RES 497 Draft 01 2012-2014 - Laserfiche WebLink

Home

.B . NO. A BILL FOR AN ACT RELATING TO ABUSE OF FAMILY OR HOUSEHOLD MEMBER. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII : 1 SECTION 1 . Section 709-906, Hawaii Revised Statutes, is 2 amended as follows : 3 1 . By amending subsection (1) to read: 4 " (1) It shall be unlawful for any person, singly or in 5 concert, to physically abuse a family or household member or to 6 refuse compliance with the lawful order of a police officer 7 under subsection (4) . The police, in investigating any 8 complaint of abuse of a family or household member, upon 9 request, may transport the abused person to a hospital or safe 10 shelter. 11 For the purposes of this section [, "family] : 12 "Family or household member" means spouses or reciprocal 13 beneficiaries, former spouses or reciprocal beneficiaries, 14 persons in a dating relationship as defined under section 586-1, 15 persons who have a child in common, parents, children, persons 16 related by consanguinity, and persons jointly residing or 17 formerly residing in the same dwelling unit . 18 "Business day" means any calendar day, except Saturday, 19 Sunday, or any state holiday. " 20 2 . By amending subsection (4) to read: 21 " (4) Any police officer, with or without a warrant, shall 22 take the following course of action, regardless of whether the 23 physical abuse or harm occurred in the officer' s presence : 24 (a) The police officer shall make reasonable inquiry of 25 the family or household member upon whom the officer believes 26 physical abuse or harm has been inflicted and other witnesses as 27 there may be; 28 (b) The police officer lawfully shall order the person who 29 the police officer reasonably believes to have inflicted the 30 abuse to leave the premises for a period of separation [e-f- 31 forty cight hour3] , during which time the person shall not 32 initiate any contact, either by telephone or in person, with the 33 family or household member; provided that the person is allowed 34 to enter the premises with police escort to collect any 35 necessary personal effects . The period of separation shall 36 commence when the order is issued and expire at 6 : 00 p.m. on the 37 second business day following the day the order was issued;