HOUSE OF REPRESENTATIVES

THE TWENTY-SIXTH LEGISLATURE

REGULAR SESSION OF 2011

 

COMMITTEE ON JUDICIARY

Rep. Gilbert S.C. Keith-Agaran, Chair

Rep. Karl Rhoads, Vice Chair

 

Rep. Tom Brower

Rep. Hermina M. Morita

Rep. Rida T.R. Cabanilla

Rep. Blake K. Oshiro

Rep. Mele Carroll

Rep. Joseph M. Souki

Rep. Robert N. Herkes

Rep. Clift Tsuji

Rep. Ken Ito

Rep. George R. Fontaine

Rep. Sylvia Luke

Rep. Barbara C. Marumoto

Rep. Angus L.K. McKelvey

Rep. Cynthia Thielen

 

AMENDED NOTICE OF HEARING

DATE:

Tuesday, February 22, 2011

TIME:

2:00 PM

PLACE:

Conference Room 325

State Capitol

415 South Beretania Street

 

A M E N D E D A G E N D A

 

The conference room has been corrected 302 to 325

 

HB 141

Status

RELATING TO THE HAWAII PENAL CODE.

Authorizes retroactive application of the requirement that multiple terms of imprisonment run concurrently unless directed to run consecutively by law or court order.

 

JUD

HB 1155

Status

RELATING TO REPEAT OFFENDERS.

Excludes non-violent offenders from repeat offenders statute requiring mandatory minimum prison terms.

 

JUD

HB 56, HD1

(HSCR475)

Status

RELATING TO CHILD VISITATION.

Permits family court to award reasonable visitation to grandparents if denial of visitation would cause significant harm to the child. Establishes a rebuttable presumption that visitation decisions by a parent are in the best interests of the child. Presumption may be rebutted by a preponderance of clear and convincing evidence. Identifies factors court may consider in awarding visitation. Effective July 1, 2050. (HB56 HD1)

 

HUS, JUD

HB 616, HD1

(HSCR476)

Status

RELATING TO CHILD CUSTODY.

Clarifies that awards of visitation rights may include visitation by electronic communication. Establishes factors that shall be considered and authorizes courts to set guidelines for visitation by electronic communication. Effective July 1, 2050. (HB616 HD1)

 

HUS, JUD

HB 909, HD1

(HSCR394)

Status

RELATING TO FAMILY COURT.

Provides that the date of valuation of marital assets is the date of the filing of the divorce complaint. Defines duties owed by parties to a divorce. Defines various terms. Effective date July 1, 2050. (HB909 HD1)

 

HUS, JUD

HB 1376

Status

RELATING TO EVIDENCE.

Makes permanent the limited news media privilege against the compelled disclosure of sources and unpublished information.

 

JUD

HB 194

Status

RELATING TO EVIDENCE.

Makes permanent the limited news media privilege against the compelled disclosure of sources and unpublished information.

 

JUD

HB 354

Status

RELATING TO TAX APPEALS.

Prohibits discovery and limits the award of costs in controversies involving small claim tax appeals.

 

JUD

HB 618

Status

RELATING TO OFFENSES AGAINST PUBLIC ORDER.

Makes the use of another person's name or persona to create a web page on or to post one or more messages on a commercial social networking site, without the permission of the other person, and with the intent to harm, defraud, intimidate, or threaten any person, a misdemeanor. Makes the repeated commission of this offense a class C felony. Provides that harassment by impersonation, if committed with the intent to solicit a response by emergency services personnel, is a class C felony.

 

JUD

HB 1007

Status

RELATING TO PORNOGRAPHY OFFENSES AGAINST CHILDREN.

Amends the offense of promoting pornography to minors to extend the prohibition against disseminating pornographic material to minors to include disseminating pornographic material to another person who represents that person to be a minor; and adds the offense of promoting child abuse in the third degree to the information charging law.

