STAND. COM. REP. NO. 134

Honolulu, Hawaii

, 2005

RE: H.B. No. 433

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 433 entitled:

"A BILL FOR AN ACT RELATING TO DOMESTIC ABUSE PROTECTIVE ORDERS,"

begs leave to report as follows:

The purpose of this bill is to:

(1) Include attempts to perform acts enjoined by a temporary restraining order as violations of the order; and

(2) Set forth that orally granted protective orders are effective as of the hearing date, if respondents are present in court; otherwise, they are effective upon personal service or receipt of the order of respondents by certified mail.

The Department of the Prosecuting Attorney for the City and County of Honolulu, Office of the Prosecuting Attorney for the County of Kauai, Honolulu Police Department, Domestic Violence Clearinghouse and Legal Hotline, Hawaii State Coalition Against Domestic Violence, Hawaii Family Forum, Hawaii Catholic Conference, and a concerned individual testified in support of this measure. The Office of the Public Defender testified against this measure.

 

Your Committee finds that:

(1) This measure would assure that in situations where respondents are absent at court when protective orders are orally issued, prior existing temporary restraining orders will remain in effect until respondents are served with protective orders; and

(2) Violations of restraining orders based on actions perceived as attempts to violate orders would be subject to abuse.

Your Committee has amended this bill by:

(1) Deleting references to violation of restraining orders based upon acts perceived as attempts to violate orders; and

(2) Making technical, nonsubstantive changes for clarity 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. 433, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 433, H.D. 1, and be placed on the calendar for Third Reading.

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

 

____________________________

SYLVIA LUKE, Chair