THE SENATE

S.B. NO.

1054

TWENTY-SIXTH LEGISLATURE, 2011

S.D. 1

STATE OF HAWAII

H.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO TEMPORARY RESTRAINING ORDERS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


PART I

SECTION 1. (a) There is established within the judiciary, for administrative purposes only, a temporary task force that shall discuss, review, and seek input on policy for establishing a process to issue temporary restraining orders by the family and district courts upon submission of sworn oral testimony or complaint communicated to the court by means of electronic voice communication.

(b) The task force shall consist of:

(1)  One representative chosen by the president of the senate;

(2)  One representative chosen by the speaker of the house of representatives;

(3)  One representative from the Honolulu police department;

(4)  One representative from the city and county of Honolulu department of the prosecuting attorney;

(5)  One representative from the department of the attorney general; and

(6)  One representative from the judiciary.

(c) Members of the task force shall serve without compensation and shall receive no reimbursement for expenses.

(d) All proceedings and records of the task force shall be exempt from chapter 92, Hawaii Revised Statutes.

(e) The task force shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the regular session of 2012.

(f) The task force shall cease to exist on June 30, 2012.

PART II

SECTION 2. Chapter 586, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"586- Temporary restraining order and protective order assistance program. The judiciary may establish a program to assist persons seeking temporary restraining orders and protective orders during state furlough days and other times when such essential protective services are needed. The program shall, if implemented:

(1) Assist petitioners on a walk-in basis;

(2) In special circumstances, conduct intake services in an appropriate, secure location that will not compromise the safety of the petitioner or program service providers;

(3) Work one-on-one with each petitioner to complete the temporary restraining order petition ensuring that the petitioner has a complete understanding of the process and procedures;

(4) Provide technical information to the petitioner for completion of a temporary restraining order petition;

(5) Transmit completed petitions to the family court; and

(6) Prepare granted petitions for distribution to the petitioner.

The judiciary may contract with a third party to administer the program and provide program services."

PART III

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2050.


 


 

Report Title:

Task Force; Temporary Restraining Orders; Electronic Application

 

Description:

Establishes a temporary task force to establish a process to issue temporary restraining orders by the family and district courts upon submission of sworn oral testimony or complaint communicated to the court by means of electronic voice communication. Allows the Judiciary to establish a program to assist persons seeking temporary restraining orders and protective orders. Effective July 1, 2050. (SB1054 HD1)

 

 

 

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