REPORT TITLE:
Domestic Violence; Sentencing


DESCRIPTION:
Requires courts, in certain domestic violence cases witnessed by
minors, to consider the fact that the crime was witnessed by a
minor as an aggravating factor of the crime in imposing a
sentence.  Recommends the revision of family court sentencing
guidelines to consider two additional aggravating factors.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           823
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO SENTENCING.



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

 1      SECTION 1.  The legislature finds that in homes in which
 
 2 domestic violence occurs, children are at high risk of suffering
 
 3 abuse themselves.  In addition, witnessing acts of domestic
 
 4 violence -- whether in the form of partner violence, generalized
 
 5 hostility, or child maltreatment -- is one of the best predictors
 
 6 of juvenile delinquency and adult criminality.  Regardless of
 
 7 whether children are physically abused, however, the legislature
 
 8 finds that the emotional effects of witnessing family violence
 
 9 are very similar to the psychological trauma associated with
 
10 being a victim of child abuse.
 
11      Nationally, an estimated 3.3 million children witness
 
12 domestic violence each year.  In families where domestic violence
 
13 is prevalent, the emotional and mental suffering and harm is
 
14 greater to those children who actually are present during the
 
15 battering than to those who do not witness this trauma first
 
16 hand.  Therefore, the legislature finds that when a crime of
 
17 domestic violence is committed in the presence of a child, the
 
18 batterer should receive an enhanced penalty for the added trauma
 

 
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 1 caused to the secondary victims of the offense.
 
 2      Accordingly, the purpose of this Act is to require courts,
 
 3 in certain domestic violence cases witnessed by minors, to
 
 4 consider when imposing a sentence the fact that the crime was
 
 5 witnessed by the minor as an aggravating factor of the crime.  In
 
 6 addition, this Act requires that family court sentencing
 
 7 guidelines be revised to add as aggravating factors to be
 
 8 considered by the family court in imposing a sentence the fact
 
 9 that:
 
10      (1)  There was a temporary restraining order, injunction, or
 
11           other court order in effect, protecting the victim of
 
12           the crime from the defendant; and
 
13      (2)  The victim was pregnant at the time of the offense, and
 
14           the defendant knew or reasonably should have known of
 
15           the victim's condition.
 
16      SECTION 2.  Chapter 706, Hawaii Revised Statutes, is amended
 
17 by adding a new section to part I to be appropriately designated
 
18 and to read as follows:
 
19      "�706-    Sentencing of defendant in domestic violence cases
 
20 witnessed by minors; aggravating factor.  (1)  The following
 
21 shall be considered by a court in imposing a sentence under
 
22 section 706-606 as a factor in aggravation of the offense:
 

 
 
 
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                                     S.B. NO.           823
                                                        
                                                        


 1      (a)  The defendant commits or attempts to commit an offense;
 
 2      (b)  The defendant is or has been a family or household
 
 3           member of a minor or the victim of the offense; and
 
 4      (c)  The offense contemporaneously occurred in the presence
 
 5           of, or was witnessed by, the minor.
 
 6      (2)  As used in this section:
 
 7      "Family or household member" has the same meaning as defined
 
 8 in section 709-906.
 
 9      "Offense" means a violation of section 707-710 (assault in
 
10 the first degree), 707-711 (assault in the second degree),
 
11 707-730 (sexual assault in the first degree), 707-731 (sexual
 
12 assault in the second degree), 707-732 (sexual assault in the
 
13 third degree), or 709-906 (abuse of family and household
 
14 members)."
 
15      SECTION 3.  The family court sentencing guidelines shall be
 
16 revised to add the following two factors as aggravating factors
 
17 to be considered by the family court in imposing a sentence:
 
18      (1)  There was a temporary restraining order, injunction, or
 
19           other court order in effect, protecting the victim of
 
20           the crime from the defendant; and
 
21      (2)  The victim was pregnant at the time of the offense, and
 
22           the defendant knew or reasonably should have known of
 

 
 
 
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                                     S.B. NO.           823
                                                        
                                                        


 1           the victim's condition.
 
 2      SECTION 4.  This Act does not affect rights and duties that
 
 3 matured, penalties that were incurred, and proceedings that were
 
 4 begun, before its effective date.
 
 5      SECTION 5.  New statutory material is underscored.
 
 6      SECTION 6.  This Act shall take effect upon its approval.
 
 7 
 
 8                              INTRODUCED BY:______________________