Report Title:

Abuse of Family or Household Member; Noncompliance Fine

Description:

Provides that person who fails to comply with court order to undergo domestic violence intervention shall be fined by the court in the amount of $100; proceeds from noncompliance fines to be deposited in the spouse and child abuse special account established in section 601-3.6.

HOUSE OF REPRESENTATIVES

H.B. NO.

107

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

Relating to Abuse of Family and Household members.

 

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

SECTION 1. Section 601-3.6, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) The account shall consist of fees remitted pursuant to sections 338-14.5 and 572-5, fines collected pursuant to sections [[]586-4(d)[]],580-10, [and] 586-11, and 709-906(14), interest and investment earnings, grants, donations, and contributions from private or public sources. All realizations of the account shall be subject to the conditions specified in subsection (b)."

SECTION 2. Section 709-906, Hawaii Revised Statutes, is amended by amending subsection (14) to read as follows:

"(14) When a person is ordered by the court to undergo any domestic violence intervention, that person shall provide adequate proof of compliance with the court's order. The court shall order a subsequent hearing at which the person is required to make an appearance, on a date certain, to determine whether the person has completed the ordered domestic violence intervention. If the court determines the person has not completed the ordered domestic violence intervention because the person has:

(A) Failed to comply with program rules and treatment expectations; or

(B) Refused to engage constructively in the treatment process; or

(C) Failed to participate or terminated participation in the intervention,

the person shall be fined in the amount of $100 for failure to comply with the court's order to undergo domestic violence intervention; provided that no fee shall be ordered when the court determines that the defendant is unable to pay the fee. The entire fee shall be payable immediately by cash, check, or by a credit card approved by the court. The defendant shall pay the sentencing services fee to the clerk of the court. The fee shall be deposited into the spouse and child abuse special account pursuant to section 601-3.6. The court may waive the subsequent hearing and appearance where a court officer has established that the person has completed the intervention ordered by the court."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

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

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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