STAND. COM. REP. NO.1178

Honolulu, Hawaii

, 2003

RE: H.B. No. 500

H.D. 1

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 500, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO FAMILY COURTS,"

begs leave to report as follows:

The purpose of this measure is to allow Family Court to commit a minor to a youth correctional facility if the minor is alleged to have sold or distributed, or attempted to sell or distribute drugs. The measure also requires the Family Court to order substance abuse education and counseling for the minor and the minor's parents, guardians, or legal custodians.

Testimony in support of this measure was received from the Honolulu Police Department, the Hawaii County Police Department, the Maui County Department of the Prosecuting Attorney, The North Hawaii Drug-Free Coalition, Five Mountains Hawaii, Family Support Services of West Hawaii, and a concerned citizen. The Office of the Public Defender opposed the measure. The Judiciary offered comments.

Your Committee finds that drug use is a community problem because users often commit drug-related crimes. Users also often require health, human services, and unemployment assistance. Additionally, drug abuse also affects family systems. Your Committee recognizes that for drug treatment of a minor to be effective, the entire family must be involved for the support of the minor, and if necessary, to address the drug use of other family members.

Based on testimony received from the Judiciary, and because certain provisions of the bill may be deemed to be unconstitutional, your Committee amended the bill by:

(1) Changing the word "alleged" on page 3, line 7 to "adjudicated";

(2) Deleting the words "or attempted violation" on page 3, lines 8 and 9;

(3) Deleting the words "or attempted violation" on page 3, line 12;

(4) Appropriating an unspecified amount to the Judiciary to carry out the purposes of this Act; and

(5) Changing the effective date from February 28, 2050 to July 1, 2003.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 500, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 500, H.D. 1, 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 and Hawaiian Affairs,

____________________________

COLLEEN HANABUSA, Chair