2011 Prosecuting Attorney Legislative Package (Noting changes by the Legislature)


The 2011-2012 Legislature was great to work with. Below are the bills we proposed for the 2011 Legislative Session. Some bills were changed a little by the Legislature.

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. (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. (Became law as Act 145 in 2011).
4. Promoting Prostitution – Increase penalties. (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. (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. (Became law as Act 135 in 2011).
7. Victim notification of defendant’s status at State health facilities.
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. (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.

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