Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 1758, H.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to allow law enforcement officials to use a copy, facsimile telecommunication, or other reliable reproduction of a domestic abuse protective order in conjunction with the service of a notice process.

Your Committee received testimony in support of this measure from the Honolulu Prosecuting Attorney, Volunteer Legal Services Hawaii, Women In Need, Domestic Violence Clearinghouse and Legal Hotline, and an individual. The Public Defender expressed concerns.

This measure is intended to update current court practices by providing that a copy, facsimile telecommunication, or other reliable reproduction may be used by law enforcement officials in lieu of a hard copy, for purposes of enforcing domestic abuse protective orders. Use of electronic copies would greatly expedite the service and enforcement of protective orders, which would expedite the protection of the victim.

Your Committee has amended this measure, on the recommendation of the Honolulu Prosecuting Attorney, by changing "law enforcement official" to "law enforcement officer as defined in section 701-118" and making a conforming amendment.

Your Committee has not changed the effective date of February 30, 3025, to continue discussion on this measure in conference to clarify the specific application of an electronic copy of a domestic abuse protective order and whether it satisfies the requirement of personal service upon the respondent or service by regular mail upon the police, or both.

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 H.B. No. 1758, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1758, H.D. 1, S.D. 1, and be placed on the calendar for Third Reading.