State domestic abuse measure passes

A state bill intended to reinforce legal protections for domestic violence survivors has cleared its final legislative hurdle.

Senate Bill 295, authored by Sen. Joy San Buenaventura of Puna, was passed out of a House-Senate conference committee last week.

“This bill ensures that violations of protective orders are taken seriously and that survivors have stronger protections under the law,” said San Buenaventura. “It closes legal gaps and sends a clear message that domestic abuse will not be tolerated.”

Under the measure, which now goes to Gov. Josh Green for his consideration, violating a temporary restraining order or order for protection would remain a misdemeanor. However, the minimum jail term for a first-time offender would increase from 48 hours to five days, and the minimum fine would be hiked from $150 to $300, with the maximum fine being $500.

For those first-time offenders who have prior convictions for crimes such as murder, felonious assault, kidnapping, sexual assault, burglary, domestic abuse or aggravated harassment by stalking, the mandatory jail term would increase from 15 days to 30 days, with the minimum fine raised from $150 to $350 and the maximum fine set at $600.

For the second and any subsequent conviction for a TRO violation, the mandatory minimum jail term would increase from 30 days to 45 days, with the minimum fine increasing from $250 to $500 and a maximum fine of $1,000.

In addition to the increased penalties for individuals violating TROs and orders for protection, the measure would ensure that courts consider a defendant’s ability to pay when imposing fines. It also clarifies how repeat offenses are handled under the law.

“I submitted testimony in support of SB295,” Hawaii County Prosecutor Kelden Waltjen said Wednesday. “The bill reflects the need to support and protect domestic violence victims by holding offenders accountable for violating TROs and protective orders by increasing the minimum penalties, establishing that any conviction for a violation of a TRO issued under the same case number be treated as a prior violation of an order for protection, and removing the distinction between non-domestic abuse and domestic abuse.

“If signed into law, SB295 will be a step in the right direction toward addressing the cycle of domestic violence in our community. We remain hopeful that Governor Green signs SB295 into law soon.”

If the bill becomes law, the court will have the discretion to suspend any jail sentence, except for the mandatory sentences, upon condition that the defendant remain alcohol- and drug-free, conviction-free and complete court-ordered assessments or intervention. Judges also would have the discretion to impose additional sanctions authorized in sentencing for a misdemeanor — which has a maximum jail term of a year.

“I like that the bill gives the judicial system a means of protecting domestic violence victims by giving the offenders stiffer penalties,” said police Lt. John Balberde of the East Hawaii Juvenile Aid Section. “As far as we’re concerned here in JAS, we’re going to continue to investigate these types of cases the same — thoroughly and efficiently. And upon the completion and their move to prosecution, we’re going to continue our work with the victims and the prosecutor’s office.

“And if this bill is passed and the judicial system enforces these stiffer penalties, I believe it will ultimately make Hawaii a safer place by recognizing that domestic violence and suspects reoffending … will not be tolerated.”

Email John Burnett at jburnett@hawaiitribune-herald.com.