LEGISLATURE 2003 STATUS REPORT
Crime

Advertiser Staff

Lawmakers closed the 2003 legislative session Thursday after taking action on hundreds of bills. Here are many of the more significant bills.

Bills that passed will be sent to Gov. Linda Lingle for signature or veto. Lawmakers can override a veto by a two-thirds vote of each house.

Elder abuse
(SB 78 SD2 HD1)

Authorizes the attorney general to seek civil penalties for abuse or neglect of a dependent person 62 years of age or older. Also provides enhanced civil remedies for prevailing parties in cases involving abuse or neglect of a dependent elder.

Hate crimes
(SB 616)

Expands Hawai'i's hate crime law to apply to a defendant who intentionally selects a victim or property of a person because of hostility toward the person's actual or perceived gender identity or expression. Gov. Linda Lingle allowed the measure to become law without her signature.

Manslaughter defense
(SB 1274 SD1 HD1 CD1)

Changes the extreme mental or emotional disturbance defense from a standard defense to an affirmative defense.

Correctional facilities
(HB 298 HD2 SD2 CD1)

Directs the executive branch to consider the undeveloped portion on the existing Halawa Correctional Facility as one of the possible sites for replacing the O'ahu Community Correctional Center.

Privacy violation
(SB 1107 SD1 HD1)

Redefines the offense of disorderly conduct. Expands the scope of violation of privacy to include recording or broadcasting a person's intimate area underneath clothing while in a public place, without that person's consent.

Anti-drug unit
(HB 297 HD2 SD2 CD1)

Appropriates $100,000 to establish a drug nuisance abatement unit within the attorney general's office with a focus on crystal methamphetamine drug houses. Additional financing is to be provided through drug forfeitures.

Age of consent
(HB 562 SD1 CD1)

Makes permanent the age of consent for offenses of sexual assault in the 1st degree and sexual assault in the 3rd degree for persons who knowingly engage in sexual penetration with minors at least 14 years old but less than 16 years old, if the offender is not less than 5 years older than and is not married to the minor.

Controlled substances
(HB 564 SD1 CD1)

Extends offense of promoting a controlled substance near schools or school vehicles to include public parks.

Criminal history checks

Requires the Department of Health to conduct criminal history record checks of operators and employees of skilled nursing facilities, intermediate care facilities, adult residential care homes, and assisted living facilities.

3-1-1 system

Appropriates money to the Honolulu police department for development costs for a 3-1-1 nonemergency report system.

Restraining order

Entitles employers to obtain temporary restraining orders to protect worksite.

Racing penalties

Authorizes the court to confiscate vehicles of drivers caught on a second offense of exceeding the speed limit by 30 mph. Would also allow the vehicle of the offender's parents to be forfeited when the offender is a minor.

Traffic camera enforcement

Establishes a traffic-control signal monitoring system that would produce recorded images of motor vehicles entering an intersection against a red light.

Driving curfews

Requires all drivers younger than 18 to be accompanied by a licensed driver over 21 when driving between 10 p.m. and 4 a.m., with exceptions.

Cruelty to animals

Creates new offenses of aggravated cruelty to animals, including cockfighting and possessing cockfighting equipment.

Medical marijuana

Tightens the controls and regulations on the use of medical marijuana.