STAND. COM. REP. NO. 1147

 

Honolulu, Hawaii

                  

 

RE:    H.B. No. 1237

       H.D. 1

       S.D. 1

 

 

 

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

 

Sir:

 

     Your Committee on Human Services, to which was referred H.B. No. 1237, H.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO THE JUDICIARY,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to clarify that the courts have the authority to issue temporary restraining orders, protective orders, and injunctions for reasonable time periods that expire after a protected minor reaches the age of majority.

 

     Your Committee received testimony in support of this measure from the Honolulu Police Department, Department of the City and County of Honolulu Prosecuting Attorney, Hawaii Youth Services Network, and one individual.

 

     Your Committee finds that temporary restraining orders, protective orders, and injunctions restraining a person from contacting, threatening, physically abusing, or harassing a minor typically expire when the minor reaches the age of majority because there is ambiguity whether the courts have the authority to issue these orders for a period that extends beyond the date upon which the minor turns eighteen years of age.  Your Committee further finds that this forces the now eighteen-year-old who was previously protected to return to court and complete the process again, which can be time consuming, costly, and the source of unnecessary stress on and possible future harm to the now-majority-aged individual.

 

     Your Committee has amended this measure by:

 

     (1)  Making it effective upon its approval; and

 

     (2)  Making a technical, nonsubstantive amendment for the purposes of clarity and consistency.

 

     As affirmed by the record of votes of the members of your Committee on Human Services that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1237, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1237, H.D. 1, S.D. 1, and be referred to your Committee on Judiciary.

 

Respectfully submitted on behalf of the members of the Committee on Human Services,

 

 

 

________________________________

JOY A. SAN BUENAVENTURA, Chair