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 S.B. No. 64, S.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to establish interference with the reporting of an emergency or crime as a petty misdemeanor.

Your Committee received testimony in support of this measure from the Honolulu Prosecuting Attorney, Hawai'i State Coalition Against Domestic Violence, Domestic Violence Clearinghouse and Legal Hotline, Catholic Charities, YWCA of Kauai, and five private citizens. Testimony in opposition was received from the Public Defender.

Your Committee finds that the typical situation addressed by this measure is a domestic violence incident where the perpetrator prevents the victim from calling for help to the police or 911 emergency for assistance. Current law does not cover this situation. The intent of this measure is to preclude perpetrators from preventing their victims from seeking aid.

According to testimony, in an estimated fifty per cent of domestic violence cases, victim histories often include incidents where a phone has been ripped out of the wall or they have otherwise been physically prevented from calling 911 or other sources of help.

Your Committee has amended this measure on recommendation of the Honolulu Prosecuting Attorney to clarify that the crime:

(4) Is a misdemeanor.

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 S.B. No. 64, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 64, S.D. 1, and be placed on the calendar for Third Reading.