CONFERENCE COMMITTEE REP. 54
Honolulu, Hawaii
, 2003
RE: S.B. No. 933
S.D. 1
H.D. 1
C.D. 1
Honorable Robert Bunda
President of the Senate
Twenty-Second State Legislature
Regular Session of 2003
State of Hawaii
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Second State Legislature
Regular Session of 2003
State of Hawaii
Sir:
Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 933, S.D. 1, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO STALKING,"
having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.
The purpose of this bill is to amend the stalking laws by:
(1) Amending §711-1106.5, Hawaii Revised Statutes (HRS), by requiring the defendant to engage in a course of conduct involving pursuit, surveillance, or non-consensual contact on more than one occasion without legitimate purpose;
(2) Defining "non-consensual contact" as any contact that occurs without the individual's consent or in disregard of that person's express desire that the contact be avoided or discontinued, and includes direct personal oral contact, and contact via telephone, facsimile, or electronic mail transmission;
(3) Amending §711-1106.4, HRS, by deleting paragraphs (1)(a) and (b), and the requirement that the defendant have been convicted previously of harassment by stalking involving the same person, and inserting that the defendant have been convicted previously of harassment by stalking within five years of the instant offense.
Your Committee amended the bill by inserting the words "visual or" on page 3, line 3. This amendment is intended to punish stalkers who intimidate their victims by appearing in places where they know their victim will be. This amendment is not intended to include situations where it was not the defendant's intent to be seen by the victim.
As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 933, S.D. 1, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 933, S.D. 1, H.D. 1, C.D. 1.
Respectfully submitted on behalf of the managers:
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ON THE PART OF THE HOUSE |
ON THE PART OF THE SENATE |
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____________________________ ERIC G. HAMAKAWA, Chair |
____________________________ COLLEEN HANABUSA, Chair |
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