Domestic Violence, Sentencing
Clarifies sentencing provision for subsequent convictions of the crime of abuse of a family or household member.
TWENTY-FIRST LEGISLATURE, 2001
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO DOMESTIC VIOLENCE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 709-906, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (5) to read:
"(5) Abuse of a family or household member and refusal to comply with the lawful order of a police officer under subsection (4) are misdemeanors and the person shall be sentenced as follows:
For] Except as provided in subsection (7), for the first [ offense] conviction of abuse of a family or household member, the person shall serve a minimum jail sentence of forty-eight hours; and
For a second offense and any other subsequent offense that occurs within one year of the previous offense,] Except as provided in subsection (7), for a second conviction for abuse of a family or household member, the person shall be termed a "repeat offender" and serve a minimum jail sentence of thirty days.
Upon conviction and sentencing of the defendant, the court shall order that the defendant immediately be incarcerated to serve the mandatory minimum sentence imposed; provided that the defendant may be admitted to bail pending appeal pursuant to chapter 804. The court may stay the imposition of the sentence if special circumstances exist."
2. By amending subsection (7) to read:
For any subsequent offense occurring within two years after a second misdemeanor conviction, the person shall be charged with a class C felony.] Any offense of abuse of a family or household member committed subsequent to a second conviction for abuse of family or household member is a class C felony. In addition, any offense of abuse of a family or household member committed subsequent to any two prior convictions for:
(a) Assault in the first degree;
(b) Assault in the second degree;
(c) Assault in the third degree;
(d) Abuse of a family or household member;
(e) Terroristic threatening in the first degree; or
(f) Terroristic threatening in the second degree;
involving the same victim is a class C felony."
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 Statutory material to be repealed is bracketed and stricken.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.