| 1 | 1 | | THE SENATE S.B. NO. 2189 THIRTY-SECOND LEGISLATURE, 2024 STATE OF HAWAII A BILL FOR AN ACT relating to workplace safety. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: |
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| 2 | 2 | | |
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| 3 | 3 | | THE SENATE S.B. NO. 2189 |
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| 4 | 4 | | THIRTY-SECOND LEGISLATURE, 2024 |
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| 5 | 5 | | STATE OF HAWAII |
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| 7 | 7 | | THE SENATE |
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| 9 | 9 | | S.B. NO. |
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| 11 | 11 | | 2189 |
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| 12 | 12 | | |
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| 13 | 13 | | THIRTY-SECOND LEGISLATURE, 2024 |
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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 workplace safety. |
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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. Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§321- Reporting of acts of violence against health care workers. (a) A person who employs or contracts with a health care worker who suffers an act of violence may report the event to law enforcement; provided that the health care worker consents to reporting the event. (b) Nothing in this section shall be construed to prohibit a health care worker from self-reporting to law enforcement an act of violence. (c) For purposes of this section: "Act of violence" means an action in which a person intentionally or knowingly uses force that causes bodily injury to another person or threatens, by word or conduct, to cause bodily injury to another person. "Health care facility" has the same meaning as in section 323D-2. "Health care worker" means any employee or independent contractor who is employed or contracted to perform work in a health care facility and who provides health care services in the course of employment or by contract." SECTION 2. Section 604-10.5, Hawaii Revised Statutes, is amended to read as follows: "§604-10.5 Power to enjoin and temporarily restrain harassment. (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. "Health care facility" has the same meaning as in section 323D-2. "Health care worker" has the same meaning as in section 321- . (b) The district courts shall have the power to enjoin, prohibit, or temporarily restrain harassment. (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. A person who employs or contracts with a health care worker who has been subjected to harassment at the health care facility in which the health care worker is employed or contracted to perform work may, on behalf of and with the consent of the health care worker, petition the district court of the district in which the health care facility is situated for a temporary restraining order and an injunction from further harassment at the health care facility; provided that no injunction shall be issued in derogation of chapter 380. An employee organization that represents the health care worker shall be allowed to intervene in a proceeding under this section. (d) A petition for relief from harassment shall [be]: (1) Be in writing [and shall allege]; (2) Allege that a past act or acts of harassment may have occurred or that threats of harassment make it probable that acts of harassment may be imminent[;]. In the case of a petition filed by a person who employs or contracts with a harassed health care worker, allege that a past act or acts of harassment may have occurred or that threats of harassment make it probable that acts of harassment may be imminent at the health care facility; and [shall be] (3) Be accompanied by an affidavit made under oath or statement made under penalty of perjury stating the specific facts and circumstances for which relief is sought. (e) Upon petition to a district court under this section, the court may allow a petition, complaint, motion, or other document to be filed identifying the petitioner as "jane doe" or "john doe"; provided that the court finds that the "jane doe" or "john doe" filing is reasonably necessary to protect the privacy of the petitioner and will not unduly prejudice the prosecution or the defense of the action. In considering a petition requesting a "jane doe" or "john doe" filing, the court shall weigh the petitioner's interest in privacy against the public interest in disclosure. The court, only after finding clear and convincing evidence that would make public inspection inconsistent with the purpose of this section, may seal from the public all documents or portions of documents, including all subsequently filed documents, that would identify the petitioner or contain sufficient information from which the petitioner's identity could be discerned or inferred. Access to identifying information may be permitted to law enforcement or other authorized authority, in the course of conducting official business, to effectuate service, enforcement, or prosecution, or as ordered by the courts. (f) Upon petition to a district court under this section, the court may temporarily restrain the person or persons named in the petition from harassing the petitioner or health care worker upon a determination that there is probable cause to believe that a past act or acts of harassment have occurred or that a threat or threats of harassment may be imminent. The court may issue an ex parte temporary restraining order either in writing or orally; provided that oral orders shall be reduced to writing by the close of the next court day following oral issuance. (g) A temporary restraining order that is granted under this section shall remain in effect at the discretion of the court for a period not to exceed ninety days from the date the order is granted, including, in the case where a temporary restraining order restrains any party from harassing a minor, for a period extending to a date after the minor has reached eighteen years of age. A hearing on the petition to enjoin harassment shall be held within fifteen days after the temporary restraining order is granted. If service of the temporary restraining order