Honolulu, Hawaii

                , 2011


RE:   H.B. No. 238

      H.D. 1





Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii




     Your Committee on Human Services, to which was referred H.B. No. 238 entitled:




begs leave to report as follows:


     The purpose of this bill is to better protect victims of domestic violence by increasing the minimum jail time and fines that may be imposed for a first time violation of a temporary restraining order on an individual with any prior convictions for certain crimes of violence and sexual assault against a family or household member.


     The City and County of Honolulu Department of the Prosecuting Attorney (Prosecutor), Honolulu Police Department, Domestic Violence Action Center, Hawaii State Coalition Against Domestic Violence, and a concerned citizen testified in support of this measure.  The Office of the Public Defender (Public Defender) opposed this bill.


     Your Committee notes the concerns of the Public Defender that this bill will limit the court's discretion in sentencing and will force jail time in the face of efforts to alleviate overcrowding in prison facilities.  Your Committee also notes that the Prosecutor requested that all of the language in House Bill No. 239 be included as part two in this bill.


     Given the gravity of problem of domestic violence within the community and in light of the disparate positions taken by the Prosecutor and Public Defender, your Committee has determined the measure requires serious consideration and further discussion.


     Accordingly, your Committee has amended this measure by changing the effective date to July 1, 2050, to encourage further discussion.


     As affirmed by the record of votes of the members of your Committee on Human Services that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 238, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 238, H.D. 1, and be referred to the Committee on Judiciary.


Respectfully submitted on behalf of the members of the Committee on Human Services,