STAND. COM. REP. NO. 2441
Honolulu, Hawaii
, 2002
RE: S.B. No. 2529
S.D. 1
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. 2529 entitled:
"A BILL FOR AN ACT RELATING TO STALKINg,"
begs leave to report as follows:
The purpose of this measure is to clarify the offense of harassment by stalking and to provide for five years of probation for the offense.
Testimony in support of this measure was received from the Hawaii State Coalition Against Domestic Violence and Domestic Violence Clearinghouse and Hotline. Testimony in opposition was received from the Public Defender and Honolulu Police Department (HPD). The Judiciary and Honolulu Prosecuting Attorney submitted comments.
This measure would add elements to the offense of harassment by stalking to include engaging in a wilful course of conduct involving repeated or continuous pursuit, surveillance, or unconsented contact, so that the victim feels terrorized, frightened, intimidated, threatened, harassed, or molested.
Your Committee appreciates and agrees with the efforts to strengthen the stalking laws, particularly in view of the repetitive nature of the offense involving the same perpetrator and victim. However, your Committee agrees with the testimony of the Honolulu Prosecuting Attorney and the Public Defender that adding elements, particularly state of mind elements of the offense, makes it difficult to prosecute a case.
Your Committee has amended this measure on the recommendation of the Honolulu Prosecuting Attorney, as follows:
(1) Adding an amendment to section 706-623, Hawaii Revised Statutes (HRS), relating to terms of probation, to allow the court to sentence a violator of harassment by stalking to five years probation;
(2) Adding an amendment to section 711-1106.4, HRS, relating to aggravated harassment by stalking, to delete reference to violation of court orders and to stalking the same person previously; and
(3) Revising the amendment to section 711-1106.5, HRS, relating to harassment by stalking, to:
(A) Remove the wilful state of mind and retain the reckless disregard conduct;
(B) Delete the reasonable person standard; and
(C) Define "non-consensual contact".
According to the Honolulu Prosecuting Attorney, the changes to the stalking laws are necessary to make the laws more effective and easier to prosecute. The result will be better prosecutions, more convictions, and greater deterrence.
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. 2529, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2529, S.D. 1, and be placed on the calendar for Third Reading.
Respectfully submitted on behalf of the members of the Committee on Judiciary,
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____________________________ BRIAN KANNO, Chair |
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