STAND. COM. REP. NO. 1208_______

                                 Honolulu, Hawaii
                                                   , 1999

                                 RE: S.B. No. 599
                                     S.D. 1
                                     H.D. 1




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

Sir:

     Your Committee on Human Services and Housing, to which was
referred S.B. No. 599, S.D. 1, entitled: 

     "A BILL FOR AN ACT RELATING TO DOMESTIC VIOLENCE,"

begs leave to report as follows:

     The purpose of this bill is to expand the scope of the
definition of "family and household member" for purposes of
domestic abuse protective orders to include persons involved in a
dating relationship.

     The Department of Health, the Department of the Prosecuting
Attorney for the City and County of Honolulu, Hawaii Lawyers
Care, Hawaii Women Lawyers, Child and Family Service, the Hawaii
State Coalition Against Domestic Violence, the Domestic Violence
Clearinghouse and Legal Hotline, and one individual testified in
support of the measure.  The Hawaii State Commission on the
Status of Women supported the measure with amendments.  The
Judiciary commented on the measure.  The City and County of
Honolulu Police Department and the Office of the Public Defender
opposed the measure.

     Your Committee finds that currently abusers who have a
domestic relationship with their victims but do not or have never
resided with them escape prosecution and penalties under domestic
violence abuse laws.  Your Committee further finds that at least
21 states plus the District of Columbia provide some protection
in their family violence codes for persons who were abused by

 
 
                                 STAND. COM. REP. NO. 1208_______
                                 Page 2

 
individuals they have dated.  Many of these states have indicated
that including persons involved in a dating relationship within
the scope of their family violence codes has resulted in stronger
and more effective domestic violence laws.  Your Committee finds
that the experience of these jurisdictions suggests that the
benefits of the expansion of the law to include these
relationships are great and that the fear of enforcement
difficulties is unfounded.

     Your Committee has amended this bill by deleting its
substance and inserting the substance of H.B. No. 588, H.D. 1,
and H.B. No. 3293, H.D. 1, thereby:

     (1)  Including persons with a dating relationship in the
          definition of "family or household member" for purposes
          of domestic abuse protective orders and penalties; and

     (2)  Creating an enhanced penalty classification for certain
          repeat offenses against a family or household member.

     As affirmed by the record of votes of the members of your
Committee on Human Services and Housing that is attached to this
report, your Committee is in accord with the intent and purpose
of S.B. No. 599, S.D. 1, as amended herein, and recommends that
it pass Second Reading in the form attached hereto as S.B. No.
599, S.D. 1, H.D. 1, and be referred to the Committee on
Judiciary and Hawaiian Affairs.

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



                                   ______________________________
                                   DENNIS A. ARAKAKI, Chair