STAND. COM. REP. NO. 2207

 

Honolulu, Hawaii

, 2019

 

RE: S.B. No. 1466

S.D. 2

H.D. 2

 

 

 

 

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

 

Sir:

 

Your Committee on Judiciary, to which was referred S.B. No. 1466, S.D. 2, H.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO GUN VIOLENCE PROTECTIVE ORDERS,"

 

begs leave to report as follows:

 

The purpose of this measure is to establish a process by which a law enforcement officer or family or household member may obtain a court order to prevent a person from accessing firearms and ammunition when the person poses a danger of causing bodily injury to oneself or another.

 

The Department of Health, Mayor of the County of Hawaii, Oahu County Democrats Committee on Legislative Priorities, Everytown For Gun Safety, Giffords, Hawaii State Coalition Against Domestic Violence, Hawaii Chapter of Moms Demand Action for Gun Sense in America, and many individuals testified in support of this measure. The National Rifle Association of America, Hawaii Firearms Coalition, Institute for Rational and Evidence-Based Legislation, and many individuals testified in opposition to this measure. The Judiciary and Honolulu Police Department provided comments.

 

Your Committee has amended this measure by:

 

(1) Expanding the definition of "petitioner" to include a medical professional, educator, or colleague who may file a petition for a gun violence protective order, and defining those terms;

 

(2) Deleting provisions that authorize or require the court to ensure that a reasonable search has been conducted:

 

(A) Of all available records to determine whether the respondent owns any firearms or ammunition; and

 

(B) For criminal history and mental health records related to the respondent that are readily available to the court;

 

(3) Requiring the court to schedule a hearing within 14 days of the granting of the petition for an ex parte gun violence protective order;

 

(4) Deleting the requirement that the county police department holding any surrendered or removed firearm or ammunition notify:

 

(A) The petitioner 30 days before a one-year gun violence protective order is set to expire; and

 

(B) The respondent if a gun violence protective order is terminated or expires and is not renewed;

 

(5) Changing its effective date to January 1, 2020; and

 

(6) Making technical, nonsubstantive amendments for clarity, consistency, 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. 1466, S.D. 2, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 1466, S.D. 2, H.D. 2.

 

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

 

 

 

 

____________________________

CHRIS LEE, Chair