SB 295: Domestic Abuse Protective Orders; Temporary Restraining Order; Order for Protection; Penalties

A BILL FOR AN ACT

RELATING TO DOMESTIC ABUSE PROTECTIVE ORDERS.

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

     SECTION 1.  Section 586-4, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

     "(e)  When a temporary restraining order is granted and the respondent or person to be restrained knows of the order, a knowing or intentional violation of the restraining order [is] shall be a misdemeanor.  A person convicted under this section shall be ordered by the court to complete an assessment at any available domestic violence program and shall complete a domestic violence intervention or anger management course as determined by the domestic violence program.  The court additionally shall sentence a person convicted under this section as follows:

     (1)  Except as provided in paragraph (2), for a first conviction for a violation of the temporary restraining order, the person shall serve a mandatory minimum jail sentence of [forty-eight hours] five days and be fined no less than [$150] $300 nor more than $500;

     (2)  For a first conviction for a violation of the temporary restraining order, if the person has a prior conviction for any of the following felonies:

          (A)  Section 707-701 relating to murder in the first degree;

          (B)  Section 707-701.5 relating to murder in the second degree;

          (C)  Section 707-710 relating to assault in the first degree;

          (D)  Section 707-711 relating to assault in the second degree;

          (E)  Section 707-720 relating to kidnapping;

          (F)  Section 707-721 relating to unlawful imprisonment in the first degree;

          (G)  Section 707-730 relating to sexual assault in the first degree;

          (H)  Section 707-731 relating to sexual assault in the second degree;

          (I)  Section 707-732 relating to sexual assault in the third degree;

          (J)  Section 707-733.6 relating to continuous sexual assault of a minor under the age of fourteen years;

          (K)  Section 707-750 relating to promoting child abuse in the first degree;

          (L)  Section 708-810 relating to burglary in the first degree;

          (M)  Section 708-811 relating to burglary in the second degree;

          (N)  Section 709-906 relating to abuse of family or household members; or

          (O)  Section 711-1106.4 relating to aggravated harassment by stalking;

          and if any of these offenses has been committed against a family or household member as defined in section 586-1, the person shall serve a mandatory minimum term of imprisonment of [fifteen] thirty days and be fined no less than [$150] $350 nor more than $600; and

     (3)  For the second and any subsequent conviction for a violation of the temporary restraining order, the person shall serve a mandatory minimum jail sentence of [thirty] forty-five days and be fined no less than [$250] $500 nor more than $1,000;

provided that the court shall not sentence a defendant to pay a fine [unless] if the court makes an on-the-record determination that the defendant is or will be [able] unable to pay the fine.

     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.

     The court may suspend any jail sentence, except for the mandatory sentences under paragraphs (1), (2), and (3) upon condition that the defendant remain alcohol- and drug-free, conviction-free, [or] and complete court-ordered assessments or intervention.  Nothing in this section shall be construed as limiting the discretion of the judge to impose additional sanctions authorized in sentencing for a misdemeanor."

     SECTION 2.  Section 586-11, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Whenever an order for protection is granted pursuant to this chapter, a respondent or person to be restrained who knowingly or intentionally violates the order for protection shall be guilty of a misdemeanor.  A person convicted under this section shall be ordered by the court to complete an assessment at any available domestic violence program and shall complete a domestic violence intervention or anger management course as determined by the domestic violence program.  The court additionally shall sentence a person convicted under this section as follows:

     (1)  For a first conviction for violation of the order for protection[:

          (A)  That is in the nature of non-domestic abuse, the person may be sentenced to a jail sentence of forty-eight hours and be fined no more than $150; or

          (B)  That is in the nature of domestic abuse], the person shall be sentenced to a mandatory minimum jail sentence of no less than [forty-eight hours] five days and be fined no less than [$150] $300 nor more than $500;

          provided that any conviction for violation of a temporary restraining order under section 586-4(e), issued under the same judicial case number as the order for protection, shall be treated as a prior violation of an order for protection; and

     (2)  For [a] the second and any subsequent conviction for violation of the order for protection[:

