Violent crimes over the past year have given impetus to legislation aimed at stemming domestic violence before it escalates and giving longer sentences to the most brutal of youth offenders.

The House Human Services and Housing Committee yesterday advanced two bills that would address those issues. House Bill 3379 would create a petty misdemeanor domestic violence offense, which would allow for convictions in cases where the abuser did not necessarily leave cuts and bruises.

"In many abusive relationships, the perpetrator has learned not to touch the victim, so avoids arrest," Honolulu police captain Janet Crotteau testified.

In those situations, the charge often is reduced to harassment, which would not require offenders to participate in domestic violence intervention programs or expose them to enhanced sentencing if they reoffend.

Being able to convict abusers at an early stage could potentially prevent the abuse from becoming more serious, supporters said.

"Often the violence against these women escalates in time and can sometimes lead to serious injuries or death," according to written testimony from the Honolulu prosecutor's office. "Janel Tupola and Jenny Hartsock are reminders of the necessity for effective and strong responses and intervention in domestic violence situations."

ESCALATING VIOLENCE

Last month, Tupola's ex-boyfriend allegedly bludgeoned her to death in the middle of a Kailua street in front of several witnesses. Hartsock's husband has been charged with stabbing her to death in the hallway outside their Kalihi apartment.

The Hawai'i State Coalition Against Domestic Violence said in written testimony, "Most victims of intimate partner violence say that by the time police intervention occurred in their abusive relationship, there had been many incidents of violence."

The coalition said that sending batterers to domestic violence intervention programs may not stop the offender from being abusive, but "it does send a strong message that the batterer must be accountable for his behavior and they must address the underlying issues of power and control."

The Formerly Battered Women's Caucus of Hawai'i also submitted testimony in support, and brought up some of the recommendations offered by Sgt. John Guard, head of the domestic violence prevention unit for the Pitt County (N.C.) Sheriff's Office, at national conferences aimed at domestic violence prevention.

"(Guard) noticed that in DV (domestic violence) homicide cases, there was typically a string of misdemeanor offenses or behavior by the perpetrators that escalated over time before the killing took place," said Dara Carlin of Kailua, who said she is a survivor of an abusive relationship.

Guard recommends early intervention with monitoring and strict accountability for even the smallest of offenses to avert a possible homicide.

JUVENILE OFFENDERS

Testimony was sparse on House Bill 3372, which would permit Family Court to commit a minor convicted of sexual assault or murder to a youth correctional facility until age 18, after which the offender would be transferred to an adult prison until age 26.

Only the state Department of Public Safety offered testimony on the bill.

"PSD supports the effort to punish criminals for heinous crimes even if they are below the age of 18," Director Clayton Frank said in written testimony.

Frank asked, however, that amendments be made to turn jurisdiction in such cases over to adult court and to make it clear that these juveniles could be housed with adult prisoners.

The bill is one of several in the Legislature aimed at increasing penalties for juvenile offenders, who are often released before their 20th birthdays.

Others include the Karen's Law package, which was named for Karen Ertell, an 'Ewa Beach woman who was sexually assaulted then strangled. A 15-year-old neighbor has been charged with murder. One of the bills in the package would require that 15- to 17-year-olds charged with sexual assault and murder be tried as adults.

Reach Treena Shapiro at tshapiro@honoluluadvertiser.com.