STAND. COM. REP. NO. 256

Honolulu, Hawaii

RE:    S.B. No. 288

       S.D. 1

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Sir:

     Your Committee on Human Services, to which was referred S.B. No. 288 entitled:

"A BILL FOR AN ACT RELATING TO FAMILY COURTS,"

begs leave to report as follows:

     The purpose and intent of this measure is to require a court to allow an alleged victim to be listed as "Jane Doe" or "John Doe" within court filings in cases of alleged domestic abuse where the alleged victim has already received an order of protection, temporary restraining order, or protective order against the accused party to the petition or complaint if the court deems it necessary to protect the privacy of the alleged victim and to permit courts to seal court records associated with the "Jane Doe" or "John Doe" filing under certain circumstances.

     Your Committee received testimony in support of this measure from the Domestic Violence Action Center, the Hawaii State Coalition Against Domestic Violence, and two individuals.  Your Committee received testimony in opposition to this measure from the Family Law Section of the Hawaii State Bar Association, the American Civil Liberties Union of Hawai‘i, and Hawaii Fathers-4-Justice.  Your Committee received comments on this measure from the State of Hawaii Judiciary and one individual.

     Your Committee finds that certain victims of domestic violence should have their identities concealed when filing petitions, complaints, or motions against an alleged abuser in order to protect themselves and their privacy.  This measure allows these victims, upon petition to a court, to have their identities concealed for their personal privacy and safety.

     Your Committee has amended this measure by inserting an effective date of July 1, 2050, to allow for further discussion.

     As affirmed by the record of votes of the members of your Committee on Human Services that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 288, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 288, S.D. 1, and be referred to the Committee on Judiciary and Labor.

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

____________________________

SUZANNE CHUN OAKLAND, Chair