HOUSE OF REPRESENTATIVES
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO THE PENAL CODE.
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 (1) to read:
"(1) It shall be unlawful for any person, singly or in concert, to physically abuse a family or household member or to refuse compliance with the lawful order of a police officer under subsection (4). The police, in investigating any complaint of abuse of a family or household member, upon request, may transport the abused person to a hospital or safe shelter.
For the purposes of this section, "family
or household member" means spouses or reciprocal beneficiaries, former
spouses or reciprocal beneficiaries, persons in a dating relationship as
defined under section 586-1, persons who have a child in common, parents,
children, persons related by consanguinity, and persons jointly residing or
formerly residing in the same dwelling unit."
2. By amending subsection (4) to read:
"(4) Any police officer, with or without a warrant, may take the following course of action where the officer has reasonable grounds to believe that there was physical abuse or harm inflicted by one person upon a family or household member, regardless of whether the physical abuse or harm occurred in the officer's presence:
(a) The police officer may make reasonable inquiry of the family or household member upon whom the officer believes physical abuse or harm has been inflicted and other witnesses as there may be;
(b) Where the police officer has reasonable grounds
to believe that there is probable danger of further physical abuse or harm being
inflicted by one person upon a family or household member, the police officer
lawfully shall order the person to leave the premises for a period of
separation of [
twenty-four] forty-eight hours, during which time
the person shall not initiate any contact, either by telephone or in person,
with the family or household member; provided that the person is allowed to
enter the premises with police escort to collect any necessary personal
(c) Where the police officer makes the finding
referred to in paragraph (b) and the incident occurs after 12:00 p.m. on any
Friday, or on any Saturday, Sunday, or legal holiday, the order to leave the
premises and to initiate no further contact shall commence immediately and be
in full force, but the [
twenty-four] forty-eight hour period
shall be enlarged and extended until 4:30 p.m. on the first day following the
weekend or legal holiday;
(d) All persons who are ordered to leave as stated above shall be given a written warning citation stating the date, time, and location of the warning and stating the penalties for violating the warning. A copy of the warning citation shall be retained by the police officer and attached to a written report which shall be submitted in all cases. A third copy of the warning citation shall be given to the abused person;
(e) If the person so ordered refuses to comply with the order to leave the premises or returns to the premises before the expiration of the period of separation, or if the person so ordered initiates any contact with the abused person, the person shall be placed under arrest for the purpose of preventing further physical abuse or harm to the family or household member; and
(f) The police officer shall seize all firearms and ammunition that the police officer has reasonable grounds to believe were used or threatened to be used in the commission of an offense under this section."
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.
Penal Code; Abuse of Family or Household Members; No Contact Orders
Amends the penal code to include persons in a dating relationship as family or household members for purposes of prohibiting physical abuse of family or household members. Increases the period of separation from twenty-four to forty-eight hours that a police officer is required to order a person to stay away from a family or household member if the police officer has reasonable grounds to believe that a family or household member is in probable danger of further physical abuse or harm being inflicted by the person. (HB587 CD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.