurisdiction. An application for relief under this chapter may be filed in any family court in the circuit in which ~~[the]: (1)~~ The petitioner resides[.] or is temporarily located; (2) The respondent resides; (3) The subject of the petition, a petitioner's family or household member who is a minor or who is an incapacitated person as defined in section 560:5-102 or who is physically unable to go to the appropriate place to complete or file the petition, resides or is temporarily located; or (4) The domestic abuse, as defined by section 586-1, occurred. (b) Actions under this chapter shall be given docket priorities by the court." SECTION 2. Section 604-10.5, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows: "(c) Any person who has been subjected to harassment may petition the district court [of the district in which the ~~petitioner resides~~] ~~for a temporary restraining order and an injunction from further harassment[.] in the district in which~~: (1) The petitioner resides or is temporarily located; (2) The respondent resides; or (3) The ~~harassment~~ occurred." 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.
	47	+	SECTION 1. Section 586-2, Hawaii Revised Statutes, is amended to read as follows: "[[]§586-2[]] Court jurisdiction. [An application] (a) A petition for a temporary restraining order or an order for protection may be filed by a person in family court under whose jurisdiction: (1) The petitioner resides or is temporarily located; (2) The respondent resides, is temporarily located, or is served; or (3) The offense occurred. (b) All other applications for relief under this chapter may be filed in any family court in the circuit in which the petitioner resides. (c) Actions under this chapter shall be given docket priorities by the court." SECTION 2. Section 604-10.5, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows: "(c) Any person who has been subjected to harassment may petition the district court of the district in which [the]: (1) The petitioner resides or is temporarily located; (2) The respondent resides, is temporarily located, or is served; or (3) The offense occurred, for a temporary restraining order and an injunction from further harassment." 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 586-2, Hawaii Revised Statutes, is amended to read as follows:
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51		-	"[[]§586-2[]] Court jurisdiction. An application for ~~relief under this chapter~~ may be filed in ~~any~~ family court ~~in the circuit in which [the]~~:
	51	+	"[[]§586-2[]] Court jurisdiction. [An application] (a) A petition for a temporary restraining order or an order for protection may be filed by a person in family court under whose jurisdiction:
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53		-	(1) The petitioner resides~~[.]~~ or is temporarily located;
	53	+	(1) The petitioner resides or is temporarily located;
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55		-	(2) The respondent resides;
	55	+	(2) The respondent resides, is temporarily located, or is served; or
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57		-	(3) The subject of the petition, a petitioner's family or household member who is a minor or who is an incapacitated person as defined in section 560:5-102 or who is physically unable to go to the appropriate place to complete or file the petition, resides or is temporarily located; or
	57	+	(3) The offense occurred.
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59		-	(4) The ~~domestic abuse,~~ ~~as defined by section 586-1, occurred~~.
	59	+	(b) All other applications for relief under this chapter may be filed in any family court in the circuit in which the petitioner resides.
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61		-	(b) Actions under this chapter shall be given docket priorities by the court."
	61	+	(c) Actions under this chapter shall be given docket priorities by the court."
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63	63		SECTION 2. Section 604-10.5, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
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65		-	"(c) Any person who has been subjected to harassment may petition the district court [of the district in which the ~~petitioner resides~~] ~~for a temporary restraining order and an injunction from further harassment[.] in the district in which~~:
	65	+	"(c) Any person who has been subjected to harassment may petition the district court of the district in which [the]:
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67	67		(1) The petitioner resides or is temporarily located;
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69		-	(2) The respondent resides; or
	69	+	(2) The respondent resides, is temporarily located, or is served; or
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71		-	(3) The harassment occurred."
	71	+	(3) The offense occurred,
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	73	+	for a temporary restraining order and an injunction from further harassment."
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73	75		SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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75	77		SECTION 4. This Act shall take effect upon its approval.
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79		-	Report Title: Domestic Abuse Protective Orders; Nonresidents; Harassment; Temporary Restraining Orders Description: Expands the jurisdiction for a petition for a domestic abuse protective order to be in the family court in which the nonresident is located; the respondent resides; the subject of a petition that is a minor, incapacitated person, or person who is physically unable to go to the appropriate place; or the domestic abuse occurred. Expands the jurisdiction for petitions for temporary restraining orders due to harassment to be in the district court in which the nonresident is located; the respondent resides; or the harassment occurred. (HD1) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
	81	+	INTRODUCED BY: _____________________________
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	83	+	INTRODUCED BY:
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	85	+	_____________________________
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	91	+	Report Title: Protective Orders; Nonresidents; Domestic Abuse; Harassment Description: Allows nonresidents to apply for a temporary restraining order or order for protection in cases of domestic abuse. Allows nonresidents to apply for a temporary restraining order and an injunction from further harassment. 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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85	97		Report Title:
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87		-	~~Domestic Abuse~~ Protective Orders; Nonresidents; ~~Harassment~~; ~~Temporary Restraining Orders~~
	99	+	Protective Orders; Nonresidents; Domestic Abuse; Harassment
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91	103		Description:
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93		-	~~Expands the jurisdiction~~ for a ~~petition~~ for a domestic abuse protective order to be in the family court in which the nonresident is located; the respondent resides; the subject of a petition that is a minor, incapacitated person, or person who is physically unable to go to the appropriate place; or the domestic abuse occurred. Expands the jurisdiction for petitions for temporary restraining ~~orders due to~~ harassment ~~to be in the district court in which the nonresident is located; the respondent resides; or the harassment occurred~~. ~~(HD1)~~
	105	+	Allows nonresidents to apply for a temporary restraining order or order for protection in cases of domestic abuse. Allows nonresidents to apply for a temporary restraining order and an injunction from further harassment.
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101	113		The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.