STAND

STAND. COM. REP. NO.1030

Honolulu, Hawaii

, 2003

RE: H.B. No. 1116

H.D. 1

S.D. 1

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 1116, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO COURTS,"

begs leave to report as follows:

The purpose of this measure is to exempt domestic abuse victims from paying court costs and fees for the filing, issuance, registration, or service of a protection order or a petition for a protection order, warrant, or witness subpoena.

Your Committee received testimony in support of this measure from the Department of the Attorney General, the Department of the Prosecuting Attorney, the Hawaii State Coalition Against Domestic Violence, the Domestic Violence Clearing House and Legal Hotline, and a concerned citizen.

Your Committee finds that the federal Violence Against Women Act (VAWA) provides for exempting domestic violence victims from paying court costs and fees associated with the filing, issuance, registration, or service of an order of protection or a petition for an order of protection or temporary restraining order. Federal grants are provided to states that comply with the Act.

Your Committee further finds that although Hawaii receives $1.2 million in VAWA grant money, current laws do not provide domestic abuse victims with protective order cost and fee exemptions. The Judiciary's practice has been to waive these costs and fees for domestic abuse victims. This practice qualified Hawaii for grant money under the 2000 VAWA requirements. In May 2002, the Department of Justice issued Justice Program guidelines that now require states to statutorily exempt domestic abuse victims from paying court costs and fees related to protective orders.

Based on testimony received from the Department of the Attorney General and the Department of the Prosecuting Attorney, your Committee amended the bill by:

(1) Replacing the phrase "persons subjected to abuse by a household member" with "victims of domestic violence" on lines 4 and 5;

(2) Replacing the term "protective order" with "protection order" on line 14;

(3) Replacing the phrase "abuse of a household member" with "domestic violence" on line 17;

(4) Deleting the words "including any temporary or final order issued by a civil or criminal court, other than a support or custody order" on line 12; and

(5) Rewording the definition of "protection order" to specify "temporary or final" orders of protection, and replacing references to chapter 586 and section 604-10.5, with the phrase "issued by a civil or criminal court, other than a support or custody order."

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 H.B. No. 1116, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1116, H.D. 1, S.D. 1, and be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,

		____________________________ COLLEEN HANABUSA, Chair