Stalking, penal code amendments
Allows court to grant probation to violator and to order the person to refrain up to 5 years from stalking; allows court to order psychiatric evaluation of violator; establishes rebuttable presumption of stalking based on continuing conduct of violator after being requested by victim to refrain.
HOUSE OF REPRESENTATIVES
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO STALKING
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 711-1106.5, Hawaii Revised Statutes, is amended to read as follows:
ß711-1106.5[ ]] Harassment by stalking. (1) A person commits the offense of harassment by stalking if[ , with intent to harass, annoy, or alarm another person, or in reckless disregard of the risk thereof,] that person [ pursues or conducts surveillance] engages in a wilful course of conduct involving repeated or continuous pursuit, surveillance, or unconsented contact upon the other person:
(a) Without legitimate purpose; and
(b) Under circumstances [
which] that would cause [ the other] a reasonable person to [ reasonably believe that the actor intends to cause bodily injury to the other person or another, or damage to the property of the other person or another.] feel terrorized, frightened, intimidated, threatened, harassed, or molested.
(2) Harassment by stalking is a misdemeanor [
if the person harasses another person by stalking on more than one occasion for the same or a similar purpose. Otherwise, harassment by stalking is a petty misdemeanor. (3) A person convicted under this section may be required to undergo a counseling program as ordered by the court].
(3) The court may place an individual convicted of violating this section on probation for a term of not more than five years. If a term of probation is ordered, in addition to any other lawful condition of probation, the court may order the defendant to do any of the following:
(a) Refrain from engaging in harassment by stalking of any individual during the term of probation;
(b) Refrain from having any contact with the victim of the offense; or
(c) Be evaluated to determine the need for psychiatric, psychological, or social counseling, and if determined appropriate by the court, to receive psychiatric, psychological, or social counseling at the person's own expense.
(4) In a prosecution for violation of this section, evidence that the defendant continued to engage in a course of conduct involving repeated unconsented contact with the victim after having been requested by the victim to:
(a) Discontinue the same or a different form of uncontested contact; and
(b) Refrain from any further unconsented contact with the victim;
gives rise to a rebuttable presumption that the continuation of the course of conduct caused the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested.
(5) For purposes of this section, "unconsented contact" means any contact with another individual that is initiated or continued without that individualís consent or in disregard of that individualís expressed desire that the contact be avoided or discontinued. Unconsented contact includes, but is not limited to, any of the following:
(a) Following or appearing within sight of that individual;
(b) Appearing at that individualís workplace or residence.
(c) Approaching or confronting that individual in a public place or on private property;
(d) Entering or remaining on property owned, leased, or occupied by that individual;
(e) Contacting that individual by telephone or pager;
(f) Sending mail or electronic communications to that individual; or
(g) Placing an object on, or delivering an object to, property owned, leased, or occupied by that individual."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
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.