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HomeMy WebLinkAboutRES 497 Draft 01 2012-2014 •.•�rtY Os,M1 Cr°`1 COUNTY OF HAWAII :..,��t,,W, I•'- STATE OF HAWAII • ire�F N:% RESOLUTION NO. 497 14 A RESOLUTION REQUESTING THE HAWAII STATE ASSOCIATION OF COUNTIES TO INCLUDE IN ITS 2015 LEGISLATIVE PACKAGE A BILL RELATING TO ABUSE OF A FAMILY OR HOUSEHOLD MEMBER. WHEREAS, Hawai`i Revised Statutes, Section 709-906, states that in the event of a family violence incident, a police officer, upon making reasonable inquiry of a victim of physical abuse or harm, shall order the person reasonably believed to be the abuser to leave the premises and refrain from contact for 48 hours; and WHEREAS, if the incident occurs after noon on a Friday, or on a Saturday, Sunday or a legal holiday, the 48-hour period is extended until 4:30 p.m. on the first day following the weekend or legal holiday; and WHEREAS, when the abuse occurs at certain times or on certain days, the time frame specified under HRS 709-906 is less than 48 hours and may not give the victim sufficient time to obtain a restraining order or gain access to a shelter; and WHEREAS, the period of separation should begin when the order is issued and expire at 6:00 p.m. on the second business day following the day the order was issued; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the Hawai`i State Association of Counties is requested to include in its 2015 legislative package a bill to increase the period of separation for incidents of family violence as provided in the bill attached hereto. BE IT FINALLY RESOLVED that the County Clerk shall forward copies of this resolution to the Honorable Mayor William P. Kenoi and to the President and the Secretary of the Hawai`i State Association of Counties. Dated at Kona , Hawai`i, this 20th day of August , 2014 . INTRODUCED BY: 0 7 • COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawai`i AYES NOES ABS EX Hilo, Hawai`i EOFF X FORD X I hereby certify that the foregoing RESOLUTION was by ILAGAN X the vote indicated to the right hereof adopted by the COUNCIL of the KANUHA County of Hawaii on Atigitst 20, 2014 X KERN X ONISHI X ATTEST: POINDEXTER X WILLE X / YOSHIMOTO X 9 0 0 0 Reference: C-990/Waived GREDC COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. 496 14 2 JUSTIFICATION SHEET PROPOSER: Hawai`i State Association of Counties TITLE: RELATING TO ABUSE OF FAMILY OR HOUSEHOLD MEMBER. PURPOSE: This proposed Bill for an Act gives victims of family violence additional time to get help and legal protection before the order for a period of separation expires. MEANS: Amends Hawai`i Revised Statutes Section 709-906 to specify that a period of separation begins when an order is issued and continues until 6:00 p.m. on the second business day following the day the order is issued. Clarifies the definition of a "business day." JUSTIFICATION: Act 251, Session Laws of Hawai`i 2013, extended the period of separation from 24 hours to 48 hours to address the epidemic of domestic abuse, and until 4:30 p.m. following a weekend or a legal holiday if the incident occurs on such a day. One full business day is not enough time for a victim to obtain a restraining order and to make necessary arrangements. This proposed Bill for an Act extends the period of separation to give a victim extra time. .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; Page 2 No . •B •1 [ (c) When the incident occurs' after 12 : 00 p.m. on any 2 Friday, or on any Saturday, Sunday, or legal holiday, the order 3 - - 4 orcc, but the forty eight 5 -_- ' 44 -- - - - -- -- - -6 the first day following the weekend or legal holiday; 7 -( )-] (c) All persons who are ordered to leave as stated 8 above shall be given a written warning citation stating the 9 date, time, and location of the warning and stating the 10 penalties for violating the warning. A copy of the warning 11 citation shall be retained by the police officer and attached to 12 a written report which shall be submitted in all cases . A third 13 copy of the warning citation shall be given to the abused 14 person; 15 [ (c) ] (d) If the person so ordered refuses to comply with 16 the order to leave the premises or returns to the premises 17 before the expiration of the period of separation, or if the 18 person so ordered initiates any contact with the abused person, 19 the person shall be placed under arrest for the purpose of 20 preventing further physical abuse or harm to the family or 21 household member; and 22 [ (f) ] (e) The police officer shall seize all firearms and 23 ammunition that the police officer has reasonable grounds to 24 believe were used or threatened to be used in the commission of 25 an offense under this section. " 26 SECTION 2 . This Act does not affect rights and duties that 27 matured, penalties that were incurred, and proceedings that were 28 begun before its effective date . 29 SECTION 3 . Statutory material to be repealed is bracketed 30 and stricken. New statutory material is underscored. 31 SECTION 4 . This Act shall take effect upon its approval .