THE SENATE	S.B. NO.	2025
TWENTY-SEVENTH LEGISLATURE, 2014
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 by amending subsection (4) to read as follows:

     "(4)  Any police officer, with or without a warrant, [may] shall 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] shall 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] The police officer lawfully shall order the person to leave the premises for a period of separation of 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 effects;

    (c)   [Where the police officer makes the finding referred to in paragraph (b) and] When 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 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.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Penal Code; Abuse of Family or Household Member; Mandatory Reasonable Inquiry; Mandatory No-Contact Period

 

Description:

Requires a police officer to make reasonable inquiry of the victimized family member and witnesses, if applicable, and order a person to leave the premises for a no-contact period of forty-eight hours.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.