          (A)  That is in the nature of non-domestic abuse, and occurs after a first conviction for violation of the same order that was in the nature of non-domestic abuse, the person shall be sentenced to a mandatory minimum jail sentence of no less than forty-eight hours and be fined no more than $250;

          (B)  That is in the nature of domestic abuse, and] that occurs after a first conviction for violation of the same order [that was in the nature of domestic abuse,] or conviction for a violation of the temporary restraining order under section 586-4(e), issued under the same judicial case number as the order for protection, the person shall be sentenced to a mandatory minimum jail sentence of no less than [thirty] forty-five days and be fined no less than [$250] $500 nor more than $1,000;

         [(C)  That is in the nature of non-domestic abuse, and occurs after a first conviction for violation of the same order that was in the nature of domestic abuse, the person shall be sentenced to a mandatory minimum jail sentence of no less than forty-eight hours and be fined no more than $250; or

          (D)  That is in the nature of domestic abuse, and occurs after a first conviction for violation of the same order that is in the nature of non-domestic abuse, the person shall be sentenced to a mandatory minimum jail sentence of no less than forty-eight hours and be fined no more than $150; and

     (3)  For any subsequent violation that occurs after a second conviction for violation of the same order for protection, the person shall be sentenced to a mandatory minimum jail sentence of not less than thirty days and be fined not less than $250 nor more than $1,000;]

provided that the court shall not sentence a defendant to pay a fine [unless] if the court makes an on-the-record determination that the defendant is or will be [able] unable to pay the fine.

     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.

     The court may suspend any jail sentence under [subparagraphs (1)(A) and (2)(C),] paragraphs (1) and (2), upon condition that the defendant remain alcohol- and drug-free, conviction-free, [or] and complete court-ordered assessments or intervention.  Nothing in this section shall be construed as limiting the discretion of the judge to impose additional sanctions authorized in sentencing for a misdemeanor offense.  All remedies for the enforcement of judgments shall apply to this chapter."

     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.

Report Title:

Domestic Abuse Protective Orders; Temporary Restraining Order; Order for Protection; Penalties

Amends:

Increases the penalties imposed on individuals convicted for violations of temporary restraining orders and orders for protection.  Clarifies that the court shall not sentence a defendant to pay a fine for violating a domestic abuse protective order if the court makes an on-the-record determination that the defendant is or will be unable to pay the fine.  Specifies that any conviction for violation of a temporary restraining order issued under the same judicial case number as an order for protection shall be treated as a prior violation of an order for protection.  Clarifies when the court may suspend certain jail sentences for violations of domestic abuse protective orders.  (HD2)

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

A BILL FOR AN ACT

RELATING TO DOMESTIC ABUSE PROTECTIVE ORDERS.

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

     SECTION 1.  Section 586-4, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

     "(e)  When a temporary restraining order is granted and the respondent or person to be restrained knows of the order, a knowing or intentional violation of the restraining order is a misdemeanor.  A person convicted under this section shall be ordered by the court to complete an assessment at any available domestic violence program and shall complete a domestic violence intervention or anger management course as determined by the domestic violence program.  The court additionally shall sentence a person convicted under this section as follows:

     (1)  Except as provided in paragraph (2), for a first conviction for a violation of the temporary restraining order, the person shall serve a mandatory minimum jail sentence of [forty-eight hours] five days and be fined no less than [$150] $300 nor more than $500;

     (2)  For a first conviction for a violation of the temporary restraining order, if the person has a prior conviction for any of the following felonies:

          (A)  Section 707-701 relating to murder in the first degree;

          (B)  Section 707-701.5 relating to murder in the second degree;

          (C)  Section 707-710 relating to assault in the first degree;

          (D)  Section 707-711 relating to assault in the second degree;

          (E)  Section 707-720 relating to kidnapping;

          (F)  Section 707-721 relating to unlawful imprisonment in the first degree;

          (G)  Section 707-730 relating to sexual assault in the first degree;

          (H)  Section 707-731 relating to sexual assault in the second degree;

          (I)  Section 707-732 relating to sexual assault in the third degree;

          (J)  Section 707-733.6 relating to continuous sexual assault of a minor under the age of fourteen years;

