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 S.B. No. 67, S.D. 1, entitled:

begs leave to report as follows:

The purpose of this bill is to authorize dismissal without hearing of certain applications to modify terms of existing protective orders.

Your Committee received testimony in favor of the measure from the Judiciary and the Domestic Violence Clearinghouse. Your Committee received testimony in opposition to the measure from the Office of the Public Defender.

Your Committee finds that frivolous motions to dismiss or modify terms of an existing order for protection are bothersome to the party compelled to make court appearances in response to these motions. This measure will reduce patently frivolous motions making better use of court time.

Your Committee has amended this bill by requiring allegations of a material rather than a significant change in circumstances for a hearing on a motion to dismiss or to modify the terms of an order of protection.

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 S.B. No. 67, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 67, S.D. 1, H.D. 1, and be placed on the calendar for Third Reading.