Daily Archives: July 9, 2012

On June 6, 2012, Governor Neil Abercrombie signed House Bill 238 House Draft 2, Senate Draft 1, which became law as Act 206 on 7/3/2012 (Gov. Msg. No. 1309), which creates enhanced penalties when a defendant violates a temporary restraining order and he or she has a prior conviction of a violent crime. For a first conviction for a violation of the temporary restraining order, if the person has a prior conviction for one of the following enumerated felonies: murder in the first degree, murder in the second degree, assault in the first degree, assault in the second degree, kidnapping, unlawful imprisonment in the first degree, sexual assault in the first degree, sexual assault in the second degree, sexual assault in the third degree, continuous sexual assault of a minor under the age of fourteen years, promoting child abuse in the first degree, burglary in the first degree, burglary in the second degree, and abuse of a family or household member, aggravated harassment by stalking, there is a mandatory minimum term of imprisonment of fifteen days and be fined not less than $150 nor more than $600. If not, the penalty is a mandatory minimum jail sentence of forty-eight hours and be fined not less than $150 nor more than $500. This bill is part of the Department of the Prosecuting Attorney of the City and County of Honolulu’s 2011-2012 legislative package.