          (K)  Section 707-750 relating to promoting child abuse in the first degree;

          (L)  Section 708-810 relating to burglary in the first degree;

          (M)  Section 708-811 relating to burglary in the second degree;

          (N)  Section 709-906 relating to abuse of family or household members; or

          (O)  Section 711-1106.4 relating to aggravated harassment by stalking;

          and if any of these offenses has been committed against a family or household member as defined in section 586-1, the person shall serve a mandatory minimum term of imprisonment of [fifteen] thirty days and be fined no less than [$150] $350 nor more than $600; and

     (3)  For the second and any subsequent conviction for a violation of the temporary restraining order, the person shall serve a mandatory minimum jail sentence of [thirty] forty-five days and be fined no less than [$250] $500 nor more than $1,000;

provided that the court shall not sentence a defendant to pay a fine [unless] if the court makes an on the record determination that the defendant is or will be [able] unable to pay the fine.

     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.

     The court may suspend any jail sentence, except for the mandatory sentences under paragraphs (1), (2), and (3) upon condition that the defendant remain alcohol- and drug-free, conviction-free, [or] and complete court-ordered assessments or intervention.  Nothing in this section shall be construed as limiting the discretion of the judge to impose additional sanctions authorized in sentencing for a misdemeanor."

     SECTION 2.  Section 586-11, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Whenever an order for protection is granted pursuant to this chapter, a respondent or person to be restrained who knowingly or intentionally violates the order for protection shall be guilty of a misdemeanor.  A person convicted under this section shall be ordered by the court to complete an assessment at any available domestic violence program and shall complete a domestic violence intervention or anger management course as determined by the domestic violence program.  The court additionally shall sentence a person convicted under this section as follows:

     (1)  For a first conviction for violation of the order for protection[:

          (A)  That is in the nature of non-domestic abuse, the person may be sentenced to a jail sentence of forty-eight hours and be fined no more than $150; or

          (B)  That is in the nature of domestic abuse], the person shall be sentenced to a mandatory minimum jail sentence of no less than [forty-eight hours] five days and be fined no less than [$150] $300 nor more than $500;

          provided that a conviction for violation of a temporary restraining order under section 586-4(e), issued under the same judicial case number as the order for protection, shall be treated as a second or subsequent violation of an order for protection; and

     (2)  For [a] the second and any subsequent conviction for violation of the order for protection[:

          (A)  That is in the nature of non-domestic abuse, and occurs after a first conviction for violation of the same order that was in the nature of non-domestic abuse, the person shall be sentenced to a mandatory minimum jail sentence of no less than forty-eight hours and be fined no more than $250;

          (B)  That is in the nature of domestic abuse, and] that occurs after a first conviction for violation of the same order [that was in the nature of domestic abuse,] or conviction for a violation of the temporary restraining order as defined in section 586-4(e), the person shall be sentenced to a mandatory minimum jail sentence of no less than [thirty] forty-five days and be fined no less than [$250] $500 nor more than $1,000;

         [(C)  That is in the nature of non-domestic abuse, and occurs after a first conviction for violation of the same order that was in the nature of domestic abuse, the person shall be sentenced to a mandatory minimum jail sentence of no less than forty-eight hours and be fined no more than $250; or

          (D)  That is in the nature of domestic abuse, and occurs after a first conviction for violation of the same order that is in the nature of non-domestic abuse, the person shall be sentenced to a mandatory minimum jail sentence of no less than forty-eight hours and be fined no more than $150; and

     (3)  For any subsequent violation that occurs after a second conviction for violation of the same order for protection, the person shall be sentenced to a mandatory minimum jail sentence of not less than thirty days and be fined not less than $250 nor more than $1,000;]

provided that the court shall not sentence a defendant to pay a fine [unless] if the court makes an on the record determination that the defendant is or will be [able] unable to pay the fine.

     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.

     The court may suspend any jail sentence under [subparagraphs (1)(A) and (2)(C),] paragraphs (1) and (2), upon condition that the defendant remain alcohol- and drug-free, conviction-free, [or] and complete court-ordered assessments or intervention.  Nothing in this section shall be construed as limiting the discretion of the judge to impose additional sanctions authorized in sentencing for a misdemeanor offense.  All remedies for the enforcement of judgments shall apply to this chapter."

