STAND. COM. REP. NO.  1683

Honolulu, Hawaii

                , 2007

RE:   S.B. No. 1161

      S.D. 1

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 1161, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO DOMESTIC ABUSE,"

begs leave to report as follows:

     The purpose of this bill is to provide basic due process in Family Court protective order proceedings alleging domestic abuse by requiring that the Department of Human Services (DHS) report of the matter be provided to the parties at least two days before the hearing, if possible.

     A concerned individual testified in support of this bill.  DHS supported the intent of this bill.

     Your Committee finds that this bill involves cases where a temporary restraining order has been issued based on allegations of domestic abuse involving a minor or incapacitated person.  The bill requires that the DHS report be distributed to the parties two days before the hearing on the matter.

     Your Committee has amended this bill by:

(1)  Clarifying that the report must be provided to both the petitioner and the respondent in the case; and

(2)  Changing the effective date to July 1, 2112, to promote further discussion.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1161, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 1161, S.D. 1, H.D. 1.

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

____________________________

TOMMY WATERS, Chair