STAND. COM. REP. NO. 1492

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  H.B. No. 177
                                        H.D. 1
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

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

     "A BILL FOR AN ACT RELATING TO HARASSMENT,"

begs leave to report as follows:

     The purpose of this bill, as received by your Committee, is
to:

     (1)  Clarify the basis for granting a temporary restraining
          order in District Court harassment cases;

     (2)  Extend the maximum duration for a temporary restraining
          order to ninety-days;

     (3)  Allow for service by certified mail; and

     (4)  Expand the types of service permitted for serving the
          respondent.

     Your Committee finds that these proposed changes to section
604-10.5, Hawaii Revised Statutes, are designed to conform
temporary restraining orders in District Court harassment cases
with Family Court harassment injunction procedures and standards.
Your Committee recognizes that the fifteen day duration of a
temporary restraining order may be inadequate when serving a
respondent who does not wish to be found, and that the petitioner
must return to court to obtain a continuance every time the

 
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temporary restraining order expires.  However, your Committee is
concerned that an ex parte allegation of harassment should not
remain outstanding for a lengthy period without affording the
respondent an opportunity to be heard.  Therefore, it is your
Committee's intent that the District Court schedule hearing dates
that would enable the respondent to be heard within fifteen days
of the date of service of the temporary restraining order.  

     In addition, your Committee believes that with the
advancement of computer technology, harassment by electronic
transmissions is an all too common occurrence that ought to be
prevented.

     Testimony in support of this measure was submitted by the
Judiciary, the Department of the Attorney General, the Department
of the Prosecuting Attorney of the City and County of Honolulu,
and the Honolulu Police Department.  The Office of the Public
Defender submitted comments.

     Upon further consideration, your Committee has amended this
bill by:

     (1)  Clarifying that a hearing on the petition to enjoin
          harassment shall be held within fifteen days after the
          temporary restraining order is granted; 

     (2)  Clarifying that in the event that the service of the
          temporary restraining order has not been effected by
          the date on the hearing to enjoin, the court may set a
          new hearing date which shall not exceed ninety days
          from the date the temporary restraining order was
          granted;

     (3)  Clarifying that any order issued shall be transmitted
          to the chief of police; and

     (4)  Including an amendment to section 711-1106, Hawaii
          Revised Statutes, that deletes the word "mail" from
          "electronic mail transmissions" to allow criminal
          harassment through electronic means to be charged.

     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.
177, H.D. 1, as amended herein, and recommends that it pass
Second Reading in the form attached hereto as H.B. No. 177, H.D.
1, S.D. 1, and be placed on the calendar for Third Reading.


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



                                   ______________________________
                                   AVERY B. CHUMBLEY, Co-Chair



                                   ______________________________
                                   MATTHEW M. MATSUNAGA, Co-Chair

 
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