STAND. COM. REP. NO. 1848

Honolulu, Hawaii

, 2025

RE: H.R. No. 51

H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.R. No. 51 entitled:

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

begs leave to report as follows:

The purpose of this measure is to request the Judiciary to conduct a study on the effectiveness of existing laws related to domestic violence temporary restraining orders (TROs) and harassment by stalking. The purpose of this study is to assess how well these legal protections are preventing continued abuse and harassment, and to identify areas for improvement.

Your Committee received testimony in support for this measure from the Hawaii State Commission on the Status of Women; Hawaii State Coalition Against Domestic Violence; and from two individuals. Your Committee received testimony for this measure in opposition from the Judiciary. Your Committee received testimony with comments for this measure from the Department of the Prosecuting Attorney.

Your Committee finds that the effectiveness of domestic violence temporary restraining orders (TROs) and harassment by stalking laws is critical in protecting victims from continued abuse. While these legal measures are intended to provide immediate relief and prevent further harm, concerns remain regarding their enforcement, accessibility, and overall impact on victim safety.

By evaluating enforcement practices, survivor experiences, and case outcomes, this study can inform future legislative efforts to strengthen legal safeguards, improve law enforcement training, and ensure better access to justice for survivors of domestic violence and stalking.

Your Committee has amended this measure by:

(1) Requesting the Judiciary convene a working group consisting of the following members or their designee:

a. Each county’s law enforcement agency;

b. Each county’s prosecuting attorney;

c. The Executive Director of the Hawaiʻi State Commission on the Status of Women;

d. The Executive Director of the Hawaiʻi State Coalition Against Domestic Violence;

e. A nonprofit organization serving victims of domestic violence and stalking; and

f. a victim of domestic violence and/or stalking from each county; and

(2) Include Protective Orders in Addition to Temporary Restraining Orders (TROs); and

(3) Extend the reporting date to 2026; and

(4) Including Neighbor Islands and Victim Voices

(5) Making technical nonsubstantive amendments to the proposed amendments for consistency, clarity, and style.

As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee concurs with the intent and purpose of H.R. No. 51, as amended herein, and recommends its adoption in the form attached hereto as H.R. No. 51, H.D. 1.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

____________________________

DAVID A. TARNAS, Chair