 

JUD

HB 1010

Status

RELATING TO THE DISCLOSURE OF VITAL STATISTICS RECORDS TO LAW

Authorizes the Department of Health to provide certain public health records to law enforcement officers to facilitate criminal investigations.

 

JUD

HB 546

(HSCR5)

Status

RELATING TO CIVIL RIGHTS.

Prohibits discrimination on the basis of gender identity and expression as a public policy matter and specifically with regard to employment.

 

LAB, JUD

SB 1309, SD1

(SSCR157)

Status

RELATING TO THE ESTABLISHMENT OF THE LIEUTENANT GOVERNOR SPECIAL FUND.

Establishes fees for services provided by the office of the lieutenant governor. Specifies the authority of the lieutenant governor to issue apostilles. Requires the auditor to analyze the establishment of a lieutenant governor special fund. (SD1)

 

JUD, LMG, FIN

HB 238, HD1

(HSCR393)

Status

RELATING TO TEMPORARY RESTRAINING ORDERS.

Adds a mandatory prison term of fifteen days and a fine of not less than $150 nor more than $600 for a person with certain prior convictions who is convicted for the first time for violation of a temporary restraining order. Effective July 1, 2050. (HB238 HD1)

 

HUS, JUD

HB 44

Status

RELATING TO PROSTITUTION.

Makes it a misdemeanor to offer or agree to pay a fee to engage in sexual conduct within 750 feet of a school or public park. Effective 7/1/11.

 

JUD

HB 240

Status

RELATING TO PROMOTING PROSTITUTION.

Amends section 28-101, Hawaii Revised Statutes, to give the "greatest priority" to cases involving promoting prostitution, when the attorney general is determining whether to fund or provide for witness security and protection.

 

JUD

HB 241

Status

RELATING TO PROMOTING PROSTITUTION.

Increases the grade of offense for promoting prostitution in the first, second, and third degree to a class A, B, and C felony, respectively.

 

JUD

HB 242

Status

RELATING TO PROMOTING PROSTITUTION.

Amends Act 192, Session Laws of Hawaii 2008, to make the offense of habitual solicitation of prostitution a class C felony.

 

JUD

 

 

 

 

DECISION MAKING TO FOLLOW

 

Persons wishing to offer comments should submit testimony at least 24 hours prior to the hearing with a transmittal cover indicating:

     Testifier's name with position/title and organization;

     The Committee the comments are directed to;

     The date and time of the hearing;

     Measure number; and

     The number of copies the Committee is requesting.

 

While every effort will be made to copy, organize, and collate all testimony received, materials received on the day of the hearing or improperly identified or directed to the incorrect office, may be distributed to the Committee after the hearing.

 

Submit testimony in ONE of the following ways:

PAPER: 3 (three) copies (including an original) to Room 302 in the State Capitol;

FAX: For comments less than 5 pages in length, transmit to 586-6211(for Oahu) or 1-800-535-3859 (for Neighbor Islanders without a computer to submit testimony through e-mail or the Web);

EMAIL: For comments less than 5 pages in length, transmit to JUDtestimony@Capitol.hawaii.gov ; or

WEB: For comments less than 4MB in size, transmit from the Web page at http://www.capitol.hawaii.gov/emailtestimony.

 

Testimony submitted will be placed on the Legislative Web site after the hearing adjourns. This public posting of testimony on the Web site should be considered when including personal information in your testimony.

 

If you require special assistance or auxiliary aids and/or services to participate in the House public hearing process (i.e., sign or foreign language interpreter or wheelchair accessibility), please contact the Committee Clerk at 586-6210 or email your request for an interpreter to HouseInterpreter@Capitol.hawaii.gov at least 24 hours prior to the hearing for arrangements. Prompt requests submitted help to ensure the availability of qualified individuals and appropriate accommodations.

 

Selected meetings are broadcast live. Check the current legislative broadcast schedule on the "Capitol TV" Web site at www.capitoltv.org OR call 536-2100.

 

 

 

 

 

________________________________________

Rep. Gilbert Keith-Agaran

Chair