has not been effected before the date of the hearing on the petition to enjoin, the court may set a new date for the hearing; provided that the new date shall not exceed ninety days from the date the temporary restraining order was granted. The parties named in the petition may file or give oral responses explaining, excusing, justifying, or denying the alleged act or acts of harassment. The court shall receive all evidence that is relevant at the hearing and may make independent inquiry. If the court finds by clear and convincing evidence that harassment as defined in paragraph (1) of that definition exists, it may enjoin for no more than three years further harassment of the petitioner[,] or health care worker, or that harassment as defined in paragraph (2) of that definition exists, it shall enjoin for no more than three years further harassment of the petitioner[,] or health care worker, including, in the case where any party is enjoined from harassing a minor, for a period extending to a date after the minor has reached eighteen years of age; provided that this subsection shall not prohibit the court from issuing other injunctions against the named parties even if the time to which the injunction applies exceeds a total of three years. Any order issued under this section shall be served upon the respondent. For the purposes of this section, "served" means actual personal service, service by certified mail, or proof that the respondent was present at the hearing at which the court orally issued the injunction. Where service of a restraining order or injunction has been made or where the respondent is deemed to have received notice of a restraining order or injunction order, any knowing or intentional violation of the restraining order or injunction order shall subject the respondent to the provisions in subsection (i). Any order issued shall be transmitted to the chief of police of the county in which the order is issued by way of regular mail, facsimile transmission, or other similar means of transmission. (h) The court may grant the prevailing party in an action brought under this section costs and fees, including attorney's fees. (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 (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. (j) Nothing in this section shall be construed to prohibit constitutionally protected activity. (k) Nothing in this section shall be construed to: (1) Create, expand, diminish, alter, or modify the duty, if any, of a person who employs or contracts with health care workers to provide a safe workplace for health care workers; (2) Limit any other rights or remedies available to health care workers or persons who employ or contract with health care workers under law, including but not limited to the seeking of injunctive relief through methods other than the procedures set forth in this section; (3) Affect or in any way limit the exclusivity provision in chapter 386; or (4) Limit the rights of employees to organize pursuant to article XIII, sections 1 and 2, of the state constitution or sections 377-4 and 380-2. (l) No civil liability shall attach or be imposed upon any person who employs or contracts with health care workers for: (1) Initiating a proceeding under this section; or (2) Investigating any alleged act or threat of harassment in the health care facility for purposes of determining the feasibility of or initiating a proceeding under this section. (m) A person who employs or contracts with health care workers, or the person's agent who acts in accordance with this section, shall be presumed to be acting in good faith and, unless lack of good faith is shown by clear and convincing evidence, shall be immune from civil liability for actions taken under this chapter. No person who employs or contracts with health care workers, or agent of the person, who fails to use the procedures authorized by this section shall be liable for negligence nor shall evidence of a failure to use those procedures be admissible as evidence of negligence. (n) No civil liability shall attach or be imposed upon any health care worker or witness for: (1) Participating in an investigation for purposes of initiating a proceeding under this section; provided that this immunity shall not apply to an action taken with malicious intent or any statement made with knowledge of its falsity; or (2) Presenting statements or evidence in a judicial proceeding under this section." 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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| 48 | 48 | | |
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| 49 | 49 | | SECTION 1. Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: |
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| 50 | 50 | | |
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| 51 | 51 | | "§321- Reporting of acts of violence against health care workers. (a) A person who employs or contracts with a health care worker who suffers an act of violence may report the event to law enforcement; provided that the health care worker consents to reporting the event. |
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| 52 | 52 | | |
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| 53 | 53 | | (b) Nothing in this section shall be construed to prohibit a health care worker from self-reporting to law enforcement an act of violence. |
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| 54 | 54 | | |
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| 55 | 55 | | (c) For purposes of this section: |
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| 56 | 56 | | |
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| 57 | 57 | | "Act of violence" means an action in which a person intentionally or knowingly uses force that causes bodily injury to another person or threatens, by word or conduct, to cause bodily injury to another person. |
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| 58 | 58 | | |
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| 59 | 59 | | "Health care facility" has the same meaning as in section 323D-2. |
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| 60 | 60 | | |
