STAND. COM. REP. NO.  985-08

 

Honolulu, Hawaii

                , 2008

 

RE:   H.B. No. 3379

      H.D. 2

 

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary, to which was referred H.B. No. 3379, H.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO DOMESTIC VIOLENCE,"

 

begs leave to report as follows:

 

     The purpose of the bill is to repeal, revise and recodify the statutes on abuse of family or household members.

 

     The Department of the Attorney General, Department of the Prosecuting Attorney for the City and County of Honolulu, Department of the Prosecuting Attorney of the County of Maui, Honolulu Police Department, County of Maui Police Department, Domestic Violence Action Center, VOICES, and a concerned individual supported this bill.  The Hawaii State Coalition Against Domestic Violence supported the intent of this measure.  The Office of the Public Defender submitted comments.

 

     Your Committee amended this bill by:

 

     (1)  Deleting references to mandatory sentencing;

 

     (2)  Defining "physical abuse";

 

     (3)  Simplifying the offense of abuse of family or household member in the third degree by making it the intentional subjection of a family or household member to physical abuse;

     (4)  Deleting the provision allowing a police officer to order a person to leave a premises based on a belief that there is immediate risk that the person will inflict physical abuse or harm on a family or household member;

 

     (5)  Changing the effective date to July 1, 2112, to encourage further discussion; and

 

     (6)  Making technical, nonsubstantive changes for clarity, consistency, and style.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 3379, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 3379, H.D. 2.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary,

 

 

 

 

____________________________

TOMMY WATERS, Chair