Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 2689 entitled:

begs leave to report as follows:

The purpose of this measure is to give the family and circuit courts concurrent jurisdiction over cases of aggravated harassment by stalking.

Testimony in support of this measure was submitted by the Department of the Prosecuting Attorney for the City and County of Honolulu.

Your Committee finds that it is common for an offense involving domestic violence to occur with a non-domestic violence offense in the same episode. However, the Penal Code provides that an individual shall not be subject to separate trials for multiple offenses based on the same conduct or arising from the same episode.

Due to this discrepancy, your Committee believes that this measure provides the family court and the circuit court with the proper jurisdiction to assure that offenses involving aggravated harassment by stalking can be charged together with other domestic abuse crimes from the same episode. Your Committee further believes that this measure ensures that both the technical integrity of the Penal Code is preserved and the ends of justice for domestic violence offenders are maintained.

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. 2689, and recommends that it pass Second Reading and be placed on the calendar for Third Reading.