CONFERENCE COMMITTEE REP. NO. 5

Honolulu, Hawaii

, 2019

RE: S.B. No. 1037

S.D. 1

H.D. 1

C.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

Sirs:

Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 1037, S.D. 1, H.D. 1, entitled:

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

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this measure is to amend the offense of abuse of a family or household member by amending the type of physical abuse that constitutes strangulation to include blocking the nose and mouth or applying pressure to the chest, as well as clarifying that bodily injury must result.

Your Committee on Conference finds that strangulation is highly dangerous and potentially deadly form of abuse. Your Committee on Conference further finds that including blockage of the nose and mouth or applying pressure to the chest as additional possible elements to establish the crime will enable more successful prosecution of strangulation cases in the context of domestic violence. Your Committee on Conference notes that, although this measure explicitly provides that bodily injury need not be visible to establish the offense, it is not the intention of your Committee on Conference that other offenses that include bodily injury as an element be construed to require visible bodily injury.

Your Committee on Conference has amended this measure by making it effective upon approval.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 1037, S.D. 1, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 1037, S.D. 1, H.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________ CHRIS LEE Chair

____________________________ KARL RHOADS Chair