STAND. COM. REP. NO. 493

Honolulu, Hawaii

, 2019

RE: H.B. No. 491

H.D. 2

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 491, H.D. 1, entitled:

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

begs leave to report as follows:

The purpose of this measure is to strengthen state and county responses to domestic violence and increase offender accountability by:

(1) Amending the offense of abuse of family or household members to provide for a lesser included petty misdemeanor offense;

(2) Allowing a deferred acceptance of a guilty or no contest plea in cases involving misdemeanor and petty misdemeanor abuse offenses; and

(3) Requiring the Judiciary to submit annual reports to the Legislature on the number and outcome of abuse of family or household member cases.

The Judiciary, Hawai‘i State Commission on the Status of Women, Office of the Public Defender, Office of the Prosecuting Attorney of the County of Kaua‘i, Honolulu Police Department, Domestic Violence Action Center, LGBT Caucus of the Democratic Party of Hawaii, Hawaii State Coalition Against Domestic Violence, American Association of University Women of Hawaii, Parents And Children Together, and two individuals supported this measure. The Department of the Attorney General and Hawaii Women's Coalition provided comments.

Your Committee has amended this measure by:

(1) Clarifying the procedure for revoking the probation or setting aside the deferral of defendants who fail to complete the court-ordered domestic violence intervention programs or parenting classes;

(2) Clarifying the availability of a deferral to a defendant charged with misdemeanor and petty misdemeanor abuse of family or household member offenses;

(3) Changing the effective date to January 28, 2081, to encourage further discussion; and

(4) Making technical, nonsubstantive amendments for clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 491, H.D. 1, as amended herein, and recommends that it be referred to your Committee on Finance in the form attached hereto as H.B. No. 491, H.D. 2.

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

____________________________

CHRIS LEE, Chair