Report Title:

Domestic Abuse; Penalty

Description:

Requires a court to impose a sentencing services when sentencing a defendant for abuse of family or household members; provides that the sentencing services fee is deposited in the spouse and child abuse special account established in section 601-3.6.

HOUSE OF REPRESENTATIVES

H.B. NO.

112

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to abuse of family or 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, and 709-906(5), fines collected pursuant to sections [[]586-4(d)[]], 580-10, and 586-11, 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 (5) to read as follows:

"(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:

(a) For the first offense the person shall serve a minimum jail sentence of forty-eight hours; and

(b) For a second offense that occurs within one year of the first conviction, 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, when sentencing the defendant, shall order the defendant to pay a sentencing services fee in the amount of $100; 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 stay the imposition of the sentence if special circumstances exist."

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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