REPORT TITLE:
Harassment; Domestic Violence


DESCRIPTION:
Creates a new petty misdemeanor offense of harassment of family
or household member.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.605        
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO HARASSMENT.



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

 1      SECTION 1.  Chapter 709, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "709-    Harassment of a family or household member.  (1)
 
 5 A person commits the offense of harassment of a family or
 
 6 household member if the person, singly or in concert and with the
 
 7 intent to harass, annoy, or alarm a family or household member:
 
 8      (a)  Strikes, shoves, kicks, or otherwise touches a family
 
 9           or household member in an offensive manner or subjects
 
10           the family or household member to offensive physical
 
11           contact;
 
12      (b)  Insults, taunts, or challenges a family or household
 
13           member in a manner likely to provoke an immediate
 
14           violent response or that would cause the family or
 
15           household member to reasonably believe that the actor
 
16           intends to cause bodily injury to the family or
 
17           household member or another or damage to the property
 
18           of the family or household member or another;
 

 
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 1      (c)  Repeatedly makes telephone calls, facsimile, or
 
 2           electronic mail transmissions without purpose of
 
 3           legitimate communication;
 
 4      (d)  Repeatedly makes a communication anonymously or at an
 
 5           extremely inconvenient hour;
 
 6      (e)  Repeatedly makes communications, after being advised by
 
 7           the family or household member to whom the
 
 8           communication is directed that further communication is
 
 9           unwelcome; or
 
10      (f)  Makes a communication using offensively coarse language
 
11           that would cause the family or household member to
 
12           reasonably believe that the actor intends to cause
 
13           bodily injury to the family or household member or
 
14           another or damage to the property of the family or
 
15           household member or another.
 
16 For purposes of this section, "family or household member" has
 
17 the same meaning as in section 709-906.
 
18      (2)  Harassment of a family or household member is a petty
 
19 misdemeanor.
 
20      (3)  Any person convicted under this section shall be
 
21 sentenced as follows:
 
22      (a)  For the first offense the person shall serve a minimum
 

 
 
 
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 1           jail sentence of twenty-four hours; and
 
 2      (b)  For a second offense and any other subsequent offense
 
 3           that occurs within one year of the previous offense,
 
 4           the person shall serve a minimum of forty-eight hours
 
 5           but not more than thirty days in jail.
 
 6 Upon conviction and sentencing of the defendant, the court shall
 
 7 order that the defendant immediately be incarcerated to serve the
 
 8 mandatory minimum sentence imposed; provided that the defendant
 
 9 may be admitted to bail pending appeal pursuant to chapter 804.
 
10 The court may stay the imposition of the sentence if the court
 
11 finds that special circumstances exist.
 
12      (4)  Whenever a court sentences a person pursuant to
 
13 subsection (3), it also shall require that the defendant undergo
 
14 any available domestic violence intervention programs ordered by
 
15 the court.  However, the court may suspend any portion of a jail
 
16 sentence, except for the mandatory sentences under subsection (3)
 
17 (a) and (b), upon the condition that the defendant remain
 
18 arrest-free and conviction-free or complete court-ordered
 
19 intervention."
 
20      SECTION 2.  Section 711-1106, Hawaii Revised Statutes, is
 
21 amended by amending subsection (1) to read as follows:
 
22      "(1)  A person commits the offense of harassment if, with
 

 
 
 
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 1 intent to harass, annoy, or alarm [any other] another person[,]
 
 2 who is not a family or household member as defined under section
 
 3 709-   , that person:
 
 4      (a)  Strikes, shoves, kicks, or otherwise touches another
 
 5           person in an offensive manner or subjects the other
 
 6           person to offensive physical contact;
 
 7      (b)  Insults, taunts, or challenges another person in a
 
 8           manner likely to provoke an immediate violent response
 
 9           or that would cause the other person to reasonably
 
10           believe that the actor intends to cause bodily injury
 
11           to the recipient or another or damage to the property
 
12           of the recipient or another;
 
13      (c)  Repeatedly makes telephone calls, facsimile, or
 
14           electronic mail transmissions without purpose of
 
15           legitimate communication;
 
16      (d)  Repeatedly makes a communication anonymously or at an
 
17           extremely inconvenient hour;
 
18      (e)  Repeatedly makes communications, after being advised by
 
19           the person to whom the communication is directed that
 
20           further communication is unwelcome; or
 
21      (f)  Makes a communication using offensively coarse language
 
22           that would cause the recipient to reasonably believe
 

 
 
 
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 1           that the actor intends to cause bodily injury to the
 
 2           recipient or another or damage to the property of the
 
 3           recipient or another."
 
 4      SECTION 3.  This Act does not affect rights and duties that
 
 5 matured, penalties that were incurred, and proceedings that were
 
 6 begun before its effective date.
 
 7      SECTION 4.  Statutory material to be repealed is bracketed.
 
 8 New statutory material is underscored.
 
 9      SECTION 5.  This Act shall take effect upon its approval.
 
10 
 
11                           INTRODUCED BY:_________________________