STAND. COM. REP. NO.  1085-08

Honolulu, Hawaii

                , 2008

RE:   S.B. No. 1343

      S.D. 1

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Sir:

     Your Committee on Human Services & Housing, to which was referred S.B. No. 1343, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE PENAL CODE,"

begs leave to report as follows:

     The purpose of this bill is to further protect victims of domestic violence by including conduct by individuals in violation of restraining orders and protective orders as offenses of terroristic threatening in the first degree and assault in the second degree.

     The Department of the Attorney General, Honolulu Police Department, Maui County Police Department, Hawaii County Police Department, Domestic Violence Action Center, Hawaii State Coalition Against Domestic Violence, Oahu VOICES, and a concerned individual testified in support of this bill.  The City and County of Honolulu Department of the Prosecuting Attorney supported this measure with amendments.  A concerned individual provided comments.

     While domestic violence is often committed against women, men can also be victims of domestic violence.  Your Committee emphasizes that this measure applies to all victims of domestic violence, irrespective of the victim's gender.

     Your Committee has amended this bill by:

     (1)  Conforming its provisions to the current statute; and

     (2)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Human Services & Housing that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1343, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1343, S.D. 1, H.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Human Services & Housing,

____________________________

MAILE SHIMABUKURO, Chair