STAND. COM. REP. NO. 1503

Honolulu, Hawaii

, 2019

RE: S.B. No. 1466

S.D. 2

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 Public Safety, Veterans, & Military Affairs, to which was referred S.B. No. 1466, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO GUN VIOLENCE PROTECTIVE ORDERS,"

begs leave to report as follows:

The purpose of this measure is to establish a process by which a law enforcement officer or family or household member may obtain a court order to prevent a person from accessing firearms and ammunition when the person poses a danger of causing bodily injury to oneself or another.

The Department of Health, Mayor of the County of Hawai‘i, Moms Demand Action for Gun Sense in America, Keiki Injury Prevention Coalition, Hawaii Children's Action Network, Everytown for Gun Safety, Maui Peace Action, Injury Prevention Advisory Committee, and many concerned individuals supported this measure. The Hawaii Rifle Association, Hawaii Firearms Coalition, Institute for Rational and Evidence-Based Legislation, National Rifle Association of America, and numerous concerned individuals opposed this measure. The Judiciary and Honolulu Police Department (HPD) offered comments on this measure.

Your Committee has amended this measure by:

(1) Providing the court the discretion to hold an oral hearing for an ex parte gun violence protective order, rather than requiring it; and

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

Your Committee notes the concerns of HPD that requiring the county police departments to notify the petitioner thirty days prior to the expiration of a gun violence protective order and notify the respondent when a gun violence protective order has expired or been terminated is beyond the scope of the duties of the county police departments and may result in high costs to administer. HPD testified that county police departments do not have these notification requirements under current temporary restraining orders and protective orders. Should the Committee on Judiciary deliberate this measure further, your Committee on Public Safety, Veterans, & Military Affairs respectfully requests that it consider the concerns of HPD.

Your Committee further notes that the Department of Health testified that suicide by firearms (172) outnumbered firearm-related homicides (44) in Hawaii from 2013 through 2017. The number of suicides, which is the leading cause of injury-related death in Hawaii, could decrease if lethal means such as firearms were less readily available to persons deemed a risk to themselves.

As affirmed by the record of votes of the members of your Committee on Public Safety, Veterans, & Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1466, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1466, S.D. 2, H.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Public Safety, Veterans, & Military Affairs,

____________________________

GREGG TAKAYAMA, Chair