2012 Honolulu Prosecuting Attorney Legislative Package
1. Enhanced penalties for defendant who violates a temporary restraining order and has a prior conviction of a violent crime. (House Bill 238 carried over from 2011 and became law as Act 206 in 2012).
2. Enhanced penalties for defendant who violates an order for protection and has a prior conviction of a violent crime. Legislation carried over from 2011.
3. Department of Health to give notification to the victim on the status of offender. Legislation carried over from 2011.
4. Increase per diem for neighbor island and out-of-state witnesses coming to Oahu. Legislation carried over from 2011.
5. Appropriations to Department of the Honolulu Prosecuting Attorney for State-mandated programs: Career Criminal Prosecution Unit, prosecution in Drug Court, Hawaii’s Opportunity Probation with Enforcement Program, and Victim Witness Assistance Program. (House Bill 246 carried over from 2011 and became law as Act 322 in 2012).
6. Mandatory minimum sentencing for certain offenses against persons 60 years of age or older. Legislation carried over from 2011.
7. Person convicted of property theft over $100,000 may not be sentenced to probation. Legislation carried over from 2011.
8. Add felonies for which criminal charges may be instituted by written information including habitual property crime, unauthorized entry in a dwelling in the first or second degree, and theft of copper.
9. Correct violation of privacy laws (surveillance of another in stage of undress or sexual activity to be in 1st degree and all other surveillance to be in 2nd degree). (House Bill 1772 became law as Act 59 in 2012).
10. Accused to transport witness because he or she has sole custody of the witness.
11. Excluding abuse of family or household members from Rule 48 of the Hawaii Rules of Penal Procedure where cases are dismissed either without prejudice or with prejudice if they are not set for trial within 6 months.
12. Within the defense law of justifiable use of force on minors for discipline, our bill makes it clear that certain acts are an unjustifiable use of force.
13. Allows electronic communication service providers to voluntarily disclose electronic communications to governmental agency where an emergency involving danger of death or serious physical injury to any person requires such disclosure without delay. (Senate Bill 2247 became law as Act 94 in 2012).
14. Long-arm statute for production of records in other states. (House Bill 1777 became law as Act 325 in 2012).
15. Increases penalties for unauthorized access to computer 1st degree, 2nd degree, and 3rd degree. (Act 1788 became law as Act 293 in 2012).
16. Restitution for victims – Increase deductions from prisoners’ earnings; Withhold from prisoners’ taxes; Removes court’s authority to revoke restitution once ordered.
17. Appropriation to Judiciary for 2 judges for domestic violence cases since there is a backlog of cases.
18. Appropriation for Family Justice Center.
19. Involuntary Hospitalization for Sexually Violent Predators. Legislation carried over from 2011.
2011 Prosecuting Attorney Legislative Package
1. TRO Violation – Enhanced penalties for defendant who violates a TRO and have a prior conviction of a violent crime. (House Bill 238 became law as Act 206 in 2012).
2. Order for Protection Violation – Enhanced penalties for defendants who violate an order for protection and have prior conviction of a violent crime.
3. Promoting Prostitution – Include as a high priority in witness protection program. (House Bill 240 became law as Act 145 in 2011).
4. Promoting Prostitution – Increase penalties. (House Bill 240 became law as Act 145 in 2011).
5. Prostitution – Increase penalty for “Johns” offenders for Habitual Solicitation of prostitution where it is a 3rd conviction for the defendant within 5 years. Keeps prostitute offenders penalty the same as a pettty misdemeanor. (House Bill 240 became law as Act 145 in 2011).
6. Animal Cruelty: Amends section 711-1108.5, HRS, cruelty to animals in the first degree, by adding “kills or attempts to kill any animal belonging to another person without first obtaining legal authority or consent of that person.” Exempts societies that protect animals and government from the statute. (Senate Bill 1068 became law as Act 135 in 2011).
7. Victim notification of defendant’s status.
8. Increase Per Diem for Witnesses who travel from another island or State to Oahu for court.
9. Grant-In-Aid appropriation for department of the prosecuting attorney for 5 prosecuting attorney positions for career criminal prosecution, 1 deputy prosecuting attorney position for drug court prosecution, 1 deputy prosecuting attorney for Hawaii’s Opportunity Probation with Enforcement (HOPE), and victim witness assistance program. (House Bill 246 became law as Act 322 in 2012).
10. Civil Commitment for Violent Sexual Predators: Defines “sexually violent predator.” Prosecuting attorney of the appropriate county can initiate the proceeding for involuntary hospitalization. Requires one licensed psychiatrist or psychologist to be an expert on sexually violent predators.
11. Crimes Against Elders – Mandatory Minimum Sentencing
12. No Probation if Defendant Commits Theft of Property Exceeding $100,000.