Report Title:

Temporary Restraining Orders; Appropriation

 

Description:

Requires the judiciary to establish a three-year statewide electronic temporary restraining order pilot project to allow the filing and issuance of temporary restraining orders on weekends and nights.  Makes an appropriation.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

3351

TWENTY-FOURTH LEGISLATURE, 2008

 

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to temporary restraining orders.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The judiciary shall establish a three-year statewide pilot project for the electronic filing of temporary restraining orders and the issuance of temporary restraining orders on nights and weekend, when the courts are closed.

     In establishing the pilot project, the judiciary shall examine the electronic temporary restraining order program initiated by New Jersey, known as "E-TRO".

     The judiciary shall also consider allowing electronic signatures of judges and complainants on nights and weekend and allowing complaints to appear immediately on the judiciary's website for service and enforcement.

     The police departments in each county and the prosecuting attorneys in each county shall cooperate with the judiciary to develop and implement the components of the pilot project.

     The judiciary shall submit interim reports of the pilot project to the legislature no later than twenty days prior to the convening of the regular sessions of 2009 and 2010, and a final report to the legislature no later than twenty days prior to the convening of the regular session of 2011.  The reports shall include information and recommendations about the efficacy of, and costs associated with the electronic temporary restraining order pilot project.  The final report shall also include a recommendation on whether the electronic temporary restraining order pilot project should be made permanent.

     SECTION 2.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2008-2009 for a electronic temporary restraining order pilot project to be established by the judiciary.

     The sum appropriated shall be expended by the judiciary for the purposes of this Act.

     SECTION 3.  This Act shall take effect on July 1, 2008.

 

INTRODUCED BY:

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