Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Transportation, Military Affairs, and Government Operations, to which was referred S.B. No. 2430 entitled:

begs leave to report as follows:

The purpose of this measure is to authorize the police to take statutorily specified action if the officer has reasonable grounds to believe that physical abuse or harm has been or is about to occur.

Testimony in support of this measure was received from the Honolulu Prosecuting Attorney, Maui Prosecuting Attorney, Hawaii County Prosecuting Attorney, Hawaii State Coalition Against Domestic Violence, Domestic Violence Clearinghouse and Legal Hotline, and Turning Point for Families. Testimony in opposition was received from the Office of the Public Defender.

Your Committee finds that this measure is intended to address the common situation in the offense of abuse of family or household members in which the victim refuses to talk to police on the scene for fear of further abuse or beatings by the perpetrator. Without a statement from the victim, the police cannot take action under current law which requires reasonable grounds to believe that the offense occurred. This measure amends that requirement by allowing the officer to act if the officer has reasonable grounds to believe that harm is about to be inflicted by the perpetrator.

As affirmed by the record of votes of the members of your Committee on Transportation, Military Affairs, and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2430 and recommends that it pass Second Reading and be referred to the Committee on Judiciary and Hawaiian Affairs.