STAND. COM. REP. NO. 490

Honolulu, Hawaii

, 2019

RE: H.B. No. 512

H.D. 1

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. 512 entitled:

"A BILL FOR AN ACT RELATING TO THE CHILDREN'S JUSTICE PROGRAM,"

begs leave to report as follows:

The purpose of this measure is to protect the integrity of the child abuse investigation process and the process of interviewing child witnesses by:

(1) Clarifying the purpose and scope of the Children's Justice Program (Program); and

(2) Limiting disclosure of confidential documents and materials.

The Judiciary, Department of the Attorney General, Department of Human Services, Honolulu Police Department, County of Kaua‘i Office of the Prosecuting Attorney, County of Hawai‘i Office of the Prosecuting Attorney, Sex Abuse Treatment Center, Hale ‘Ōpio Kaua‘i, Friends of the Children's Justice Center of Oahu, and YWCA of Kaua‘i testified in support of this measure.

Your Committee has amended this measure by:

(1) Amending the list of persons to whom confidential documents and materials may be disclosed to more accurately describe the professionals that partner with the Program;

(2) Deleting the limitations on the access to and disclosure of confidential information by the Program and its partners;

(3) Deleting the authorized disclosure of confidential information pursuant to court order and upon a showing of good cause by the party seeking the release of the documents or materials;

(4) Authorizing the disclosure of confidential information pursuant to federal or state law;

(5) Amending the types of cases prioritized by the Program to reflect the current, accurate terminology used by the courts;

(6) Changing its effective date to January 28, 2081; and

(7) 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. 512, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 512, H.D. 1, and be referred to your Committee on Finance.

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

____________________________

CHRIS LEE, Chair