Helps reduce preventable domestic violence fatalities by allowing the Department of Health to conduct multi-disciplinary and multi-agency reviews of domestic violence information, with the assistance of domestic violence fatality review teams.

A BILL FOR AN ACT

SECTION 1. Chapter 321, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

§321- Definitions. As used in this part:

"Domestic violence fatality review information" means information regarding the victim, including:

(1) Social, medical, and legal histories;

(2) Death and birth certificates;

(3) Law enforcement investigative data;

(4) Medical examiner or coroner investigative data;

(5) Parole and probation information and records;

(6) Social service agency information and records;

(7) Educational records; and

(8) Health care institution information.

"Department" means the department of health.

"Director" means the director of health or the director’s

designated representative.

"Domestic violence fatality review team" means those individuals appointed by the director to participate in the review of domestic violence fatalities.

"Family" means:

(1) Each legal parent;

(2) The natural mother;

(3) The natural father;

(4) Each natural or adopted child;

(6) Each person residing in the same dwelling unit; and

"Preventable death" means a death that reasonable medical, social, legal, psychological, or educational intervention may have prevented.

"Provider of medical care" means any health care practitioner who provides, or a facility through which is provided, any medical evaluation or treatment, including dental and mental health evaluation or treatment.

"Suspect" means a person suspected of having caused the victim's death.

"Victim" means an adult whose death is suspected of having been caused by domestic violence or domestic violence related suicide.

§321- Multi-disciplinary and multi-agency reviews. The department may conduct multi-disciplinary and multi-agency reviews of domestic violence fatalities to reduce the incidences of preventable domestic violence fatalities. The director may appoint individuals to domestic violence fatality review teams to review domestic violence fatalities as needed. The review teams shall not be subject to part I of chapter 92.

§321- Access to information. (a) Notwithstanding any other law to the contrary, all medical examiners, physicians acting under the direction of a coroner, providers of medical care, state agencies, and county agencies shall, upon request, disclose all information and records regarding the circumstances of a victim's death to the department and domestic violence fatality review team to allow the department to conduct a multi-disciplinary and multi-agency review of domestic violence fatalities pursuant to this part.

(b) Each entity represented on the domestic violence fatality review team and each entity cooperating with an entity represented on the team may share with other members of the team:

(c) Any information shared by an entity with other members of a domestic violence fatality review team is subject to the same disclosure requirements imposed on the agency from which the information originated.

§321- Exception. Information regarding an ongoing civil or criminal investigation shall be disclosed at the discretion of the applicable state, county, or federal law enforcement agency.

§321- Use of domestic violence fatality review information and records. (a) Notwithstanding any other provision in this part, all information and records acquired by the department during its review of domestic violence fatalities are confidential and may only be disclosed as needed to carry out the purposes of this part.

(b) Domestic violence fatality review information and statistical compilations of data that do not contain any information identifying any individuals shall be considered public records.

(c) Individuals participating in the department's multi-disciplinary and multi-agency review of a domestic violence fatality shall not be subject to questioning in any civil or criminal proceeding regarding information presented in or opinions formed as a result of a domestic violence fatality review meeting. Nothing in this subsection shall be construed to prevent a person from testifying to:

(2) Public information; or

(d) Domestic violence fatality review information held by the department as a result of domestic violence fatality reviews conducted under this part shall not be subject to subpoena, discovery, or introduction as evidence in any civil or criminal proceeding; provided that domestic violence fatality review information otherwise available from other sources shall not be immune from subpoena, discovery, or introduction as evidence through those sources solely because they were provided as required by this part.

§321- Immunity from liability. Domestic violence fatality review teams, their members, and all entities, agencies, and individuals participating in, or cooperating in, the review of domestic violence fatalities pursuant to this part shall not be held civilly or criminally liable for providing the information required under this part."

SECTION 2. This Act shall take effect upon its approval.