STAND. COM. REP. NO. 802

Honolulu, Hawaii

RE: S.B. No. 1466

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 1466, S.D. 1, entitled:

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

begs leave to report as follows:

The purpose and intent 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.

Your Committee received testimony in support of this measure from the Mayor of the County of Hawai‘i; Moms Demand Action for Gun Sense in Hawaii; Eye Productions, Inc.; O‘ahu County Committee on Legislative Priorities of the Democratic Party of Hawai‘i; National Organization of Parents of Murdered Children; and thirty-one individuals. Your Committee received testimony in opposition to this measure from the Institute for Rational and Evidence-based Legislation, Hawaii Firearms Coalition, National Rifle Association of America, Hawaii Rifle Association, and three hundred eighty-two individuals. Your Committee received comments on this measure from the Judiciary and Department of the Attorney General.

Your Committee finds that nationwide, active shooters have inflicted great harm by killing and injuring innocent persons, sometimes in highly publicized mass-shootings. Your Committee further finds that in some cases, law enforcement or a member of the shooter's family or household may have observed warning signs before the shooting, but depending on the jurisdiction, they may not have had the ability to petition a court to confiscate the shooter's firearms and ammunition. This measure will allow the courts and law enforcement to promptly respond to persons who have demonstrated a risk of causing bodily injury to themselves or others. However, your Committee additionally finds that certain provisions of this measure are inconsistent with current procedural practices of the courts and law enforcement agencies.

Accordingly, your Committee has amended this measure by:

(1) Requiring police officers to file proof of service of a protective order with the court within one business day of service;

(2) Requiring the court to notify the Hawaii Criminal Justice Data Center of the service of protective orders;

(3) Requiring the Hawaii Criminal Justice Data Center to make information relating to protective orders available to the National Instant Criminal Background Check System within one business day;

(4) Inserting an effective date of February 1, 2020; and

(5) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

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 S.B. No. 1466, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 1466, S.D. 2.

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

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KARL RHOADS, Chair