STAND. COM. REP. NO. 3674

 

Honolulu, Hawaii

                  

 

RE:    H.B. No. 2425

       H.D. 1

       S.D. 1

 

 

 

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

 

Sir:

 

     Your Committee on Commerce, Consumer Protection, and Health, to which was referred H.B. No. 2425, H.D. 1, entitled:

 

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

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to:

 

     (1)  Amend the definition of "domestic abuse" under Hawaii's insurance laws and laws relating to domestic abuse protective orders to include coercive control between family or household members; and

 

     (2)  Define "coercive control."

 

     Prior to the hearing on this measure, your Committee posted and made available for public review a proposed S.D. 1, which amends this measure by inserting an effective date of upon its approval.

 

     Your Committee received testimony in support of this measure or the proposed S.D. 1 from the Hawaii State Coalition Against Domestic Violence, Domestic Violence Action Center, Parents and Children Together, Hawaii Psychological Association, and twelve individuals.

 

     Your Committee finds that there are various coercive and manipulating tactics that can be used to harass or control domestic partners, and many victims in Hawaii are abused without physical proof, which can limit their access to protective orders because the abuse may not meet the current statutory definition.  By amending the State's legal definition of "domestic abuse" to include "coercive control", victims of non-physical domestic violence can be more empowered to pursue legal protections from their abusers.  In light of the recent increase in domestic abuse cases reported during the COVID-19 pandemic, this measure expands the definition of domestic abuse to include "coercive control" so that survivors who have been victimized in other ways, such as their abuser isolating them from friends and family, restricting access to funds, or monitoring activities or communications, can gain more access to legal protections for themselves and their loved ones.

 

     Your Committee has amended this measure by adopting the proposed S.D. 1.

 

     As affirmed by the record of votes of the members of your Committee on Commerce, Consumer Protection, and Health that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2425, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2425, H.D. 1, S.D. 1, and be referred to your Committees on Judiciary and Ways and Means.

 

Respectfully submitted on behalf of the members of the Committee on Commerce, Consumer Protection, and Health,

 

 

 

________________________________

ROSALYN H. BAKER, Chair