     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.

Report Title:

Domestic Abuse Protective Orders; Temporary Restraining Order; Order for Protection; Penalties

Amends:

Increases the penalties imposed on individuals convicted for violations of temporary restraining orders and orders for protection.  Clarifies that the court shall not sentence a defendant to pay a fine for violating a domestic abuse protective order if the court makes an on-the-record determination that the defendant is or will be unable to pay the fine.  Specifies that a conviction for violation of a temporary restraining order issued under the same judicial case number as an order for protection shall be treated as a second or subsequent violation of an order for protection.  Authorizes the court to suspend certain jail sentences for violations of domestic abuse protective orders if the defendant meets certain conditions.  (HD1)

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

A BILL FOR AN ACT

RELATING TO DOMESTIC ABUSE PROTECTIVE ORDERS.

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

     SECTION 1.  Section 586-4, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

     "(e)  When a temporary restraining order is granted and the respondent or person to be restrained knows of the order, a knowing or intentional violation of the restraining order is a misdemeanor.  A person convicted under this section shall be ordered by the court to complete an assessment at any available domestic violence program and shall complete a domestic violence intervention or anger management course as determined by the domestic violence program.  The court additionally shall sentence a person convicted under this section as follows:

     (1)  Except as provided in paragraph (2), for a first conviction for a violation of the temporary restraining order, the person shall serve a mandatory minimum jail sentence of [forty-eight hours] five days and be fined [no] not less than [$150] $300 nor more than $500;

     (2)  For a first conviction for a violation of the temporary restraining order, if the person has a prior conviction for any of the following felonies:

          (A)  Section 707-701 relating to murder in the first degree;

          (B)  Section 707-701.5 relating to murder in the second degree;

          (C)  Section 707-710 relating to assault in the first degree;

          (D)  Section 707-711 relating to assault in the second degree;

          (E)  Section 707-720 relating to kidnapping;

          (F)  Section 707-721 relating to unlawful imprisonment in the first degree;

          (G)  Section 707-730 relating to sexual assault in the first degree;

          (H)  Section 707-731 relating to sexual assault in the second degree;

          (I)  Section 707-732 relating to sexual assault in the third degree;

          (J)  Section 707-733.6 relating to continuous sexual assault of a minor under the age of fourteen years;

          (K)  Section 707-750 relating to promoting child abuse in the first degree;

          (L)  Section 708-810 relating to burglary in the first degree;

          (M)  Section 708-811 relating to burglary in the second degree;

          (N)  Section 709-906 relating to abuse of family or household members; or

          (O)  Section 711-1106.4 relating to aggravated harassment by stalking;

          and if any of these offenses has been committed against a family or household member as defined in section 586-1, the person shall serve a mandatory minimum term of imprisonment of [fifteen] thirty days and be fined [no] not less than [$150] $350 nor more than $600; and

     (3)  For the second and any subsequent conviction for a violation of the temporary restraining order, the person shall serve a mandatory minimum jail sentence of [thirty] forty-five days and be fined [no] not less than [$250] $500 nor more than $1,000;

provided that the court shall not sentence a defendant to pay a fine [unless] if the court makes an on the record determination that the defendant is or will be [able] unable to pay the fine.

     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.

     The court may suspend any jail sentence, except for the mandatory sentences under paragraphs (1), (2), and (3) upon condition that the defendant remain alcohol- and drug-free, conviction-free, [or] and complete court-ordered assessments or intervention.  Nothing in this section shall be construed as limiting the discretion of the judge to impose additional sanctions authorized in sentencing for a misdemeanor."

