Honolulu, Hawaii
                                                   , 1999

                                 RE: S.B. No. 590
                                     S.D. 1
                                     H.D. 1

Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii


     Your Committee on Judiciary and Hawaiian Affairs, to which
was referred S.B. No. 590, S.D. 1, entitled: 


begs leave to report as follows:

     The purpose of this bill is to provide uniform sentences
upon a violation of a temporary restraining order, protective
order, or restraining order upon divorce or annulment.

     Testimony in support of this bill was received from the
Office of the Prosecuting Attorney of the County of Hawaii, the
Hawaii State Commission on the Status of Women, the Hawaii State
Coalition Against Domestic Violence, the Domestic Violence
Clearinghouse and Legal Hotline, the Department of the
Prosecuting Attorney of the City and County of Honolulu, the
State Attorney General, Child & Family Service, and the Honolulu
Police Department.  Additional testimony was received from the
Judiciary and the Office of the Public Defender.

     Your Committee finds that harassment is a serious issue of
growing concern in the community.  As such, streamlining and
clarifying the procedures in the issuance of temporary
restraining orders in cases involving harassment, is critical to
the public safety of our citizens.

                                 STAND. COM. REP. NO. 1288
                                 Page 2

     Your Committee has amended this bill by deleting its
substance, and inserting therefor, the substance of H.B. No. 177,
H.D. 1.  Your Committee notes that H.B. No. 177, H.D. 1, passed
out the House of Representatives earlier this session after a
public hearing before this Committee.  Amended provisions

     (1)  Allowing the court to temporarily restrain a person
          named in the petition from harassing the petitioner
          upon a determination that there is probable cause to
          believe that a past act or acts of harassment have
          occurred or that a threat or threats of harassment may
          be imminent;

     (2)  Deleting the requirement that the person has to have
          caused the petitioner substantial emotional distress
          for the court to impose a TRO;

     (3)  Deleting the 15-day TRO time period and specifying that
          a TRO will remain in effect at the discretion of the
          court for a period not to exceed 90-days from the date
          the order is granted;

     (4)  Specifying that a hearing on a TRO petition will be
          held within 15 days after it is granted;

     (5)  Specifying that in the event that service has not been
          effected, the court may set a new date for the TRO
          hearing, only if the new date does not exceed 90-days
          from the date the TRO was granted;

     (6)  Allowing the parties named to also give oral testimony
          relating to the alleged acts of harassment;

     (7)  Defining "serve" as actual personal service, service by
          certified mail, or proof that the respondent was
          present at the hearing in which the court orally issued
          the injunction;

     (8)  Clarifying that if the respondent has received:

          (a)  The temporary restraining or injunction order; or

          (b)  Notice of the temporary restraining or injunction

                                 STAND. COM. REP. NO. 1288
                                 Page 3

          and knowingly or intentionally violates the temporary
          restraining or injunction order, then the respondent
          will be penalized according to section 604-10.5(h),
          Hawaii Revised Statutes; and

     (9)  Allowing the order issued to be served upon the chief
          of police of each county by:

          (a)  Regular mail;

          (b)  Facsimile transmission;

          (c)  Or other similar means of transmission.

     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. 590, S.D. 1, as amended herein, and
recommends that it pass Second Reading in the form attached
hereto as S.B. No. 590, S.D. 1, H.D. 1, and be referred to the
Committee on Finance.

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

                                   PAUL T. OSHIRO, Chair