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 S.B. No. 2126 entitled:

begs leave to report as follows:

The purpose of this measure is to clarify the sentencing provisions for the second, third, and subsequent offenses of abuse of a family or household member.

Testimony in support of this measure was received from the Attorney General, Honolulu Prosecuting Attorney, Honolulu Police Department, and Hawaii State Coalition Against Domestic Violence.

This measure is intended to remedy a constitutionally defective statute. In State v. Modica, the Hawaii Supreme Court held that section 709-906, Hawaii Revised Statutes, providing for both a misdemeanor and a felony offense (a felony for subsequent offenses) for abuse of a family or household member, violated the defendant's rights if the defendant was previously convicted of a misdemeanor offense and later is charged with a felony offense for subsequent offenses. This measure remedies that defect.

Your Committee has amended the purpose section of the measure by deleting language referencing the constitution.

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. 2126, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2126, S.D. 1, and be placed on the calendar for Third Reading.