Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 152, H.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to extend the sunset date and to make clarifying amendments to the expedited sentencing program of the family court.

Your Committee received testimony in support of this measure from the Judiciary, Attorney General, Prosecuting Attorney, Hawaii Prosecuting Attorney, Hawaii Corporation Counsel, Hawaii Government Employees Association, Hawaii State Foster Parents Association, Catholic Charities, and a private citizen. Testimony in opposition was received from the Public Defender.

Act 316, Session Laws of Hawaii (SLH) 1993, established the expedited sentencing program as a pilot project to be repealed on June 30, 1995. The sunset date was extended by Act 157, SLH 1995, to June 30, 2001. This measure extends the sunset date to June 30, 2006.

The expedited sentencing program applies in cases of intra-family sexual assault involving a felony sexual assault or incest. The purpose of the program is to expeditiously remove the offender from the family home, thereby allowing the child to remain in the home. Testimony of the Judiciary and others in support of this measure indicated that the program has been effective and beneficial to the families concerned.

Your Committee has amended this measure by:

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 152, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 152, H.D. 1, S.D. 1, and be referred to the Committee on Ways and Means.