HOUSE OF REPRESENTATIVES

THE TWENTY-SIXTH LEGISLATURE

REGULAR SESSION OF 2011

 

COMMITTEE ON JUDICIARY

Rep. Gilbert S.C. Keith-Agaran, Chair

Rep. Karl Rhoads, Vice Chair

 

Rep. Tom Brower

Rep. Blake K. Oshiro

Rep. Rida T.R. Cabanilla

Rep. Joseph M. Souki

Rep. Mele Carroll

Rep. Clift Tsuji

Rep. Robert N. Herkes

Rep. George R. Fontaine

Rep. Ken Ito

Rep. Barbara C. Marumoto

Rep. Sylvia Luke

Rep. Cynthia Thielen

Rep. Angus L.K. McKelvey

 

 

NOTICE OF HEARING

 

DATE:

Tuesday, March 29, 2011

TIME:

3:30 PM

PLACE:

Conference Room 325

State Capitol

415 South Beretania Street

 

A G E N D A

 

Copies of the PROPOSED DRAFTS are available in room 302 and on the Legislature's website: http://www.capitol.hawaii.gov

 

 

SB 946, SD1

(SSCR622)

Status

RELATING TO THE JUDICIARY.

PROPOSED HD1: Permits a court to allow a petition, complaint, motion, or other document to be filed by the plaintiff identifying the parties as "jane doe" or "john doe"; permits a court to use a multi-factor balancing test when determining if an anonymous filing is appropriate.  Permits a court to allow a petitioner to be listed as "jane doe" or "john doe" within court filings when petitioning for a temporary restraining order or an injunction from further harassment; provided that the court determines it would be necessary to protect the privacy of the petitioner.  Also permits courts to seal court records associated with the "jane doe" or "john doe" filing under certain circumstances.  Effective 1/7/2059.  (SB946 SD1 HD1 Proposed)

 

 

JUD

SB 217, SD2, HD1

(HSCR1083)

Status

RELATING TO LIMITATION OF ACTIONS.

Extends the statute of limitations for civil actions brought by persons subjected to sexual offenses as a minor against the person who committed the act.  Revives for a two-year period certain actions for which the statute of limitations had previously lapsed.  Authorizes suits against the abuser's employer under limited circumstances.  Authorizes a court to award attorney's fees to a defendant when a false accusation was made with no basis in fact and with malicious intent.  Effective July 1, 2050.  (SB217 HD1)

 

HUS, JUD

SB 815, SD1

(HSCR1051)

Status

RELATING TO ASSET FORFEITURE.

Requires the forfeiture of any equipment, article, instrument, aircraft, vehicle, vessel, business record, or natural resource used or taken in violation of the laws or rules applicable to the Kahoolawe Island Reserve.  Effective 7/1/2050.  (SD1)

 

HAW, JUD

SB 1025, SD1

(HSCR1085)

Status

RELATING TO THE PENAL CODE.

PROPOSED HD1: Expands the offenses of assault against a law enforcement officer in the first and second degree to include assaults against firefighters and water safety officers.  Creates a class B felony for unauthorized entry in a dwelling based on occupant's age and incapacity. Establishes class A and B felony labor trafficking offenses, a nonpayment of wages offense, and an unlawful conduct with respect to documents offense.  Establishes provisions related to prosecution of the offenses.   Effective 1/7/2059.  (SB1025 SD1 HD1 Proposed)

 

PBM, JUD

SB 1067, SD1, HD1

(HSCR1089)

Status

RELATING TO PROBATION.

Clarifies the permissible divulging of adult probation records by probation officers to treatment service providers.  Effective July 1, 2050.  (SB1067 HD1)

 

PBM, JUD

SB 1301, SD1

(HSCR1012)

Status

RELATING TO FAIR HOUSING EXEMPTIONS.

Makes exemptions from state fair housing laws consistent with similar exemptions found in the federal Fair Housing Act and makes protected groups consistent throughout Chapter 515, Hawaii Revised Statutes.  (SD1)

 

HSG, JUD

HCR 198 / HR 171

Status / Status

URGING THE JUDICIARY TO EXPEDITE THE SELECTION OF THE SITE FOR THE KONA JUDICIARY COMPLEX AND CONSIDER LA‘I‘OPUA AS A POTENTIAL SITE FOR THE COMPLEX.

 

 

JUD, FIN

HCR 60 / HR 53

Status / Status

RECOGNIZING APRIL AS SEXUAL ASSAULT AWARENESS AND PREVENTION MONTH.

 

 

JUD

 

 

 

 

DECISION MAKING TO FOLLOW

 

Persons wishing to offer comments should submit testimony at least 24 hours prior to the hearing with a transmittal cover indicating:

·     Testifier's name with position/title and organization;

·     The Committee the comments are directed to;

·     The date and time of the hearing;

·     Measure number; and

·     The number of copies the Committee is requesting. 

 

While every effort will be made to copy, organize, and collate all testimony received, materials received on the day of the hearing or improperly identified or directed to the incorrect office, may be distributed to the Committee after the hearing.

 

Submit testimony in ONE of the following ways:

PAPER:  3 (three) copies (including an original) to Room 302 in the State Capitol;

FAX:       For comments less than 5 pages in length, transmit to 586-6211 (for Oahu) or 1-800-535-3859 (for Neighbor Islanders without a computer to submit testimony through e-mail or the Web);

EMAIL:  For comments less than 5 pages in length, transmit to JUDtestimony@Capitol.hawaii.gov ; or

WEB:      For comments less than 4MB in size, transmit from the Web page at http://www.capitol.hawaii.gov/emailtestimony.

 

Testimony submitted will be placed on the Legislative Web site after the hearing adjourns.  This public posting of testimony on the Web site should be considered when including personal information in your testimony.

 

If you require special assistance or auxiliary aids and/or services to participate in the House public hearing process (i.e., sign or foreign language interpreter or wheelchair accessibility), please contact the Committee Clerk at 586-6210 or email your request for an interpreter to HouseInterpreter@Capitol.hawaii.gov at least 24 hours prior to the hearing for arrangements.  Prompt requests submitted help to ensure the availability of qualified individuals and appropriate accommodations.

 

Selected meetings are broadcast live.  Check the current legislative broadcast schedule on the "Capitol TV" Web site at www.capitoltv.org OR call 536-2100.

 

 

 

 

 

________________________________________

Rep. Gilbert Keith-Agaran

Chair