     SECTION 2.  Section 586-11, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Whenever an order for protection is granted pursuant to this chapter, a respondent or person to be restrained who knowingly or intentionally violates the order for protection shall be guilty of a misdemeanor.  A person convicted under this section shall be ordered by the court to complete an assessment at any available domestic violence program and shall complete a domestic violence intervention or anger management course as determined by the domestic violence program.  The court additionally shall sentence a person convicted under this section as follows:

     (1)  For a first conviction for violation of the order for protection[:

          (A)  That is in the nature of non-domestic abuse, the person may be sentenced to a jail sentence of forty-eight hours and be fined no more than $150; or

          (B)  That is in the nature of domestic abuse], the person shall be sentenced to a mandatory minimum jail sentence of no less than [forty-eight hours] five days and be fined [no] not less than [$150] $300 nor more than $500;

          provided that a conviction for violation of a temporary restraining order under section 586-4(e), issued under the same judicial case number as the order for protection, shall be treated as a second or subsequent violation of an order for protection;

     (2)  For [a] the second and any subsequent conviction for violation of the order for protection[:

          (A)  That is in the nature of non-domestic abuse, and occurs after a first conviction for violation of the same order that was in the nature of non-domestic abuse, the person shall be sentenced to a mandatory minimum jail sentence of no less than forty-eight hours and be fined no more than $250;

          (B)  That is in the nature of domestic abuse, and] that occurs after a first conviction for violation of the same order [that was in the nature of domestic abuse,] or conviction for a violation of the temporary restraining order as defined in section 586-4(e), the person shall be sentenced to a mandatory minimum jail sentence of no less than [thirty] forty-five days and be fined [no] not less than [$250] $500 nor more than $1,000;

         [(C)  That is in the nature of non-domestic abuse, and occurs after a first conviction for violation of the same order that was in the nature of domestic abuse, the person shall be sentenced to a mandatory minimum jail sentence of no less than forty-eight hours and be fined no more than $250; or

          (D)  That is in the nature of domestic abuse, and occurs after a first conviction for violation of the same order that is in the nature of non-domestic abuse, the person shall be sentenced to a mandatory minimum jail sentence of no less than forty-eight hours and be fined no more than $150; and

     (3)  For any subsequent violation that occurs after a second conviction for violation of the same order for protection, the person shall be sentenced to a mandatory minimum jail sentence of not less than thirty days and be fined not less than $250 nor more than $1,000;]

provided that the court shall not sentence a defendant to pay a fine [unless] if the court makes an on the record determination that the defendant is or will be [able] unable to pay the fine.

     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.

     The court may suspend any jail sentence under subparagraphs (1)(A) and (2)(C), upon condition that the defendant remain alcohol- and drug-free, conviction-free, [or] and complete court-ordered assessments or intervention.  Nothing in this section shall be construed as limiting the discretion of the judge to impose additional sanctions authorized in sentencing for a misdemeanor offense.  All remedies for the enforcement of judgments shall apply to this chapter."

     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.

Report Title:

Temporary Restraining Order; Order for Protection; Penalties

Amends:

Increases the penalties imposed on individuals convicted for violation of a temporary restraining order and order for protection.  Clarifies that the court shall not sentence a defendant to pay a fine for violating a temporary restraining order or order for protection if the court makes an on the record determination that the defendant is or will be unable to pay the fine.  Specifies that a conviction for violation of a temporary restraining order issued under the same judicial case number as an order for protection shall be treated as a second or subsequent violation of an order for protection.  Specifies that the court may suspend certain jail sentence for violation of a temporary restraining order or order for protection upon condition that the defendant remain alcohol- and drug-free, conviction-free, and complete court-ordered assessments or intervention.  (SD1)

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

A BILL FOR AN ACT

relating to Domestic abuse protective orders.

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

     SECTION 1.  Section 586-4, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

     "(e)  When a temporary restraining order is granted and the respondent or person to be restrained knows of the order, a knowing or intentional violation of the restraining order is a misdemeanor.  A person convicted under this section shall be ordered by the court to complete an assessment at any available domestic violence program and shall complete a domestic violence intervention or anger management course as determined by the domestic violence program.  The court additionally shall sentence a person convicted under this section as follows:

     (1)  Except as provided in paragraph (2), for a first conviction for a violation of the temporary restraining order, the person shall serve a mandatory minimum jail sentence of [forty-eight hours] fifteen days and be fined no less than [$150] $300 nor more than $500;

     (2)  For a first conviction for a violation of the temporary restraining order, if the person has a prior conviction for any of the following felonies:

