2011 Legislation the Department of the Prosecuting Attorney, City and County of Honolulu introduced and supported

The Department of the Prosecuting Attorney, City and Countyof Honolulu introduced and supported bills to help make Hawaii a safer place. The bills range in prevention, education, prosecution, and rehabilitation.

2011 Prosecuting Attorney Legislative Package:

Passed

4 out of 12 of the policies in our 2011 Prosecuting Attorney Legislative Package passed out of conference and his heading to final reading by both houses:

1. High priority for witness security in promoting prostitution cases (HB 240);
2. Increased penalties for promoting prostitution (HB 240);
3. Increased penalties for habitual solicitation of prostitution (HB 240); and
4. Killing another person’s animal without the person’s consent (SB 1068).

Did Not Pass

1. Unfortunately, our funding bill was not included in the State Budget bill.
2. Enhanced penalties for violation of TRO.
3. Enhanced penalties for violation of order for protection.
4. Victim notification rights.
5. Increase per diem for witnesses.
6. Civil commitment of sexually violent predator.
7. Mandatory minimum for certain offenses against victim who is 60 years or older.
8. No probation for person convicted of property theft over $100,000.

Bills Passed that the Department Supported:

1. The TRO timeline bill passed and included our recommendation of extending the effective time from 90 days to 180 days.  We gave this bill to HPD for their legislative package (HB 986).
2. The LEC bill passed that enhanced penalties for murder 1, murder 2, assault 2, and terroristic threatening 1 when there is a violation of a court restraining order, the victim was being protected by a police officer who ordered the defendant to leave, or the victim was a witness in a family court proceeding (HB 1003) – ACT 63.
3. Dogfighting: Creates dogfighting 2nd degree (attendance) and increases penalties for dogfighting 1st degree (SB 1069).
4. Killing of insects, rodents, vermin, or other pests must be in accordance with acceptable pest control practices (SB 1533).
5. OHA task force bill reflects our language of disproportionate representation and all decriminalization recommendations were deleted per our request (SB 986).
6. BOE and DOE to create policy on Bullying and Cyberbullying (HB 688).
7. Persons convicted of violation of privacy in the 1st degree shall register as sex offenders since the violation is sexual in nature (SB 52).
8. Update controlled substances to federal law (HB 1085).
9. Language to help PSD get federal support in electronic monitoring of pseudoephedrine in our market (SB 40).
10. DOH to provide a fitness restoration program for defendants unfit to proceed with court proceedings and on conditional release, and to report information regarding the defendant’s program and compliance to the prosecutor (HB 1071).
11. Include firefighters and water safety officers in Assault 2nd degree.  Creates unauthorized entry into a dwelling 1st degree and 2nd degree (SB 1025).
12. Fireworks: Inventory, labeling, importation, and permit revocation or suspension (SB 172).
13. Amended list of crimes that require mandatory minimum sentencing for repeat offenders.  Addressed some of our concerns (HB 1155).

Bills Passed that the Department Tracked:

1. Court can order community service in lieu of graffiti cleaning, especially if it is a dangerous location (HB 555).
2. Enhanced penalty for solicitation of prostitution near schools (HB 44).
3. PSD to establish performance indicators for inmate reentry system. (SB 44).
4. Exempts court interpreters who appear at the request of the courts from parking violations of expired meters (HB 298).
5. Allow child service providers to provide emergency shelter and related services to a minor (SB 921).
6. TRO by electronic application (SB 1054).
7. “Jane Doe” and “John Doe” filings (SB 946).
8. State can retain fingerprints of employment and licensing applicants for whom criminal history record checks are authorized statutorily (HB 1009).
9. Judiciary Budget (HB 300) – ACT 61.
10. Amend statute of limitations for civil actions for sexual offenses against minors (SB 217).
11. Prohibition against explosive devices (SB 782).