STAND. COM. REP. NO.1354

Honolulu, Hawaii

, 2001

RE: H.B. No. 498

H.D. 1

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 498, H.D. 1, entitled:

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

begs leave to report as follows:

The purpose of this measure is to allow a defendant's probation officer to notify the victim, or parent or guardian of a minor victim or incapacitated victim of a defendant who has violated probation for certain domestic violence offenses and restraining orders.

Your Committee received testimony in support of this measure from the Judiciary, Attorney General, Honolulu Prosecuting Attorney, Domestic Violence Clearinghouse and Legal Hotline, Hawaii Catholic Conference, and Hawaii State Coalition Against Domestic Violence, and one private citizen. Testimony in opposition was received from the Public Defender.

This measure allows the disclosure, upon written request, of any information in the possession of the probation officer that relates to the safety and welfare of the victim.

Testimony on this measure indicated a preference for more specific guidelines to probation officers as to what kind of information can be released and to whom. Accordingly, your Committee has amended this measure by substituting S.B. No. 723, S.D. 1, a similar measure. Your Committee has clarified that the amended measure also applies to divorce, domestic abuse protective orders, and abuse of a household member, to be consistent with H.B. No. 498, H.D. 1.

As amended, this measure permits the release of the name and address of the person, employment address, name and address of any training or educational program attended, and violation of any term or condition of probation of a child offender and adult defendant. Release of the information would be to the victim, the immediate surviving family member of the victim, or the victim's or surviving family member's duly authorized advocate.

Your Committee believes that probation officers should have the authority to share information with victims that is clearly necessary for their safety. As has been repeatedly demonstrated in domestic violence situations, an ounce of prevention is worth a pound of cure. All too many serious domestic violence offenders were on probation at the time of their offense.

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. 498, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 498, H.D. 1, S.D. 1, and be placed on the calendar for Third Reading.

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

____________________________

BRIAN KANNO, Chair