STAND. COM. REP. NO. 1294-00

                                 Honolulu, Hawaii
                                                   , 2000

                                 RE: S.B. No. 2154
                                     S.D. 1
                                     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 S.B. No. 2154, S.D. 1, entitled: 

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

begs leave to report as follows:

     The purpose of this bill as received is to amend Chapter
586, Hawaii Revised Statutes, as follows:

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

     (2)  Define "dating relationship";

     (3)  Require courts to make written findings of its
          determination of the existence of a dating
          relationship;

     (4)  Amend the types of conduct to be restrained by
          temporary restraining orders;

     (5)  Amend provisions regarding extensions of protective
          orders, form and service of protective orders,
          reporting to, and reports by, the Department of Human
          Services, and penalties for violations of protective
          orders; and


 
 
                                 STAND. COM. REP. NO. 1294-00
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     (6)  Create provisions regarding foreign protective orders.

     Testimony in support of this measure was received from the
Commission on the Status of Women, the County of Maui Department
of the Prosecuting Attorney, the Hawaii State Coalition Against
Domestic Violence, Child and Family Service, the YWCA of Kauai,
and several individuals.  Testimony commenting on the measure was
received from the Office of the Public Defender, the Judiciary,
the City and County of Honolulu Police department and the City
and County of Honolulu Department of the Prosecuting Attorney.

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

     Your Committee has amended this measure by deleting all its
provisions and inserting the contents of H.B. 1838, H.D. 1,
providing for the following:

     (1)  A definition of "dating relationship";

     (2)  Factors to be considered by a court in its
          determination as to whether a dating relationship
          exists;

     (3)  Amendment of the definition of "family or household
          member" to include persons who have or have had a
          dating relationship;

     (4)  Amendment of the types of conduct which may be enjoined
          by a restraining order; and 

     (5)  Addition of incapacitated persons to the list of those
          for whom reporting of their involvement in domestic
          abuse cases to the Department of Human Services are
          required, and for whom reports by the Department of
          Human Services to the family court must be made.

     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 S.B. No. 2154, S.D. 1, as amended herein, and
recommends that it pass Second Reading in the form attached
hereto as S.B. No. 2154, S.D. 1, H.D. 1, and be placed on the
calendar for Third Reading.


 
 
 
                                 STAND. COM. REP. NO. 1294-00
                                 Page 3

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



                                   ______________________________
                                   ERIC G. HAMAKAWA, Chair