CONFERENCE COMMITTEE REP. NO.183
Honolulu, Hawaii
, 2005
RE: H.B. No. 1378
H.D. 1
S.D. 2
C.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Third State Legislature
Regular Session of 2005
State of Hawaii
Honorable Robert Bunda
President of the Senate
Twenty-Third State Legislature
Regular Session of 2005
State of Hawaii
Sir:
Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 1378, H.D. 1, S.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO THE JUDICIARY,"
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 improve the laws governing the issuance of temporary restraining orders (TROs) and protective orders in family court proceedings.
Among other things, this measure:
(1) Mandates the disclosure of a pending divorce, separation, annulment, maintenance, or any other family court proceeding on a petition for a TRO or protective order;
(2) Provides that prior to granting a TRO, if the family court judge deems it appropriate, the judge may meet in camera with the petitioner to determine the merit of the petitioner's allegations;
(3) Permits a court to allow supervised visitation of children shared by the petitioner and respondent even after a TRO petition has been granted, provided that the children are not named in the TRO petition and visitation is in the children's best interests; and
(4) Mandates that the rendering court forward all subsequent decrees relating to the divorce or child custody proceeding to the court having jurisdiction over the petition for a protective order.
Your Committee on Conference has amended this bill by:
(1) Deleting the terms "domestic" and "physical" that limit the types of abuse that could justify the issuance of a TRO;
(2) Deleting the provision that stipulated that prior to granting a TRO, if the family court judge deems it appropriate, the judge may meet in camera with the petitioner to determine the merit of the petitioner's allegations;
(3) Eliminating the requirement to disclose any impending divorce, separation, annulment, separate maintenance, or any other proceeding involving the custody of a minor child pending between the parties, as well as any prior restraining order issued;
(4) Removing the provision that allowed supervised visits between a petitioner and respondent who have a child or children who are not named in a TRO;
(5) Removing the provision that mandated that the rendering court forward all subsequent decrees relating to the divorce or child custody proceeding to the court having jurisdiction over the petition for a TRO;
(6) Inserting permissive language to allow courts discretion in applying TROs to other proceedings;
(7) Changing the effective date to upon approval; and
(8) Making technical, nonsubstantive amendments for clarity, consistency, and style.
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 H.B. No. 1378, H.D. 1, S.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 1378, H.D. 1, S.D. 2, C.D. 1.
Respectfully submitted on behalf of the managers:
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ON THE PART OF THE SENATE |
ON THE PART OF THE HOUSE |
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____________________________ COLLEEN HANABUSA, Chair |
____________________________ BLAKE K. OSHIRO, Co-Chair |
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____________________________ BRIAN T. TANIGUCHI, Co-Chair |
____________________________ SCOTT NISHIMOTO, Co-Chair |
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