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. 2695 entitled:

begs leave to report as follows:

The purpose of this measure is to extend the immunity from liability for the enforcement of a valid foreign protective order to the enforcement of a foreign protective order authentic on its face.

Your Committee received testimony in support of this measure from the State Attorney General, Prosecuting Attorneys for Maui County and the City and County of Honolulu, Police Departments for Maui and Hawaii Counties and the City and County of Honolulu, and Volunteer Legal Services of Hawaii.

The timely enforcement of protective orders is critical to protecting the victims of abuse from further abuse or death. However, the timely enforcement of orders issued by other jurisdictions is rendered more difficult by the need to obtain confirmation of the order's validity from the issuing jurisdiction. Practical considerations, such as time zone differences between Hawaii and other jurisdictions, may preclude a quick confirmation, meanwhile leaving the persons seeking protection under the order vulnerable to further abuse.

This measure addresses the above problem by extending the immunity from civil liability currently provided to a law enforcement officer who enforces a valid foreign protective order to an officer who enforces a foreign protective order that is authentic on its face. Under section 586-24, Hawaii Revised Statutes, a foreign protective order is "authentic on its face" if it contains the names of both parties and remains in effect. Using this criteria, a law enforcement officer will be able to quickly determine the validity of a foreign protective order and enforce apparently authentic orders in a timely manner without fear of incurring liability.

Your Committee has amended this measure to establish a presumption of good faith enforcement where the foreign protective order has been received from a governmental agency or where the law enforcement officer, within a reasonable time, has inquired of the foreign jurisdiction as to the order's validity.

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. 2695, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2695, S.D. 1, and be placed on the calendar for Third Reading.