STAND. COM. REP. NO. 653-00

                                 Honolulu, Hawaii
                                                   , 2000

                                 RE: H.B. No. 1838
                                     H.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Judiciary and Hawaiian Affairs, to which
was referred H.B. No. 1838 entitled: 

     "A BILL FOR AN ACT RELATING TO DOMESTIC ABUSE PROTECTIVE
     ORDERS,"

begs leave to report as follows:

     The purpose of this bill as received is to:

     (1)  Amend the definition of "family or household member" to
          include persons in dating relationships;

     (2)  Add the definition of "dating relationship";

     (3)  Extend the effective time of temporary restraining
          orders from 90 to 180 days; 

     (4)  Allow the courts to issue protective orders for periods
          of unlimited duration; 

     (5)  Authorize minimum five year extension periods for
          protective orders; and

     (6)  Amend the sentencing scheme for persons convicted of
          violating protective orders.

     Testimony in support of this measure was received from the
State Commission on the Status of Women, University of Hawai`i at
Manoa, Domestic Violence Clearinghouse, Hawaii Catholic

 
 
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Conference, Women Helping Women, Hawaii State Coalition Against
Domestic Violence, Hawaii Family Forum, YWCA of Kauai, and
several concerned individuals.  Testimony in opposition to this
measure was received from the State Office of the Public
Defender.  Testimony was also received from the Judiciary, City
and County of Honolulu Police Department, and City and County of
Honolulu Department of the Prosecuting Attorney. 

     Your Committee finds that persons in dating relationships
often may need the same protection as would family and household
members where the relationships become abusive.

     Your Committee has amended this bill by:

     (1)  Deleting a portion of the findings in Section 1 of the
          bill;

     (2)  Amending the definition of "dating relationship";

     (3)  Leaving intact the requirement that a petition for a
          temporary restraining order be accompanied by an
          affidavit attesting to specific facts and circumstances
          from which relief is sought;

     (4)  Clarifying the conduct which may be enjoined by a
          temporary restraining order;

     (5)  Leaving intact the ability for courts to grant mutual
          restraining orders simultaneously;

     (6)  Deleting the proposal to increase the duration of
          temporary restraining orders from 90 to 180 days;

     (7)  Deleting the proposal to increase the extensions of
          protective orders from three to five years;

     (8)  Deleting the proposal mandating uniform forms; 

     (9)  Deleting the proposal regarding refusal to accept
          service of an order;

     10)  Leaving intact the provision that the clerk of the
          court shall be the person responsible for transmission
          of orders of protection to the appropriate county
          police; and

     (11) Deleting the proposal to alter the sentencing scheme of
          Section 586-11, Hawaii Revised Statutes. 


 
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     As affirmed by the record of votes of the members of your
Committee on Judiciary and Hawaiian Affairs that is attached to
this report, your Committee is in accord with the intent and
purpose of H.B. No. 1838, as amended herein, and recommends that
it pass Second Reading in the form attached hereto as H.B. No.
1838, H.D. 1, and be placed on the calendar for Third Reading.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Judiciary &
                                   Hawaiian Affairs,



                                   ______________________________
                                   ERIC G. HAMAKAWA, Chair