STAND. COM. REP. NO. 805

Honolulu, Hawaii

RE: S.B. No. 933

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 933 entitled:

"A BILL FOR AN ACT RELATING TO TEMPORARY RESTRAINING ORDERS,"

begs leave to report as follows:

The purpose and intent of this measure is to allow petitioners of temporary restraining orders to remotely attend temporary restraining orders hearings when:

(1) Domestic violence or intimate partner violence is alleged; or

(2) The petitioner has been diagnosed with post-traumatic stress disorder.

Your Committee received testimony in support of this measure from the Institute for Human Services, Inc.; Hawai‘i State Coalition Against Domestic Violence; Hawai‘i Women Lawyers; Restraining Orders without Borders; and three individuals. Your Committee received comments on this measure from the Judiciary and one individual.

Your Committee finds that since the onset of the coronavirus disease 2019 pandemic, there has been an increase in gender-based violence against women in Hawaii, particularly through domestic and intimate partner violence. Your Committee further finds that survivors of domestic and intimate partner violence often lack access to transportation and paid time off, which can make mandatory in-person hearings especially burdensome for petitioners. According to testimony received by your Committee, this measure would result in greater safety for victims of domestic violence, while ensuring economic justice and equitable access to the courts. Your Committee recognizes that there are concerns relating to the broad language requiring a diagnosis of post-traumatic stress disorder in this measure.

Accordingly, your Committee has amended this measure by:

(1) Amending language to limit petitioners of temporary restraining orders to attend hearings remotely only when domestic abuse is alleged;

(2) Amending section 1 to reflect its amended purpose; and

(3) Making a technical, nonsubstantive amendment 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. 933, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 933, S.D. 1, and be placed on the calendar for Third Reading.

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

________________________________

KARL RHOADS, Chair