HOUSE OF REPRESENTATIVES

H.B. NO.

772

TWENTY-SIXTH LEGISLATURE, 2011

H.D. 2

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO DOMESTIC VIOLENCE.

 

 

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

 

     SECTION 1.  The State continues to be plagued by incidents of domestic violence.  Because of the unique nature of this crime and the far-reaching effects on domestic violence victims, it would be helpful to establish a dedicated court meant to address domestic violence cases.

     The legislature finds that other states have experienced success with domestic violence courts, which have been shown to result in swift, certain, and consistent responses to domestic violence, as well as victim safety and improved access to court case information, social services, housing, and counseling.

     The purpose of this Act is to establish a domestic violence court pilot program for three years.

     SECTION 2.  Chapter 571, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§571-    Domestic violence court pilot program.  (a)  There is established a three-year domestic violence court pilot program within the family court, under which a domestic violence court shall be established with exclusive original jurisdiction:

     (1)  To try any offense committed against a child by the child's parent or guardian or by any other person having the child's legal or physical custody, and any violation of section 709-906;

     (2)  To try any adult charged with:

          (A)  An offense, other than a felony, against the person of the defendant's husband or wife; or

          (B)  Any violation of an order issued pursuant to chapter 586; and

     (3)  In all proceedings under chapter 586.

     (b)  The judge of the domestic violence court shall be one of the existing family court judges in the first circuit court, to be selected by the chief justice and the senior judge of the family court.  The activities of the domestic violence court shall be supported by related case-management and auxiliary and support services, treatment, and intensive supervision mechanisms.

     (c)  The judge of the domestic violence court shall:

     (1)  Be a dedicated judge for the domestic violence court;

     (2)  Preside over each case from arraignment through disposition; and

     (3)  Monitor offenders and their compliance with orders of protection granted under chapter 586.

     (d)  The domestic violence court shall be supported by:

     (1)  A resource coordinator who is a licensed social worker in the State and whose duties shall include:

          (A)  Preparing offender and victim information for the judge of the domestic violence court;

          (B)  Working with relevant agencies and persons, including the department of human services, law enforcement, defense counsel, and prosecutors, to coordinate information and ensure prompt reporting; and

          (C)  Screening and referring offenders to court-mandated programs; and

     (2)  An on-site victim advocate who shall be a licensed social worker in the State and whose duties shall include:

          (A)  Serving as a primary contact to victims throughout the court proceedings;

          (B)  Coordinating social services for victims with established service organizations that will assist with housing, counseling, and the creation of safety plans for victims; and

          (C)  Providing victims with information about criminal proceedings and special conditions within their orders of protection.

     (e)  The domestic violence court shall have broad authority to:

     (1)  Require domestic violence offenders to attend rehabilitation, education, vocation, medical, mental-health, and substance abuse treatment programs; and

     (2)  Monitor for at least one year:

          (A)  The execution of the treatment plan of the domestic violence offender; and

          (B)  The domestic violence offender's compliance with the requirements of the treatment plan, including regular appearances before the domestic violence court to report on the domestic violence offender's progress.

     (f)  The judiciary shall submit an annual report on the domestic violence court pilot program with findings and recommendations to the legislature no later than twenty days prior to the convening of the 2012, 2013, and 2014 regular sessions."

     SECTION 3.  Section 571-14, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Except as provided in sections 603-21.5 and 604-8, the court shall have exclusive original jurisdiction:

     (1)  To try any [offense committed against a child by the child's parent or guardian or by any other person having the child's legal or physical custody, and any] violation of section 707-726, 707-727, 709-902, 709-903, 709-903.5, 709-904, 709-905, [709-906,] or 302A-1135, whether or not included in other provisions of this paragraph or paragraph (2);

     (2)  To try any adult charged with:

         (A)  Deserting, abandoning, or failing to provide support for any person in violation of law; or

        [(B)  An offense, other than a felony, against the person of the defendant's husband or wife;

         (C)  Any violation of an order issued pursuant to chapter 586; or

         (D)] (B)  Any violation of an order issued by a family court judge.

     In any case within paragraph (1) or (2), the court, in its discretion, may waive its jurisdiction over the offense charged;

     (3)  In all proceedings under chapter 580, and in all proceedings under chapter 584;

     (4)  In proceedings under chapter 575, the Uniform Desertion and Nonsupport Act, and under chapter 576B, the Uniform Interstate Family Support Act;

     (5)  For commitment of an adult alleged to be mentally defective or mentally ill;

     (6)  In all proceedings for support between parent and child or between husband and wife;

     (7)  In all proceedings for pre-trial detention or waiver of jurisdiction over an adult who was a child at the time of an alleged criminal act as provided in section 571-13 or 571-22; and

    [(8)  In all proceedings under chapter 586, Domestic Abuse Protective Orders; and

     (9)] (8)  For the protection of vulnerable adults under chapter 346, part X.

     In any case within paragraph (3), (4), or (6), the attorney general, through the child support enforcement agency, may exercise concurrent jurisdiction as provided in chapter 576E."

     SECTION 4.  Chapter 586, Hawaii Revised Statutes, is amended by replacing all references to "family court" or like reference with "domestic violence court" or like reference, as the context requires.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 2050; provided that this Act shall be repealed on July 1, 2014, and upon such repeal:

     (1)  Section 571-14(a), Hawaii Revised Statutes, shall be reenacted in the form in which it read on the day before the effective date of this Act; and

     (2)  All references to "family court", or like reference, that were replaced with "domestic violence court", or like reference, under section 4 of this Act, shall revert to "family court", or like reference, as the context requires.

 

Report Title:

Domestic Violence Court Pilot Program

 

Description:

Establishes a three year Domestic Violence Court Pilot Program with exclusive original jurisdiction over cases involving domestic violence.  Effective July 1, 2050.  (HB772 HD2)

 

 

 

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