Report Title:

Bail; Stalking; Counseling

 

Description:

Requires persons convicted of stalking to undergo post-conviction psychiatric or psychological therapy as a mandatory condition of bail.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

66

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to bail.

 

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

SECTION 1. The legislature finds that the actions of stalkers can be extremely threatening and dangerous to their victims, and often escalate into violence. In a 1998 study conducted by researchers from the National Institute of Justice and Centers for Disease Control and Prevention, an estimated one million women and three hundred seventy thousand men are stalked annually in the United States. One out of every twelve American women and one out of every forty-five men have been stalking victims, but only twelve per cent of all stalking crimes result in criminal prosecution.

Because stalking is a behavior that gradually terrorizes its victims over a period of time, the legislature finds that there is a need to ensure that stalking does not escalate into physical violence. One way to achieve this goal is to require persons convicted of stalking to undergo post-conviction therapy as a mandatory condition of bail. By making the stalker more aware of the consequences of his or her behavior and giving that person a greater understanding of more constructive ways to resolve issues that do not involve stalking or violence, this Act seeks to provide a long-term solution to address this disturbing crime and to protect victims from further stalking by the convicted person.

SECTION 2. Section 804-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) If the charge is for an offense for which bail is allowable under section 804-3, the defendant may be admitted to bail before conviction as a matter of right. Except for section 712-1207(7), bail shall be allowed for any person charged under section 712-1207 only subject to the mandatory condition that the person observe geographic restrictions that prohibit the defendant from entering or remaining on public property, in Waikiki and other areas in the State designated by county ordinance during the hours from 6 p.m. to 6 a.m.; and provided further that nothing contained in this subsection shall be construed as prohibiting the imposition of stricter geographic restrictions under section 804-7.1. The right to bail shall continue after conviction of a misdemeanor, petty misdemeanor, or violation, and release on bail may continue, in the discretion of the court, after conviction of a felony until the final determination of any motion for a new trial, appeal, habeas corpus, or other proceedings that are made, taken, issued, or allowed for the purpose of securing a review of the rulings, verdict, judgment, sentence, or other proceedings of any court or jury in or by which the defendant has been arraigned, tried, convicted, or sentenced; provided that:

(1) No bail shall be allowed after conviction and prior to sentencing in cases where bail was not available under section 804-3, or where bail was denied or revoked before conviction;

(2) No bail shall be allowed pending appeal of a felony conviction where a sentence of imprisonment has been imposed; [and]

(3) No bail shall be allowed pending appeal of a conviction for a violation of section 712-1207, unless the court finds, based on the defendant's record, that the defendant may be admitted to bail subject to the mandatory condition that the person observe geographic restrictions that prohibit the defendant from entering or walking along the public streets or sidewalks of Waikiki or other areas in the State designated by county ordinance pursuant to section 712-1207 during the hours from 6 p.m. to 6 a.m.; and

(4) No bail shall be allowed pending appeal of a conviction for a violation of section 711-1106.4 or 711-1106.5, unless the defendant agrees as a mandatory condition of bail to undergo psychiatric or psychological therapy by a qualified mental health professional, in addition to any other punishment prescribed for that offense or any other provision of law; provided that:

(A) While undergoing this treatment, the defendant shall participate in and pay for therapy currently available from a private or public provider of mental health services; and

(B) Additional therapy shall continue after the defendant's release from custody or confinement until the defendant demonstrates to the court that the treatment is no longer necessary.

Notwithstanding any other provision of law to the contrary, any person who violates these bail restrictions shall have the person's bail revoked after hearing and shall be imprisoned forthwith."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________