STAND. COM. REP. NO. 2077

Honolulu, Hawaii

RE:    S.B. No. 2314

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2016

State of Hawaii

Sir:

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 2314 entitled:

"A BILL FOR AN ACT RELATING TO THE OFFENSE OF ABUSE OF FAMILY OR HOUSEHOLD MEMBERS,"

begs leave to report as follows:

     The purpose and intent of this measure is to make a person ineligible for a deferred acceptance of guilty plea or nolo contendere plea in cases where the person was originally charged with the offense of abuse of a family or household member and the charge is subsequently reduced to a lesser included offense.

     Your Committee received testimony in support of this measure from the Department of the Prosecuting Attorney, County of Maui; Hawaii State Coalition Against Domestic Violence; Domestic Violence Action Center; League of Women Voters of Hawaii; and Hawaii Women's Coalition.  Your Committee received testimony in opposition to this measure from the Office of the Public Defender; Department of the Prosecuting Attorney, City and County of Honolulu; and Office of the Prosecuting Attorney, County of Kauai.  Your Committee received comments on this measure from the Judiciary.

     Your Committee finds that defendants charged with the offense of abuse of a family or household member are not eligible for a deferred acceptance of guilty plea or deferred acceptance of nolo contendere plea.  However, defendants originally charged with this offense have the option of pleading to a lesser included offense, such as assault or harassment that does not involve a family or household member.  As a result, defendants are eligible for a deferred acceptance of guilty plea or deferred acceptance of nolo contendere plea.  This measure prohibits defendants from pleading to a lesser included offense of the offense of abuse of a family or household member to ensure that perpetrators of domestic abuse are held accountable for their actions.

     Your Committee notes the concerns raised by the Department of the Prosecuting Attorney of the City and County of Honolulu that this measure may strain existing judicial resources to maintain an adequate domestic abuse jury trial docket.  Your Committee further notes that the Judiciary, which currently provides only two courtrooms capable of handling a maximum of two jury trials per week, would require additional resources if this measure is enacted.  Accordingly, your Committee has requested information from the Department of the Prosecuting Attorney of the City and County of Honolulu regarding the number of instances in which the original charge of abuse of a family or household member was pled to a lesser included offense and granted a deferred acceptance plea.

     Your Committee has amended this measure by:

     (1)  Inserting an effective date of January 7, 2059, to encourage further discussion; and

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2314, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2314, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

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GILBERT S.C. KEITH-AGARAN, Chair