STAND. COM. REP. NO. 465

Honolulu, Hawaii

, 2001

RE: S.B. No. 453

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 S.B. No. 453 entitled:

"A BILL FOR AN ACT RELATING TO THE RIGHTS OF VICTIMS,"

begs leave to report as follows:

The purpose of this measure is clarify when a crime victim is required to be notified of what is happening with the defendant and with the case.

Your Committee received testimony in support of this measure from the Honolulu Prosecuting Attorney, The Sex Abuse Treatment Center, and two private citizens. Testimony in opposition was submitted by the Department of Health.

This measure also allows a crime victim or a surviving relative to decide if they do not want to receive the required notifications.

This measure clarifies the definition of "major developments" that would assure that a victim whose criminal perpetrator is acquitted, found unfit to proceed, or regained the fitness to proceed would be entitled to notification rights. Your Committee finds that the outcomes of a criminal case are critically important to victims, because the perpetrator may still be dangerous.

Your Committee has amended this measure by making technical, nonsubstantive amendments for clarity and to comport with proper drafting.

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 S.B. No. 453, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 453, S.D. 1, and be referred to the Committee on Ways and Means.

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

____________________________

BRIAN KANNO, Chair