STAND. COM. REP. NO. 1941

Honolulu, Hawaii

RE: H.C.R. No. 55

H.D. 1

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.C.R. No. 55, H.D. 1, entitled:

"HOUSE CONCURRENT RESOLUTION REQUESTING THE JUDICIARY TO CONVENE A WORKING GROUP TO STUDY HOW EFFECTIVE EXISTING LAWS ON DOMESTIC VIOLENCE TEMPORARY RESTRAINING ORDERS, PROTECTIVE ORDERS, AND HARASSMENT BY STALKING ARE IN PREVENTING CONTINUED ABUSE AND HARASSMENT,"

begs leave to report as follows:

The purpose and intent of this measure is to request the Judiciary 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.

Your Committee received testimony in support of this measure from the Hawaii State Commission on the Status of Women and four individuals.

Your Committee received comments on this measure from the Judiciary and Office of the Public Defender.

Your Committee finds that domestic violence and stalking continue to be pervasive and serious public safety concerns affecting individuals and families throughout the State, and temporary restraining orders and protective orders serve as critical legal tools by providing immediate protection for victims of domestic violence and harassment by stalking. However, 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. Your Committee believes that it is essential to evaluate whether enforcement mechanisms are sufficient, and whether additional legislative measures, including funding, may be necessary to enhance their effectiveness. This measure will provide valuable data and insights into the rate of compliance, enforcement challenges, and victim outcomes of existing laws on domestic violence temporary restraining orders, protective orders, and harassment by stalking.

Your Committee believes that the inclusion of a representative from the Office of the Public Defender and the private defense bar in the working group is necessary to generate a more balanced discussion on how defendants are processed through the criminal justice system and what is working or needs improvement to help prevent continued abuse and harassment.

Accordingly, your Committee has amended this measure by:

(1) Requesting that the working group include:

(A) The Public Defender, or the Public Defender's designee;

(B) The President of the Hawaii Association of Criminal Defense Lawyers, or the President's designee; and

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

(2) Clarifying the recipient list for certified copies of this measure; and

(3) 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 concurs with the intent and purpose of H.C.R. No. 55, H.D. 1, as amended herein, and recommends its adoption in the form attached hereto as H.C.R. No. 55, H.D. 1, S.D. 1.

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

________________________________

KARL RHOADS, Chair