STAND. COM. REP. NO. 1210

Honolulu, Hawaii

, 2025

RE: S.B. No. 295

S.D. 1

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 Human Services & Homelessness, to which was referred S.B. No. 295, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO DOMESTIC ABUSE PROTECTIVE ORDERS,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Increase the penalties imposed on individuals convicted for violations of temporary restraining orders and orders for protection;

(2) Clarify that the court shall not sentence a defendant to pay a fine for violating a domestic abuse protective order if the court makes an on-the-record determination that the defendant is or will be unable to pay the fine;

(3) Specify that a conviction for violation of a temporary restraining order issued under the same judicial case number as an order for protection shall be treated as a second or subsequent violation of an order for protection; and

(4) Authorize the court to suspend certain jail sentences for violations of domestic abuse protective orders if the defendant meets certain conditions.

Your Committee received testimony in support of this measure from the Department of the Prosecuting Attorney for the City and County of Honolulu; Hawai‘i State Coalition Against Domestic Violence; Hawai‘i Children's Action Network Speaks!; Domestic Violence Action Center; and numerous individuals. Your Committee received testimony in opposition to this measure from the Office of the Public Defender. Your Committee received comments on this measure from the Judiciary.

Your Committee finds that protective orders are critical tools that can help shield individuals from threats and violence, yet repeated violations highlight the need for stronger enforcement. This measure strengthens accountability by increasing mandatory jail time and fines for violations, particularly for repeat offenders, and ensures that these enforceable safeguards deter future violations and enhance victim safety.

Your Committee has amended this measure by making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Human Services & Homelessness that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 295, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 295, 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 Human Services & Homelessness,

____________________________

LISA MARTEN, Chair