STAND. COM. REP. NO. 2211

Honolulu, Hawaii

RE:    S.B. No. 2401

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2014

State of Hawaii

Madam:

     Your Committee on Public Safety, Intergovernmental and Military Affairs, to which was referred S.B. No. 2401 entitled:

"A BILL FOR AN ACT RELATING TO ABUSE OF FAMILY OR HOUSEHOLD MEMBER,"

begs leave to report as follows:

     The purpose and intent of this measure is to provide protection to abuse victims by extending the period of separation that a law enforcement officer shall order when there is suspicion of physical abuse or harm to 4:30 p.m. on the second business day following the weekend or legal holiday if:

     (1)  The forty-eight hour period of separation expires on any Saturday, Sunday, or legal holiday; or

     (2)  The incident occurs after 12:00 p.m. on any Friday, or on any Saturday, Sunday, or legal holiday.

     Your Committee received testimony in support of this measure from the Department of the Prosecuting Attorney of the City and County of Honolulu, Department of the Prosecuting Attorney of the County of Maui, Department of the Prosecuting Attorney of the County of Kauai, Honolulu Police Department, Maui Police Department, and one individual.

     Your Committee finds that the intent of the forty-eight hour period of separation is to keep the abuser away from the victim and give the victim time to get a restraining order and find a safe shelter.  An abuse victim does not receive the benefit of the forty-eight hour separation period if an abuse happens over the weekend or on a holiday, as all government agencies and many private organizations are closed.  This measure will give abuse victims additional time to get help and legal protection by extending the period of separation that a law enforcement officer shall order under specified circumstances.

     As affirmed by the record of votes of the members of your Committee on Public Safety, Intergovernmental and Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2401 and recommends that it pass Second Reading and be referred to the Committee on Judiciary and Labor.

Respectfully submitted on behalf of the members of the Committee on Public Safety, Intergovernmental and Military Affairs,

____________________________

WILL ESPERO, Chair