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. 65 entitled:

begs leave to report as follows:

The purpose of this measure is to exempt the offense of assault in the third degree involving a family or household member from the procedures of a deferred acceptance of guilty (DAG) or nolo contendere (DANC) plea.

Your Committee received testimony in support of this measure from the Honolulu Prosecuting Attorney, Hawai'i State Coalition Against Domestic Violence, Battered/Formerly Battered Women's Caucus-Hawaii c/o Hawaii 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 LIFE Lessons in Firearms Education, Hawaii Rifle Association, Hawaii Citizens Rights PAC, and the Public Defender.

Your Committee finds that the DAG and DANC procedures, which defer prosecution and lead to a discharge of the defendant and dismissal of charges, were intended to help perpetrators of certain crimes deemed appropriate by the legislature. Your Committee believes that assault against a family member should not be subject to DAG and DANC procedures. Assault in the third degree is perhaps the most common type of assault in a domestic violence case, needing only physical pain by the victim to constitute the offense. This could occur with a mere slap in the face. However, this kind of conduct in a domestic violence case is often a harbinger of later more serious bodily harm or a pattern of behavior by the perpetrator. By passing this measure your Committee desires to send a message to domestic violence perpetrators that their conduct will not be tolerated, dismissed, or treated as never happening.

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. 65 and recommends that it pass Second Reading and be placed on the calendar for Third Reading.