The 2011-2012 Legislature was great to work with. Below are the bills we proposed for the 2012 Legislative Session.
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. (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.
3. Department of Health to give notification to the victim on the status of offender.
4. Increase per diem for neighbor island and out-of-state witnesses coming to Oahu.
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. (Became law as Act 322 in 2012).
6. Mandatory minimum sentencing for certain offenses against persons 60 years of age or older.
7. Person convicted of property theft over $100,000 may not be sentenced to probation.
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). (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. (Became law as Act 94 in 2012).
14. Long-arm statute for production of records in other states. (Became law as Act 325 in 2012).
15. Increases penalties for unauthorized access to computer 1st degree, 2nd degree, and 3rd degree. (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.
- Appropriation to Judiciary for 2 judges for domestic violence cases since there is a backlog of cases.
18. Appropriation for Family JusticeCenter.
19. Involuntary Hospitalization for Sexually Violent Predators.