STAND. COM. REP. NO.  1333-08

 

Honolulu, Hawaii

                , 2008

 

RE:   S.B. No. 1343

      S.D. 1

      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 S.B. No. 1343, S.D. 1, H.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO THE PENAL CODE,"

 

begs leave to report as follows:

 

     The purpose of this bill is to further protect victims of domestic violence by including violations of restraining orders and police orders as offenses of terroristic threatening in the first degree and assault in the second degree.

 

     The Department of the Attorney General, Department of the Prosecuting Attorney of the City and County of Honolulu, Department of the Prosecuting Attorney of the County of Maui, Hawaii Police Department, Honolulu Police Department, and Hawaii State Coalition Against Domestic Violence testified in support of this bill.  The Office of the Public Defender opposed this measure.

 

     Your Committee has amended this bill by:

 

     (1)  Excluding ex parte orders from among the court orders covered by the criminal offense;

 

     (2)  Changing its effective date to January 1, 2112, to encourage further discussion; and

 

     (3)  Making technical, nonsubstantive amendments 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 S.B. No. 1343, S.D. 1, H.D. 1, as amended herein, and recommends that it be referred to the Committee on Finance in the form attached hereto as S.B. No. 1343, S.D. 1, H.D. 2.

 

 

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

 

 

 

 

____________________________

TOMMY WATERS, Chair