Honolulu, Hawaii
                                                     , 1999

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

Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii


     Your Committee on Judiciary, to which was referred S.B. No.
590 entitled: 


begs leave to report as follows:

     The purpose of this bill, as received by your Committee, is
to consolidate the laws covering domestic violence temporary
restraining and protective orders into one new chapter.

     Your Committee finds that there are several important
objectives that would be accomplished by consolidating the
provisions of three existing statutes covering restraining orders
and protective orders into a single comprehensive statute. These
objectives are consistency, uniformity, and effectiveness.
However, your Committee recognizes the possibility that this
bill, as drafted, may create more confusion rather than providing
clarity.  Your Committee is also concerned that the scope of the
bill is unclear, and rather than providing consistency, this
measure could cause jurisdictional controversies. 

     Nevertheless, your Committee is committed to the idea of
consolidating temporary restraining and protective orders into a
single chapter and recommends that the Judiciary, the domestic
violence advocates, the prosecuting attorneys, the public
defender, and the legislative drafting agencies work together
during the interim to develop a comprehensive recodification of
all state laws addressing domestic violence.

                                   STAND. COM. REP. NO. 824
                                   Page 2

     Your Committee further finds that the penalties for
violating temporary restraining and protective orders must be
standardized to assure adequate and appropriate consequences for
those who choose to ignore a court order designed to prevent
further harassment, threats, and violence from occurring.  

     Testimony in support of this measure was submitted by the
Honolulu County Committee on the Status of Women, the Honolulu
Police Department, the Domestic Violence Clearinghouse and Legal
Hotline, Hawaii State Coalition Against Domestic Violence, Child
and Family Service, Hawaii Lawyers Care, Hawaii Women Lawyers,
Hawaii Rifle Association, Hawaii Family Forum, Hawaii Citizens'
Rights Political Action Committee, and Parents and Children
Together.  The Department of the Prosecuting Attorney of the City
and County of Honolulu supported the intent of the bill with
recommendations.  Testimony in opposition to this measure was
submitted by the Office of the Public Defender.  The Judiciary
took no position on this measure but provided comments.

     Upon further consideration, your Committee has amended this
measure by deleting its contents and substituting therefor the
following provisions:

     (1)  Adding that a violation of a temporary restraining
          order must be a knowing or intentional violation within
          section 586-4, Hawaii Revised Statutes (HRS), in order
          to be consistent with all other orders granted pursuant
          to chapter 586; and

     (2)  Conforming sections 586-5.5 and 586-10, HRS, by
          including similar language presently contained in
          section 586-4, HRS, relating to mandatory fines and

     As affirmed by the record of votes of the members of your
Committee on Judiciary that is attached to this report, your
Committee is in accord with the intent and purpose of S.B. No.
590, as amended herein, and recommends that it pass Second
Reading in the form attached hereto as S.B. No. 590, S.D. 1, and
be placed on the calendar for Third Reading.

                                   STAND. COM. REP. NO. 824
                                   Page 3

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Judiciary,

                                   AVERY B. CHUMBLEY, Co-Chair

                                   MATTHEW M. MATSUNAGA, Co-Chair