Report Title:

Domestic violence, bail established

 

Description:

Establishes a uniform bail policy for domestic violence cases.

 

THE SENATE

S.B. NO.

116

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 domestic violence is pervasive and continues to be a great threat to the safety and welfare of families in our community. Among women who are murdered in Hawaii, the majority are killed as a result of a dispute involving someone with whom they have an intimate relationship. Sadly, often the offender thinks that the offender has the right to act abusively simply due to the relationship.

Domestic violence is a crime that strikes deeply because it is committed by an intimate of the victim. The closeness of the relationship causes emotional as well as physical scars, as an offender who purports to love the victim treats the victim worse than a stranger would. The State needs to take more affirmative steps to keep the abuser away from the victim than in almost any other type of case.

At present, the authority to establish bail for offenses involving domestic abuse is given to the individual police chiefs of each county. These bail schedules are neither standardized nor sufficiently high to protect the victim from a determined abuser. The purpose of this Act is to set forth a consistent bail schedule for domestic violence cases to give the courts an additional tool to protect the victim from dangerous abusers.

SECTION 2. Chapter 804, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§804- Bail for domestic violence cases. (a) This section shall apply to:

(1) The offense of abuse of family or household members under section 709-906; or

(2) A violation of a domestic violence protective order under section 586-4, 586-11, or 580-10(d).

(b) Bail shall be set according to the following schedule:

(1) For a first offense, a minimum of $1,000 and a maximum of $4,000; and

(2) For a subsequent offense, a minimum of $2,000 and a maximum of $5,000.

(c) The maximum bail may be charged if the defendant:

(1) Is on probation for a felony conviction;

(2) Is on parole;

(3) Has a pending felony charge;

(4) Is being charged with the use or threatened use of a firearm or other offensive or deadly weapon;

(5) Has previously been convicted for two or more separate offenses;

(6) Has been diagnosed by a psychologist or psychiatrist to be dangerous;

(7) Has inflicted serious bodily harm on anyone or is charged with attempted murder, sexual assault in any degree, robbery, assault, or kidnapping;

(8) Has no permanent or local address;

(9) States a false address to law enforcement authorities;

(10) Has ever been in contempt of court;

(11) Used force in the commission of the offense for which the defendant was arrested; or

(12) Is unable or refuses to verify the defendant's own identity."

SECTION 3. Section 804-5, Hawaii Revised Statutes, is amended to read as follows:

"§804-5 By whom allowed. In cases where the punishment for the offense charged may be imprisonment for life not subject to parole, or imprisonment for a term more than ten years with or without fine, a judge or justice of a court of record, including a district judge, shall be competent to admit the accused to bail, in conformity with sections 804-3 to 804-6. In all other cases, the accused may be so admitted to bail by any judge or justice of a court of record, including a district judge, and in cases, except under section 712-1207 and section 804- , where the punishment for the offense charged may not exceed two years' imprisonment with or without fine, the sheriff, the sheriff's deputy, the chief of police or any person named by the chief of police, or the sheriff of Kalawao, regardless of the circuit within which the alleged offense was committed, may admit the accused person to bail."

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

SECTION 5. This Act shall take effect on July 1, 2001.

INTRODUCED BY:

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