HOUSE OF REPRESENTATIVES

H.B. NO.

1919

TWENTY-SIXTH LEGISLATURE, 2012

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO DOMESTIC VIOLENCE.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The State continues to be plagued by incidents of domestic violence.  Because of the unique nature of this crime and the far-reaching effects on domestic violence victims, it would be helpful to establish a dedicated court meant to address domestic violence cases.

     The legislature finds that other states have experienced success with domestic violence courts, which have been shown to result in swift, certain, and consistent responses to domestic violence, as well as enhanced victim safety and improved access to court case information, social services, housing, and counseling.

     The purpose of this Act is to establish a domestic violence court pilot program in the family court of the first circuit for three years.

     SECTION 2.  (a)  There is established a three-year domestic violence court pilot program within the family court of the first circuit to which shall be referred:

     (1)  Any offense committed against a child by the child's parent or guardian, or by any other person having the child's legal or physical custody;

(2)  Any violation of section 709-906, Hawaii Revised     Statutes;

     (3)  Any adult charged with:

         (A)  An offense, other than a felony, against the person of the defendant's spouse, civil union partner, or reciprocal beneficiary; or

         (B)  Any violation of an order issued pursuant to chapter 586, Hawaii Revised Statutes; and

     (4)  All proceedings under chapter 586, Hawaii Revised Statutes.

     (b)  The judge of the domestic violence court shall be selected by the chief justice of the Hawaii supreme court and the senior judge of the family court from the existing family court judges in the first circuit court.  The activities of the domestic violence court shall be supported by related case-management and auxiliary and support services, treatment, and intensive supervision mechanisms.

     (c)  The judge of the domestic violence court shall:

     (1)  Preside only in the domestic violence court;

     (2)  Preside over each case from initial appearance through disposition; and

     (3)  Monitor all respondents and their compliance with orders of protection granted under chapter 586, Hawaii Revised Statutes.

     (d)  The domestic violence court shall be supported by:

     (1)  A resource coordinator who is a licensed social worker in the State and whose duties shall include:

         (A)  Preparing respondent and victim information for the judge of the domestic violence court;

         (B)  Working with relevant agencies and persons, including the department of human services, law enforcement, prosecutors, and defense counsel, to coordinate information and ensure prompt reporting; and

         (C)  Screening and referring respondents for court-mandated programs; and

     (2)  An on-site victim advocate who shall be a licensed social worker in the State and whose duties shall include:

         (A)  Serving as a primary contact to victims throughout the court proceedings;

         (B)  Coordinating social services for victims with established service organizations that will assist with housing, counseling, and the creation of safety plans for victims; and

         (C)  Providing victims with information about criminal proceedings and special conditions within their orders of protection.

     (e)  The domestic violence court shall have broad authority to:

     (1)  Require domestic violence respondents to attend rehabilitation, education, vocation, medical, mental-health, and substance abuse treatment programs; and

     (2)  Monitor for at least one year:

         (A)  The execution of the treatment plan of the domestic violence respondent; and

         (B)  The domestic violence respondent's compliance with the requirements of the treatment plan, including regular appearances before the domestic violence court to report on the domestic violence respondent's progress.

     (f)  The judiciary shall submit an annual report on the domestic violence court pilot program with findings and recommendations to the legislature no later than twenty days prior to the convening of the 2013, 2014, and 2015 regular sessions.

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $        or so much thereof as may be necessary for fiscal year 2012-2013 for the domestic violence court pilot program.

     The sum appropriated shall be expended by the judiciary for the purposes of this Act.

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  This Act shall take effect on July 1, 2050, and shall be repealed on July 1, 2015.


 


 

Report Title:

Domestic Violence; Family Court; Appropriation

 

Description:

Establishes a domestic violence court pilot program.  Appropriates funds for the domestic violence court pilot program to be expended by the Judiciary.  Effective July 1, 2050.  (HB1919 HD1)

 

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