Bill would add teeth to domestic violence law

LIHU‘E — Law enforcement officials are pushing for a bill moving through the state Legislature aiming to increase protection for domestic violence victims.

House Bill 1003 proposes to amend “certain criminal offenses to include conduct committed against domestic violence victims covered by protective orders or restraining orders.”

The bill in its current form would lengthen sentences for offenders, and would go into effect as early as July 1.

“It’s extremely helpful for victims of domestic violence who continually try to get away from their perpetrator and have been unsuccessful,” said County Prosecutor Shaylene Iseri-Carvalho during a recent presentation to the County Council. “We hope with the passage of this bill there will be an added level of protection … and not simply a piece of paper when they go out and risk their lives to get a restraining order.”

Known as the “Protect Victims of Domestic Violence Act,” the bill would turn certain misdemeanors into felonies and heighten the degree of specific felonies if a victim with a restraining order is killed, assaulted or threatened.

Under the bill, if someone were to commit second-degree murder against a person covered by a protective order, it would raise the crime to first-degree murder, First Deputy Prosecuting Attorney Jake Delaplane said in an email.

Under the same circumstances, manslaughter would increase to second-degree murder, third-degree assault would climb to second-degree — changing it from a misdemeanor punishable by up-to-one-year to a class C felony that could garner up to five years — and the misdemeanor second-degree terroristic threatening would become a class C felony.

“In other words, the act ‘upgrades’ the offense by one level if it is committed while the order of protection is in place,” Delaplane said. “By raising the level of the offense by one step, the offender is subject to harsher sentencing.”

The first-degree murder sentence is life without possibility of parole. Sentence for second-degree murder is life with possibility of parole, and a manslaughter conviction could result in 20 years behind bars, Delaplane said.

Hawai‘i state law defines first-degree murder as intentionally or knowingly causing the death of:

• more than one person in the same or separate incident;

• a law enforcement officer, judge, or prosecutor arising out of the performance of official duties;

• a person known by the defendant to be a witness in a criminal prosecution and the killing is related to the person’s status as a witness;

• a person by a hired killer, in which event both the person hired and the person responsible for hiring the killer shall be punished;

• a person while the defendant was imprisoned.

If the bill passes in its current form, it would add three more categories to the list:

• a person from whom the defendant has been restrained, by order of any court, including an ex parte order, from contacting, threatening, or physically abusing;

• a person who is being protected by a police officer ordering the defendant to leave the premises of that protected person during the effective period of that order;

• a person known by the defendant to be a witness in a family court proceeding and the killing is related to the person’s status as a witness.

It would do similar things to other charges.

A violation of an order of protection is currently punishable as a misdemeanor.

“This bill only raises the level of other additional offenses committed while an order of protection is in place,” Delaplane said.

In fiscal year 2010, he said, there were 324 protection orders filed on Kaua‘i.

Iseri-Carvalho, the president of the Hawai‘i Prosecuting Attorneys Association and a member of the Law Enforcement Coalition, said the bill would make a difference on island. The coalition, which submitted the bill, is comprised of police chiefs and prosecuting attorneys from all four counties, the attorney general, and the United States Attorney for the District of Hawai‘i. 

“Domestic violence continues to be one of the most serious problems plaguing Kaua‘i,” Iseri-Carvalho said. “When victims of domestic violence step forward to seek protection from abuse, the law should provide appropriate punishment for individuals who act violently in defiance of these protections.”

Delaplane said Iseri-Carvalho has actively garnered support from community organizations such as the YWCA, and has partnered with victim advocacy groups to encourage supporting testimony. She also participated in lobbying efforts to raise awareness among members of the Legislature.

Testimony

Members from the Department of the Attorney General, the Prosecuting Attorney departments from Maui and Honolulu, the Domestic Violence Action Center of Honolulu and the Honolulu Police Department provided written or verbal testimony supporting the bill before the House Committee on Human Services.

Attorney General David M. Louie and Deputy Attorney General Lance Goto told the committee the bill provides protection that current law does not.

“The prospect of only a misdemeanor charge for criminal contempt, assault, or terroristic threatening is not enough to discourage many perpetrators of abuse from continuing to harm their victims,” a copy of their testimony states. “Upgrading certain criminal offenses … provides a meaningful deterrent that can help free victims from the cycle of violence.”

The Honolulu Department of the Prosecuting Attorney stated in its testimony that up to 3 million American women are physically abused by their husbands or boyfriends each year. The added protection is needed for habitual offenders, such as one case the department cited.

“This defendant, despite 15 arrests and nine convictions for violating orders … has never served more than 30 days in jail,” the testimony states. “Recalcitrant abusers like this individual need a stronger message that this type of behavior will not be tolerated.

“Unfortunately for the victim of the perpetrator … she subsequently nearly lost her life and the life of her child before her abuser was ever charged with a felony.”

The bill was submitted last year, but did not pass.

Reintroduced in the House in January, the Protect Victims of Domestic Violence Act was part of a two-bill legislative package, Delaplane said. 

It has moved quickly since, but as the bill passed through the House, he said, it added a number of provisions related to labor trafficking, which does not directly relate to the purpose of the original bill. The trafficking portion is complicated, adds numerous additions to the existing state criminal code, and could delay the domestic violence bill as it goes through revisions, he explained.

“Many feel that while labor trafficking is an important issue that should be addressed with legislation, the Protect Victims of Domestic Violence Act is not the appropriate bill to address the issue,” Delaplane said.

The bill on Wednesday went before a conference committee to work out differences between House and Senate versions of the bill. 

Go to www.capitol.hawaii.gov for more information.

• Jessica Musicar, staff writer, can be reached at 245-3681 (ext. 224) or by e-mailing jmusicar@ thegardenisland.com.