STAND

STAND. COM. REP. NO. 970

Honolulu, Hawaii

, 2005

RE: H.B. No. 1378

H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Finance, to which was referred H.B. No. 1378, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE JUDICIARY,"

begs leave to report as follows:

The purpose of this bill is to improve family court proceedings by amending the temporary restraining order (TRO) and protective order process. Among other things, this bill:

(1) Allows a judge considering a petition for a TRO discretion to meet in camera with the prospective petitioner prior to issuing the order to properly evaluate the merits of the petitioner's allegations;

(2) Requires that a judge make findings of fact before granting a TRO;

(3) Allows supervised visitation, even after the issuance of a TRO, if the petitioner and respondent have children, if the children are not named in the TRO petition, and supervised visitation is in the best interests of the children;

(4) Requires disclosure of any divorce, separation, annulment, separate maintenance, or other proceeding involving child custody that is pending between the parties when filing a petition for a TRO or protective order petition; and

(5) Requires that any finding of fact related to a petition for a TRO or protective order not bind any other family court proceedings in which the court determines the petition for a TRO was filed to gain an advantage in the family court proceeding.

The Office of the Public Defender and numerous concerned individuals testified in support of this bill. The Department of the Prosecuting Attorney of the City and County of Honolulu, Hawaii State Coalition Against Domestic Violence, and a concerned individual testified in opposition to this measure. The Domestic Violence Clearinghouse and Legal Hotline submitted comments.

As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1378, H.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Finance,

		____________________________ DWIGHT TAKAMINE, Chair