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| 61 | 61 | | "Health care worker" means any employee or independent contractor who is employed or contracted to perform work in a health care facility and who provides health care services in the course of employment or by contract." |
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| 62 | 62 | | |
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| 63 | 63 | | SECTION 2. Section 604-10.5, Hawaii Revised Statutes, is amended to read as follows: |
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| 64 | 64 | | |
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| 65 | 65 | | "§604-10.5 Power to enjoin and temporarily restrain harassment. (a) For the purposes of this section: |
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| 66 | 66 | | |
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| 67 | 67 | | "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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| 68 | 68 | | |
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| 69 | 69 | | "Harassment" means: |
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| 70 | 70 | | |
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| 71 | 71 | | (1) Physical harm, bodily injury, assault, or the threat of imminent physical harm, bodily injury, or assault; or |
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| 72 | 72 | | |
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| 73 | 73 | | (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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| 74 | 74 | | |
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| 75 | 75 | | "Health care facility" has the same meaning as in section 323D-2. |
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| 76 | 76 | | |
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| 77 | 77 | | "Health care worker" has the same meaning as in section 321- . |
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| 78 | 78 | | |
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| 79 | 79 | | (b) The district courts shall have the power to enjoin, prohibit, or temporarily restrain harassment. |
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| 80 | 80 | | |
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| 81 | 81 | | (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. A person who employs or contracts with a health care worker who has been subjected to harassment at the health care facility in which the health care worker is employed or contracted to perform work may, on behalf of and with the consent of the health care worker, petition the district court of the district in which the health care facility is situated for a temporary restraining order and an injunction from further harassment at the health care facility; provided that no injunction shall be issued in derogation of chapter 380. |
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| 82 | 82 | | |
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| 83 | 83 | | An employee organization that represents the health care worker shall be allowed to intervene in a proceeding under this section. |
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| 84 | 84 | | |
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| 85 | 85 | | (d) A petition for relief from harassment shall [be]: |
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| 86 | 86 | | |
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| 87 | 87 | | (1) Be in writing [and shall allege]; |
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| 88 | 88 | | |
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| 89 | 89 | | (2) Allege that a past act or acts of harassment may have occurred or that threats of harassment make it probable that acts of harassment may be imminent[;]. In the case of a petition filed by a person who employs or contracts with a harassed health care worker, allege that a past act or acts of harassment may have occurred or that threats of harassment make it probable that acts of harassment may be imminent at the health care facility; and [shall be] |
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| 90 | 90 | | |
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| 91 | 91 | | (3) Be accompanied by an affidavit made under oath or statement made under penalty of perjury stating the specific facts and circumstances for which relief is sought. |
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| 92 | 92 | | |
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| 93 | 93 | | (e) Upon petition to a district court under this section, the court may allow a petition, complaint, motion, or other document to be filed identifying the petitioner as "jane doe" or "john doe"; provided that the court finds that the "jane doe" or "john doe" filing is reasonably necessary to protect the privacy of the petitioner and will not unduly prejudice the prosecution or the defense of the action. |
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| 94 | 94 | | |
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| 95 | 95 | | In considering a petition requesting a "jane doe" or "john doe" filing, the court shall weigh the petitioner's interest in privacy against the public interest in disclosure. |
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| 96 | 96 | | |
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| 97 | 97 | | The court, only after finding clear and convincing evidence that would make public inspection inconsistent with the purpose of this section, may seal from the public all documents or portions of documents, including all subsequently filed documents, that would identify the petitioner or contain sufficient information from which the petitioner's identity could be discerned or inferred. Access to identifying information may be permitted to law enforcement or other authorized authority, in the course of conducting official business, to effectuate service, enforcement, or prosecution, or as ordered by the courts. |
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| 98 | 98 | | |
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| 99 | 99 | | (f) Upon petition to a district court under this section, the court may temporarily restrain the person or persons named in the petition from harassing the petitioner or health care worker upon a determination that there is probable cause to believe that a past act or acts of harassment have occurred or that a threat or threats of harassment may be imminent. The court may issue an ex parte temporary restraining order either in writing or orally; provided that oral orders shall be reduced to writing by the close of the next court day following oral issuance. |
