REPORT TITLE:
Domestic Violence; Sentencing


DESCRIPTION:
Requires courts, in imposing a sentence, to consider the fact
that the crime was committed in the presence of a minor.
(SB823 CD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        823
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                H.D. 2
STATE OF HAWAII                                            C.D. 1
                                                             
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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.
 
17      Accordingly, the purpose of this Act is to to require judges
 
18 when imposing a sentence for certain domestic violence offenses,
 
19 to consider that the domestic violence was committed in the
 
20 presence of a minor.
 

 
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 1      SECTION 2.  Chapter 706, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to part I to be appropriately designated
 
 3 and to read as follows:
 
 4      "706-    Sentencing in offenses involving abuse of a family
 
 5 or household member committed in the presence of a minor.  (1)
 
 6 In addition to the factors considered under section 706-606, the
 
 7 court shall consider the following aggravating factors in
 
 8 determining the particular sentence to be imposed:
 
 9      (a)  The defendant has been convicted of committing or
 
10           attempting to commit an offense involving abuse of a
 
11           family or household member;
 
12      (b)  The defendant is or has been a family or household
 
13           member of either a minor referred to in paragraph (c)
 
14           or the victim of the offense; and
 
15      (c)  The offense contemporaneously occurred in the presence
 
16           of a minor.
 
17      (2)  As used in this section:
 
18      "Family or household member" has the same meaning as defined
 
19 in section 709-906.
 
20      "Offense" means a violation of section 707-710 (assault in
 
21 the first degree), 707-711 (assault in the second degree),
 
22 707-730 (sexual assault in the first degree), 707-731 (sexual
 
23 assault in the second degree), 707-732 (sexual assault in the
 

 
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 1 third degree), or 709-906 (abuse of family and household
 
 2 members).
 
 3      "In the presence of a minor" means in the actual physical
 
 4 presence of a child or knowing that a child is present and may
 
 5 hear or see the offense."
 
 6      SECTION 3.  This Act does not affect rights and duties that
 
 7 matured, penalties that were incurred, and proceedings that were
 
 8 begun, before its effective date.
 
 9      SECTION 4.  New statutory material is underscored.
 
10      SECTION 5.  This Act shall take effect upon its approval.