Report Title:

Domestic Violence

Description:

Provides victims of domestic violence with the right to be notified by the defendant's probation officer when the probation officer has any information that relates to the safety and welfare of the victim. Provides the probation officer with immunity regarding such disclosure. (HB498 CD1)

 

HOUSE OF REPRESENTATIVES

H.B. NO.

498

TWENTY-FIRST LEGISLATURE, 2001

H.D. 1

STATE OF HAWAII

S.D. 1


C.D. 1

A BILL FOR AN ACT

 

RELATING TO DOMESTIC VIOLENCE.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 806-73, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) A probation officer shall investigate any case referred to the probation officer for investigation by the court in which the probation officer is serving and report thereon to the court. The probation officer shall instruct each defendant placed on probation under the probation officer's supervision of the terms and conditions of the defendant's probation. The probation officer shall keep informed concerning the conduct and condition of the defendant and report thereon to the court, and shall use all suitable methods to aid the defendant and bring about an improvement in the defendant's conduct and condition. The probation officer shall keep these records and perform other duties as the court may direct. Upon written request, the victim, or the parent or guardian of a minor victim or incapacitated victim, of a defendant who has been placed on probation for an offense under sections 580-10(d)(1), 586-4(d), 586-11(a), or 709-906, may be notified by the defendant's probation officer when the probation officer has any information relating to the safety and welfare of the victim. No probation officer shall be subject to civil liability or criminal culpability for any disclosure or non-disclosure, under this section, if the probation officer acts in good faith and upon reasonable belief."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.