Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 498 entitled:

begs leave to report as follows:

The purpose of the bill is to provide victims of domestic violence with the right to be notified by the defendant's probation officer when:

Your Committee received testimony in favor of the measure from the Judiciary, The Hawaii Catholic Conference and a concerned individual. The Domestic Violence Clearinghouse and the Hawaii State Coalition Against Domestic Violence testified in support of the intent of the bill. The Department of the Prosecuting Attorney for the City and County of Honolulu testified against the measure. The Office of the Public Defender provided comments.

Your Committee finds that probation officers should have the discretion to disclose requested information that relates to the safety and welfare of the victim. Your Committee further finds that such disclosures should also be protected from civil and criminal liability when given in the exercise of the probation officer's discretion.

Your Committee has amended the bill by:

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. 498, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 498, H.D. 1, and be placed on the calendar for Third Reading.