          (A)  Section 707-701 relating to murder in the first degree;

          (B)  Section 707-701.5 relating to murder in the second degree;

          (C)  Section 707-710 relating to assault in the first degree;

          (D)  Section 707-711 relating to assault in the second degree;

          (E)  Section 707-720 relating to kidnapping;

          (F)  Section 707-721 relating to unlawful imprisonment in the first degree;

          (G)  Section 707-730 relating to sexual assault in the first degree;

          (H)  Section 707-731 relating to sexual assault in the second degree;

          (I)  Section 707-732 relating to sexual assault in the third degree;

          (J)  Section 707-733.6 relating to continuous sexual assault of a minor under the age of fourteen years;

          (K)  Section 707-750 relating to promoting child abuse in the first degree;

          (L)  Section 708-810 relating to burglary in the first degree;

          (M)  Section 708-811 relating to burglary in the second degree;

          (N)  Section 709-906 relating to abuse of family or household members; or

          (O)  Section 711-1106.4 relating to aggravated harassment by stalking;

          and if any of these offenses has been committed against a family or household member as defined in section 586-1, the person shall serve a mandatory minimum term of imprisonment of [fifteen] thirty days and be fined no less than [$150] $350 nor more than $600; and

     (3)  For the second and any subsequent conviction for a violation of the temporary restraining order, the person shall serve a mandatory minimum jail sentence of [thirty] forty-five days and be fined no less than [$250] $500 nor more than $1,000;

provided that the court shall not sentence a defendant to pay a fine [unless] if, after conducting a financial review, the court determines the defendant is or will be [able] unable to pay the fine.

     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.

     The court may suspend any jail sentence, except for the mandatory sentences under paragraphs (1), (2), and (3) upon condition that the defendant remain alcohol- and drug-free, conviction-free, [or] and complete court-ordered assessments or intervention.  Nothing in this section shall be construed as limiting the discretion of the judge to impose additional sanctions authorized in sentencing for a misdemeanor."

     SECTION 2.  Section 586-11, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Whenever an order for protection is granted pursuant to this chapter, a respondent or person to be restrained who knowingly or intentionally violates the order for protection shall be guilty of a misdemeanor.  A person convicted under this section shall be ordered by the court to complete an assessment at any available domestic violence program and shall complete a domestic violence intervention or anger management course as determined by the domestic violence program.  The court additionally shall sentence a person convicted under this section as follows:

     (1)  For a first conviction for violation of the order for protection[:

          (A)  That is in the nature of non-domestic abuse, the person may be sentenced to a jail sentence of forty-eight hours and be fined no more than $150; or

          (B)  That is in the nature of domestic abuse], the person shall be sentenced to a mandatory minimum jail sentence of no less than [forty-eight hours] thirty days and be fined no less than [$150] $300 nor more than $500;

     (2)  For [a] the second and any subsequent conviction for violation of the order for protection[:

          (A)  That is in the nature of non-domestic abuse, and occurs after a first conviction for violation of the same order that was in the nature of non-domestic abuse, the person shall be sentenced to a mandatory minimum jail sentence of no less than forty-eight hours and be fined no more than $250;

          (B)  That is in the nature of domestic abuse, and] that occurs after a first conviction for violation of the same order [that was in the nature of domestic abuse,] or conviction for a violation of the temporary restraining order as defined in section 586-4(e), the person shall be sentenced to a mandatory minimum jail sentence of no less than [thirty] forty-five days and be fined no less than [$250] $500 nor more than $1,000;

         [(C)  That is in the nature of non-domestic abuse, and occurs after a first conviction for violation of the same order that was in the nature of domestic abuse, the person shall be sentenced to a mandatory minimum jail sentence of no less than forty-eight hours and be fined no more than $250; or

          (D)  That is in the nature of domestic abuse, and occurs after a first conviction for violation of the same order that is in the nature of non-domestic abuse, the person shall be sentenced to a mandatory minimum jail sentence of no less than forty-eight hours and be fined no more than $150; and

     (3)  For any subsequent violation that occurs after a second conviction for violation of the same order for protection, the person shall be sentenced to a mandatory minimum jail sentence of not less than thirty days and be fined not less than $250 nor more than $1,000;]

provided that the court shall not sentence a defendant to pay a fine [unless] if, after conducting a financial review, the court determines the defendant is or will be [able] unable to pay the fine.

