HCR55 SD1

WHEREAS, domestic violence and stalking continue to be pervasive and serious public safety concerns affecting individuals and families throughout the State; and

WHEREAS, temporary restraining orders and protective orders serve as critical legal tools by providing immediate protection for victims of domestic violence and harassment by stalking; and

WHEREAS, concerns have been raised regarding the effectiveness of the laws on domestic violence temporary restraining orders, protective orders, and harassment by stalking in improving victim safety; and

WHEREAS, it is essential to evaluate whether enforcement mechanisms are sufficient, and whether additional legislative measures, including funding, may be necessary to enhance their effectiveness; and

WHEREAS, a study conducted by the Judiciary would provide valuable data and insights into the rate of compliance, enforcement challenges, and victim outcomes; and

WHEREAS, the study should consider feedback from key stakeholders, including each county's law enforcement agencies, each county's prosecuting attorney, victim advocacy organizations, the legal community, and individuals impacted by domestic violence and stalking; and

WHEREAS, findings and recommendations from the study could inform potential legislative improvements to better safeguard victims and prevent future harm; now, therefore,

BE IT RESOLVED by the House of Representatives of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2025, the Senate concurring, that the Judiciary is requested to convene a working group to study how effective the existing laws on domestic violence temporary restraining orders, protective orders, and harassment by stalking are in improving victim safety; and

BE IT FURTHER RESOLVED that the working group is requested to consist of the following members or their designees:

(1) The Chief of Police of the Honolulu Police Department;

(2) The Chief of Police of the Maui Police Department;

(3) The Chief of Police of the Hawaii Police Department;

(4) The Chief of Police of the Kauai Police Department;

(5) The Prosecuting Attorney of the City and County of Honolulu;

(6) The Prosecuting Attorney of Maui County;

(7) The Prosecuting Attorney of Hawaii County;

(8) The Prosecuting Attorney of Kauai County;

(9) The Public Defender;

(10) The Executive Director of the Hawaii State Commission on the Status of Women;

(11) The President of the Hawaii Association of Criminal Defense Lawyers;

(12) The Executive Director of the Hawaii State Coalition Against Domestic Violence;

(13) A representative from a nonprofit organization that serves victims of domestic violence and stalking, to be invited to participate by the Judiciary;

(14) A victim of domestic violence or stalking from each county, to be invited by the Judiciary; and

(15) Any other representative with relevant knowledge or experience that the Judiciary deems necessary; and

BE IT FURTHER RESOLVED that the study is requested to include an analysis of the issuance and enforcement of temporary restraining orders, protective orders, and the judicial response and law enforcement responses to violations of temporary restraining orders and protective orders, as well as an examination of the prosecution and adjudication of harassment by stalking cases; and

BE IT FURTHER RESOLVED that the study is requested to incorporate data from law enforcement agencies, victim services providers, legal practitioners, and individuals who have sought protection orders; and

BE IT FURTHER RESOLVED that:

(1) The Judiciary is requested to submit a report of its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2027; and

(2) The working group is requested to be dissolved on December 31, 2026; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chief Justice, Administrative Director of the Courts, Attorney General, Public Defender, prosecuting attorney of each county, chief of police of each county, Executive Director of the Hawaii State Commission on the Status of Women, President of the Hawaii Association of Criminal Defense Lawyers, and Executive Director of the Hawaii State Coalition Against Domestic Violence.

HOUSE OF REPRESENTATIVES	H.C.R. NO.	55
THIRTY-THIRD LEGISLATURE, 2025		H.D. 1
STATE OF HAWAII		S.D. 1