STAND. COM. REP. NO. 1062-22

Honolulu, Hawaii

, 2022

RE: S.B. No. 832

S.D. 1

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Higher Education & Technology, to which was referred S.B. No. 832, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO VICTIM-COUNSELOR PRIVILEGE,"

begs leave to report as follows:

The purpose of this measure is to expand the victim-counselor privilege under Rule 505.5 of the Hawaii Rules of Evidence to include confidential advocates employed by the University of Hawaii.

Your Committee received testimony in support of this measure from the University of Hawai‘i System, Hawai‘i State Commission on the Status of Women, AAUW of Hawaii, Sex Abuse Treatment Center, The Every Voice Coalition Hawai‘i, and six individuals. Your Committee received comments on this measure from the Judiciary.

Your Committee finds that this measure offers greater protection to victims of sexual harassment, sexual assault, domestic violence, dating violence, and stalking at the University of Hawaii by establishing additional legal protections for information that victims share with the University of Hawaii's confidential advocates.

Your Committee has amended this measure by:

(1) Changing its effective date to July 1, 2050, to encourage further discussion; and

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

Your Committee respectfully requests that should your Committee on Judiciary & Hawaiian Affairs choose to hear this measure, it consider the Judiciary's comments regarding the use of the term "semiabsolute" in the measure.

As affirmed by the record of votes of the members of your Committee on Higher Education & Technology that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 832, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 832, S.D. 1, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Higher Education & Technology,

____________________________

GREGG TAKAYAMA, Chair