STAND. COM. REP. NO. 3305

 

Honolulu, Hawaii

                  

 

RE:    H.B. No. 1517

       H.D. 1

       S.D. 1

 

 

 

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2016

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary and Labor, to which was referred H.B. No. 1517, H.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO SENTENCING,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to provide that the commission of certain offenses of assault in the presence of the victim's minor child is an aggravating factor that the court is required to consider, along with other factors under section 706‑606, Hawaii Revised Statutes, in the sentencing of the defendant convicted of the offense.

 

     Your Committee received testimony in support of this measure from the Department of the Prosecuting Attorney, City and County of Honolulu; and two individuals.

 

     Your Committee finds that research has shown that children who witness assault or domestic violence can suffer severe emotional and developmental difficulties that are similar to those of children who are victims of direct physical and mental abuse.  By creating an aggravating factor for the court to consider when sentencing a defendant convicted of certain assault offenses committed in the presence of the victim's child, this measure recognizes the impact that witnessing an assault has on a child.

 

     Your Committee notes the testimony submitted by the Department of the Prosecuting Attorney of the City and County of Honolulu that this measure is substantially similar to section 706-606.4, Hawaii Revised Statutes (HRS), relating to the sentencing of offenses involving abuse of family or household member committed in the presence of a minor.  The Department raised concerns that duplicative sentencing statutes may cause unnecessary confusion.

 

     Accordingly, your Committee has amended this measure by adopting the suggestion made by the Department of the Prosecuting Attorney of the City and County of Honolulu to delete its contents and insert the contents of S.B. No. 2247, S.D. 1 (Regular Session of 2016), a substantially similar measure, that:

 

     (1)  Broadens section 706-606.4, HRS, to make the commission of certain offenses of assault, sexual assault, and abuse of a family or household member in the presence of a minor an aggravating factor to be considered in the sentencing of the defendant convicted of the offense; and

 

     (2)  Has an effective date of January 7, 2059, to encourage further discussion.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1517, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1517, H.D. 1, S.D. 1, and be placed on the calendar for Third Reading.

 

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

 

 

 

________________________________

GILBERT S.C. KEITH-AGARAN, Chair