STAND. COM. REP. NO.27

Honolulu, Hawaii

, 2003

RE: S.B. No. 935

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 935 entitled:

"A BILL FOR AN ACT RELATING TO ORDERS FOR PROTECTION,"

begs leave to report as follows:

The purpose of this measure is to eliminate the disparity in sentencing provisions for domestic abuse and non-domestic abuse violations of domestic abuse protection orders.

Your Committee received supporting testimony from the Department of the Prosecuting Attorney, the Domestic Violence Clearinghouse and Legal Hotline, and the Hawaii State Coalition Against Domestic Violence. The Office of the Public Defender cautiously supported the measure, and Hawaii Moms and Dads 4Kids and a concerned citizen opposed the measure.

Your Committee finds that individuals who have been domestically abused seek protective orders when there has been sufficient abuse, threats, and fear to warrant protection from the court. Your Committee further finds that abusers employ a variety of tactics to maintain control and exert power over abused persons. Although certain behaviors appear harmless, victims suffer emotional and psychological trauma from reminders that the victim is being watched and is still vulnerable to the abuser's wishes.

Furthermore, your Committee believes that any intentional violation of a protective order, regardless of the degree of the violation, is a violation and punishment should be consistent.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 935 and recommends that it pass Second Reading and be placed on the calendar for Third Reading.

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

____________________________

COLLEEN HANABUSA, Chair