CONFERENCE COMMITTEE REPORT NO. 41

                            Honolulu, Hawaii
                                            , 1999

                            RE:   S.B. No. 590
                                  S.D. 1
                                  H.D. 1
                                  C.D. 1




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

Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Conference on the disagreeing vote of the
Senate to the amendments proposed by the House of Representatives
in S.B. No. 590, S.D. 1, H.D. 1, entitled:  

     "A BILL FOR AN ACT RELATING TO RESTRAINING AND PROTECTIVE
     ORDERS," 

having met, and after full and free discussion, has agreed to
recommend and does recommend to the respective Houses the final
passage of this bill in an amended form.

     The purpose of this bill is to provide uniformity among and
consistency between the penalty provisions for violations of
domestic abuse protective orders.

     Your Committee on Conference finds that the penalties for
violating temporary restraining orders and protective orders must
be standardized to assure adequate and appropriate consequences
for those who choose to ignore a court order designed to prevent
further harassment, threats, and violence.

     Therefore, your Committee has amended this measure by:

 
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     (1)  Adding that a violation of a temporary restraining
          order must be a knowing or intentional violation within
          section 586-4, Hawaii Revised Statutes (HRS), in order
          to be consistent with all other orders granted pursuant
          to chapter 586, HRS; 

     (2)  Conforming sections 586-11 and 580-10, HRS, by
          including similar language presently contained in
          section 586-4, HRS, relating to mandatory fines and
          sentencing;

     (3)  Making a conforming amendment to section 601-3.6, HRS,
          relating to the spouse and child abuse special account
          by including reference to sections 586-11 and 580-10,
          HRS; and

     (4)  Making technical, non-substantive changes for the
          purposes of clarity and style.

     Your Committee on Conference is in accord with the intent
and purpose of S.B. No. 590, S.D. 1, H.D. 1, as amended herein,
and recommends that it pass Final Reading in the form attached
hereto as S.B. No. 590, S.D. 1, H.D. 1, C.D. 1.

                                   Respectfully submitted,

MANAGERS ON THE PART OF THE        MANAGERS ON THE PART OF THE
            HOUSE                             SENATE
                                   
                                   
                                   
______________________________     ______________________________
PAUL T. OSHIRO, Co-Chair           AVERY B. CHUMBLEY, Co-Chair
                                   
                                   
                                   
______________________________     ______________________________
SYLVIA J. LUKE, Co-Chair           MATTHEW M. MATSUNAGA, Co-Chair
                                   
                                   
                                   
______________________________     ______________________________
ERIC G. HAMAKAWA, Member           LES IHARA, JR., Member
                                   
                                   
                                   
______________________________     ______________________________
SOL P. KAHO`OHALAHALA, Member      WHITNEY ANDERSON, Member

 
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______________________________
MARILYN B. LEE, Member



______________________________
EMILY J. AUWAE, Member


 
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