STAND. COM. REP. NO. 670

Honolulu, Hawaii

RE:    S.B. No. 519

       S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

Sir:

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 519, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO DOMESTIC VIOLENCE,"

begs leave to report as follows:

     The purpose and intent of this measure is to specify that citizen complaints against a police officer that involve allegations of domestic violence against a family or household member on the part of the police officer are not required to be in writing or sworn to by the complainant.

     Your Committee received testimony in support of this measure from the Hawaii State Commission on the Status of Women, Women's Caucus of the Democratic Party of Hawai‘i, American Association of University Women of Hawaii, Americans for Democratic Action Hawai‘i, Domestic Violence Action Center, Hawaii State Coalition Against Domestic Violence, Hawaii Women's Coalition, and eleven individuals.  Your Committee received testimony in opposition to this measure from the Department of the Prosecuting Attorney, County of Maui and State of Hawaii Organization of Police Officers.  Your Committee received comments on this measure from the Department of the Prosecuting Attorney, City and County of Honolulu.

     Your Committee finds that curtailing domestic violence is important for the health, safety, and welfare of citizens and that a vital part of reducing domestic violence is ensuring that those reporting acts of domestic violence feel secure and confident in coming forward with complaints.  The fear of chilling the voices of those wishing to report acts of domestic violence is particularly worrisome when those reports complain of acts of domestic violence perpetrated by a police officer against a family or household member.  Accordingly, this measure allows an individual to make a complaint against a police officer alleging an act of domestic violence against a family or household member without being required to swear to or make the complaint in writing.

     Your Committee has amended this measure by:

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

     (2)  Making a technical, nonsubstantive amendment 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. 519, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 519, S.D. 2.

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

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GILBERT S.C. KEITH-AGARAN, Chair