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| 100 | 100 | | |
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| 101 | 101 | | (g) A temporary restraining order that is granted under this section shall remain in effect at the discretion of the court for a period not to exceed ninety days from the date the order is granted, including, in the case where a temporary restraining order restrains any party from harassing a minor, for a period extending to a date after the minor has reached eighteen years of age. A hearing on the petition to enjoin harassment shall be held within fifteen days after the temporary restraining order is granted. If service of the temporary restraining order has not been effected before the date of the hearing on the petition to enjoin, the court may set a new date for the hearing; provided that the new date shall not exceed ninety days from the date the temporary restraining order was granted. |
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| 102 | 102 | | |
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| 103 | 103 | | The parties named in the petition may file or give oral responses explaining, excusing, justifying, or denying the alleged act or acts of harassment. The court shall receive all evidence that is relevant at the hearing and may make independent inquiry. |
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| 104 | 104 | | |
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| 105 | 105 | | If the court finds by clear and convincing evidence that harassment as defined in paragraph (1) of that definition exists, it may enjoin for no more than three years further harassment of the petitioner[,] or health care worker, or that harassment as defined in paragraph (2) of that definition exists, it shall enjoin for no more than three years further harassment of the petitioner[,] or health care worker, including, in the case where any party is enjoined from harassing a minor, for a period extending to a date after the minor has reached eighteen years of age; provided that this subsection shall not prohibit the court from issuing other injunctions against the named parties even if the time to which the injunction applies exceeds a total of three years. |
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| 106 | 106 | | |
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| 107 | 107 | | Any order issued under this section shall be served upon the respondent. For the purposes of this section, "served" means actual personal service, service by certified mail, or proof that the respondent was present at the hearing at which the court orally issued the injunction. |
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| 108 | 108 | | |
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| 109 | 109 | | Where service of a restraining order or injunction has been made or where the respondent is deemed to have received notice of a restraining order or injunction order, any knowing or intentional violation of the restraining order or injunction order shall subject the respondent to the provisions in subsection (i). |
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| 110 | 110 | | |
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| 111 | 111 | | Any order issued shall be transmitted to the chief of police of the county in which the order is issued by way of regular mail, facsimile transmission, or other similar means of transmission. |
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| 112 | 112 | | |
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| 113 | 113 | | (h) The court may grant the prevailing party in an action brought under this section costs and fees, including attorney's fees. |
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| 114 | 114 | | |
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| 115 | 115 | | (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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| 116 | 116 | | |
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| 117 | 117 | | (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 |
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| 118 | 118 | | |
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| 119 | 119 | | (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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| 120 | 120 | | |
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| 121 | 121 | | 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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| 122 | 122 | | |
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| 123 | 123 | | (j) Nothing in this section shall be construed to prohibit constitutionally protected activity. |
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| 124 | 124 | | |
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| 125 | 125 | | (k) Nothing in this section shall be construed to: |
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| 126 | 126 | | |
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| 127 | 127 | | (1) Create, expand, diminish, alter, or modify the duty, if any, of a person who employs or contracts with health care workers to provide a safe workplace for health care workers; |
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| 128 | 128 | | |
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| 129 | 129 | | (2) Limit any other rights or remedies available to health care workers or persons who employ or contract with health care workers under law, including but not limited to the seeking of injunctive relief through methods other than the procedures set forth in this section; |
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| 130 | 130 | | |
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| 131 | 131 | | (3) Affect or in any way limit the exclusivity provision in chapter 386; or |
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| 132 | 132 | | |
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| 133 | 133 | | (4) Limit the rights of employees to organize pursuant to article XIII, sections 1 and 2, of the state constitution or sections 377-4 and 380-2. |
