STAND. COM. REP. NO. 828

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  S.B. No. 599
                                        S.D. 1




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

Sir:

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

     "A BILL FOR AN ACT RELATING TO DOMESTIC VIOLENCE,"

begs leave to report as follows:

     The purpose of this bill is to amend the definition of
"family or household member" to include persons who have or have
had a dating relationship.

     Your Committee finds that domestic violence against
teenagers is one of the fastest growing types of domestic abuse
in the nation.  It is estimated that as many as one-third of all
high school and college age individuals may now experience some
form of violence in an intimate or dating relationship.  Even
when they understand what is happening, teenagers are reluctant
to come forward to ask for the necessary help and support from
trained professionals.  Your Committee further finds that abusers
who clearly have a relationship with their victims, but have not
lived with them, escape the penalties of section 709-906, Hawaii
Revised Statues, which includes mandatory jail sentence.  Your
Committee recognizes that it is the dynamics of the relationship,
and not the physical living situation, that is the controlling
factor in responding to domestic violence disputes. 

     Testimony in support of this measure was submitted by the
Department of Health, the Department of the Prosecuting Attorney
of the City and County of Honolulu, the Domestic Violence
Clearinghouse and Legal Hotline, Child and Family Service, Hawaii

 
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                                   STAND. COM. REP. NO. 828
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State Coalition Against Domestic Violence, Hawaii Lawyers Care,
Hawaii Women Lawyers, Parents and Children Together, and Hawaii
Family Forum.  Testimony in opposition to this measure was
submitted by the Office of the Public Defender and the Honolulu
Police Department.

     Upon further consideration, your Committee has amended this
measure by:

     (1)  Clarifying the definition of "dating relationship" to
          include such factors as the length of time of the
          relationship, the nature of the relationship, and the
          frequency of interaction between the parties; 

     (2)  Deleting the provision that makes a similar amendment
          in section 709-906, Hawaii Revised Statutes; and

     (3)  Making technical, non-substantive changes for the
          purposes of clarity and style.

     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.
599, as amended herein, and recommends that it pass Second
Reading in the form attached hereto as S.B. No. 599, S.D. 1, and
be placed on the calendar for Third Reading.

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



                                   ______________________________
                                   AVERY B. CHUMBLEY, Co-Chair



                                   ______________________________
                                   MATTHEW M. MATSUNAGA, Co-Chair

 
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