     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.

     The court may suspend any jail sentence under subparagraphs (1)(A) and (2)(C), upon condition that the defendant remain alcohol- and drug-free, conviction-free, [or] and complete court-ordered assessments or intervention.  Nothing in this section shall be construed as limiting the discretion of the judge to impose additional sanctions authorized in sentencing for a misdemeanor offense.  All remedies for the enforcement of judgments shall apply to this chapter."

     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.

Report Title:

Temporary Restraining Order; Order for Protection; Penalties

Amends:

Increases the penalties imposed on individuals convicted for violation of a temporary restraining order and order for protection.  Clarifies that the court shall not sentence a defendant to pay a fine for violating a temporary restraining order or order for protection if, after conducting a financial review, the court determines the defendant is or will be unable to pay the fine.  Specifies that the court may suspend certain jail sentence for violation of a temporary restraining order or order for protection upon condition that the defendant remain alcohol- and drug-free, conviction-free, and complete court-ordered assessments or intervention.

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

STAND. COM. REP. NO.  1730

Honolulu, Hawaii

                , 2025

RE:   S.B. No. 295

      S.D. 1

      H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred S.B. No. 295, S.D. 1, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO DOMESTIC ABUSE PROTECTIVE ORDERS,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Increase the penalties imposed on individuals convicted for violations of temporary restraining orders and orders for protection;

     (2)  Clarify that the court shall not sentence a defendant to pay a fine for violating a domestic abuse protective order if the court makes an on-the-record determination that the defendant is or will be unable to pay the fine;

     (3)  Specify that a conviction for violation of a temporary restraining order issued under the same judicial case number as an order for protection shall be treated as a second or subsequent violation of an order for protection; and

     (4)  Authorize the court to suspend certain jail sentences for violations of domestic abuse protective orders if the defendant meets certain conditions.

     Your Committee received testimony in support of this measure from the Hawaii State Commission on the Status of Women; Office of the Prosecuting Attorney of the County of Hawaiʻi; Department of the Prosecuting Attorney for the City and County of Honolulu; Hawai‘i State Coalition Against Domestic Violence; Domestic Violence Action Center; Hawai‘i Children's Action Network Speaks!; Theresa's Pu‘uwai Legacy; and numerous individuals.  Your Committee received testimony in opposition to this measure from the Office of the Public Defender and one individual.

     Your Committee finds that protective orders play a crucial role in shielding individuals from domestic abuse, yet repeated violations undermine their effectiveness and put victims in danger.  To ensure these orders serve their intended purpose, stronger enforcement measures are necessary.  This measure enhances accountability by imposing stricter penalties for violations, clarifying how repeat offenses are treated, and allowing courts to assess a defendant's financial capacity when imposing fines.

     Your Committee has amended this measure by:

     (1)  Clarifying that any conviction for violation of a temporary restraining order issued under the same judicial case number as an order for protection shall be treated as a prior violation of an order for protection; and

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 295, S.D. 1, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 295, S.D. 1, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

STAND. COM. REP. NO.  1210

Honolulu, Hawaii

                , 2025

RE:   S.B. No. 295

      S.D. 1

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Human Services & Homelessness, to which was referred S.B. No. 295, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO DOMESTIC ABUSE PROTECTIVE ORDERS,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Increase the penalties imposed on individuals convicted for violations of temporary restraining orders and orders for protection;

     (2)  Clarify that the court shall not sentence a defendant to pay a fine for violating a domestic abuse protective order if the court makes an on-the-record determination that the defendant is or will be unable to pay the fine;

     (3)  Specify that a conviction for violation of a temporary restraining order issued under the same judicial case number as an order for protection shall be treated as a second or subsequent violation of an order for protection; and

     (4)  Authorize the court to suspend certain jail sentences for violations of domestic abuse protective orders if the defendant meets certain conditions.