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| 134 | 134 | | |
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| 135 | 135 | | (l) No civil liability shall attach or be imposed upon any person who employs or contracts with health care workers for: |
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| 136 | 136 | | |
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| 137 | 137 | | (1) Initiating a proceeding under this section; or |
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| 138 | 138 | | |
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| 139 | 139 | | (2) Investigating any alleged act or threat of harassment in the health care facility for purposes of determining the feasibility of or initiating a proceeding under this section. |
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| 140 | 140 | | |
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| 141 | 141 | | (m) A person who employs or contracts with health care workers, or the person's agent who acts in accordance with this section, shall be presumed to be acting in good faith and, unless lack of good faith is shown by clear and convincing evidence, shall be immune from civil liability for actions taken under this chapter. No person who employs or contracts with health care workers, or agent of the person, who fails to use the procedures authorized by this section shall be liable for negligence nor shall evidence of a failure to use those procedures be admissible as evidence of negligence. |
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| 142 | 142 | | |
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| 143 | 143 | | (n) No civil liability shall attach or be imposed upon any health care worker or witness for: |
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| 144 | 144 | | |
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| 145 | 145 | | (1) Participating in an investigation for purposes of initiating a proceeding under this section; provided that this immunity shall not apply to an action taken with malicious intent or any statement made with knowledge of its falsity; or |
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| 146 | 146 | | |
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| 147 | 147 | | (2) Presenting statements or evidence in a judicial proceeding under this section." |
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| 148 | 148 | | |
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| 149 | 149 | | SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. |
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| 150 | 150 | | |
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| 151 | 151 | | SECTION 4. This Act shall take effect upon its approval. |
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| 152 | 152 | | |
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| 153 | 153 | | |
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| 154 | 154 | | |
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| 155 | 155 | | INTRODUCED BY: _____________________________ |
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| 156 | 156 | | |
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| 157 | 157 | | INTRODUCED BY: |
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| 158 | 158 | | |
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| 159 | 159 | | _____________________________ |
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| 160 | 160 | | |
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| 161 | 161 | | |
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| 162 | 162 | | |
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| 163 | 163 | | |
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| 164 | 164 | | |
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| 165 | 165 | | Report Title: Health Care Workers; Acts of Violence; Report; Law Enforcement; Temporary Restraining Orders Description: Allows a person who employs or contracts with a health care worker who suffers an act of violence to report the event to law enforcement and petition for a temporary restraining order and injunction under certain circumstances. 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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| 166 | 166 | | |
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| 167 | 167 | | |
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| 168 | 168 | | |
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| 169 | 169 | | |
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| 170 | 170 | | |
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| 171 | 171 | | Report Title: |
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| 172 | 172 | | |
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| 173 | 173 | | Health Care Workers; Acts of Violence; Report; Law Enforcement; Temporary Restraining Orders |
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| 174 | 174 | | |
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| 175 | 175 | | |
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| 176 | 176 | | |
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| 177 | 177 | | Description: |
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| 178 | 178 | | |
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| 179 | 179 | | Allows a person who employs or contracts with a health care worker who suffers an act of violence to report the event to law enforcement and petition for a temporary restraining order and injunction under certain circumstances. |
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| 180 | 180 | | |
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| 181 | 181 | | |
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| 182 | 182 | | |
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| 183 | 183 | | |
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| 184 | 184 | | |
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| 185 | 185 | | |
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| 186 | 186 | | |
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| 187 | 187 | | 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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