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. 773 entitled:

begs leave to report as follows:

The purpose of this bill is to allow the dismissal of an application to modify the terms of an existing protective order, without a hearing, if the application does not allege facts sufficient to establish a significant change in the circumstances of the parties.

Supportive testimony was submitted by the Judiciary, the Domestic Violence Clearinghouse and Legal Hotline and its attorneys, the Hawaii State Coalition Against Domestic Violence and concerned citizens. The Office of the Public Defender testified in opposition to this bill.

Your Committee believes this bill will provide relief to the parties of an existing domestic abuse protective order by relieving them from court appearances on frivolous motions. This bill will also facilitate better use of limited court time.

After careful consideration, your Committee has amended this bill by correcting terminology to reflect common Court practices and procedures, and making various technical, nonsubstantive amendments for purposes of clarity, style, and conformity.

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. 773, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 773, H.D. 1, and be placed on the calendar for Third Reading.