     Your Committee received testimony in support of this measure from the Department of the Prosecuting Attorney for the City and County of Honolulu; Hawai‘i State Coalition Against Domestic Violence; Hawai‘i Children's Action Network Speaks!; Domestic Violence Action Center; and numerous individuals.  Your Committee received testimony in opposition to this measure from the Office of the Public Defender.  Your Committee received comments on this measure from the Judiciary.

     Your Committee finds that protective orders are critical tools that can help shield individuals from threats and violence, yet repeated violations highlight the need for stronger enforcement.  This measure strengthens accountability by increasing mandatory jail time and fines for violations, particularly for repeat offenders, and ensures that these enforceable safeguards deter future violations and enhance victim safety.

     Your Committee has amended this measure by making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Human Services & Homelessness that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 295, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 295, S.D. 1, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Human Services & Homelessness,

STAND. COM. REP. NO. 878

Honolulu, Hawaii

RE:    S.B. No. 295

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 295 entitled:

"A BILL FOR AN ACT RELATING TO DOMESTIC ABUSE PROTECTIVE ORDERS,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Increase the penalties imposed on individuals convicted for violation of a temporary restraining order and order for protection;

     (2)  Clarify that the court shall not sentence a defendant to pay a fine for violating a temporary restraining order or order for protection if, after conducting a financial review, the court determines the defendant is or will be unable to pay the fine; and

     (3)  Specify that the court may suspend certain jail sentences for violation of a temporary restraining order or order for protection upon condition that the defendant remain alcohol- and drug-free, conviction‑free, and complete court-ordered assessments or intervention.

     Your Committee received testimony in support of this measure from the Department of the Prosecuting Attorney of the City and County of Honolulu, Office of the Prosecuting Attorney of the County of Hawaiʻi, one member of the Honolulu City Council, Hawaiʻi State Coalition Against Domestic Violence, Domestic Violence Action Center, Hui Malama Pono Hawaiʻi, Hawaiʻi Children's Action Network Speaks!, Theresa's Puʻuwai Legacy, and sixteen individuals. 

     Your Committee received testimony in opposition to this measure from the Office of the Public Defender, Aloha 1^st Athletics, and one individual.

     Your Committee received comments on this measure from the Judiciary.

     Your Committee finds that domestic violence protective orders are issued where the family court finds that a past act or acts of abuse may have occurred, threats of abuse make it probable that acts of abuse may be imminent, or extreme psychological abuse or malicious property damage is imminent.  However, the lack of clarity, consistency, and severity of existing law for temporary restraining orders does not reflect the State's commitment to guarding individuals protected under temporary restraining orders.  Your Committee further finds that a 2014 study examined the effects of sentencing severity on recidivism among domestic violence offenders and concluded that stricter sentencing for domestic violence offenses, compared to non-domestic violence crimes, was linked to a lower likelihood of reoffending.  This measure will deter potential violators, assure victims, create clarity for the courts, and reduce recidivism of domestic violence offenders by updating the penalties and restrictive court procedures for individuals convicted for violation of a temporary restraining order and order for protection.

     Your Committee notes that this measure, as written, may necessitate that the courts order an ability to pay study to be undertaken by the Judiciary's Adult Client Services Branch, which would result in a delay in sentencing.  Your Committee further notes that postponing sentencing could lead to adverse outcomes for court users, such as delayed provision of services for defendants and a more "drawn-out" process for survivors of domestic abuse.  Additionally, if court staff are undertaking ability to pay studies for each case, their ability to provide timely service and supervision to other defendants may suffer. 

     Accordingly, your Committee has amended this measure by:

     (1)  Decreasing the increased mandatory minimum jail sentence for a first conviction for a violation of a temporary restraining order or order for protection to five days;

     (2)  Clarifying that the court shall not sentence a defendant to pay a fine for violating a temporary restraining order or order for protection if the court makes an on the record determination that the defendant is or will be unable to pay the fine;

     (3)  Specifying that a conviction for violation of a temporary restraining order issued under the same judicial case number as an order for protection shall be treated as a second or subsequent violation of an order for protection; and

     (4)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 295, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 295, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,