Report Title:

Temporary Restraining Orders; Task Force

 

Description:

Requires the judiciary to establish a task force to examine the use of electronic filing for requests for and issuance of domestic abuse temporary restraining orders on nights and weekends.  (HB728 HD1)

 


HOUSE OF REPRESENTATIVES

H.B. NO.

728

TWENTY-FIFTH LEGISLATURE, 2009

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

RELATING TO TEMPORARY RESTRAINING ORDERS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  (a)  The judiciary shall establish a temporary task force to examine the use of electronic filing for requests for and issuance of domestic abuse temporary restraining orders on nights and weekends.

     (b)  In establishing the task force, the judiciary shall examine the electronic temporary restraining order program in New Jersey, known as "E-TRO."

     The task force shall also consider allowing the use of electronic signatures of judges and complainants on nights and weekends, as well as the immediate appearance of complaints on the judiciary's website for service and enforcement.

     (c)  The police departments and prosecuting attorneys in each county shall cooperate with the judiciary to develop and implement the task force.

     (d)  The task force shall consist of eight members as follows:

     (1)  One member of the house of representatives appointed by the speaker of the house of representatives;

     (2)  One member of the senate appointed by the president of the senate;

     (3)  One representative from the family court appointed by the speaker of the house and the president of the senate;

     (4)  One representative from the Honolulu police department appointed by the chief of police;

     (5)  The director of the department of human services or the director's designee; and

     (6)  Three members appointed by the governor, to be selected from a list comprising three names chosen by the speaker of the house of representatives and three names chosen by the president of the senate, with each member representing a different organization that represents domestic violence victims.

     (e)  The members of the task force shall serve without compensation and shall receive no reimbursement for expenses.

     (f)  The judiciary shall submit a report of the task force's findings to the legislature no later than twenty days prior to the convening of the regular session of 2010.  The report shall include information and recommendations about the efficacy of and costs associated with the electronic temporary restraining order program.  The report shall also recommend whether the electronic temporary restraining order program should be made permanent.

     (g)  The task force shall cease to exist on June 30, 2010.

     SECTION 2.  This Act shall take effect on July 1, 2009.