STAND. COM. REP. NO. 2368
RE: S.B. No. 2346
Honorable Ronald D. Kouchi
President of the Senate
Thirtieth State Legislature
Regular Session of 2020
State of Hawaii
Your Committee on Human Services, to which was referred S.B. No. 2346 entitled:
"A BILL FOR AN ACT RELATING TO TEMPORARY RESTRAINING ORDERS, PROTECTIVE ORDERS, AND INJUNCTIONS,"
begs leave to report as follows:
The purpose and intent of this measure is to clarify that the effective period of a protective order, temporary restraining order, or injunction that restrains any party from contacting, threatening, or physically abusing or harassing a minor may extend to a date after the minor has reached 18 years of age.
Your Committee received testimony in support of this measure from the Hawaii Youth Services Network, American Association of University Women-Hawaii, Planned Parenthood Votes Northwest and Hawaii, Hawaii Women's Coalition, and two individuals.
Your Committee finds that temporary restraining orders, protective orders, and injunctions that restrains a person from contacting, threatening, physically abusing, or harassing a minor typically are issued to expire when the minor reaches the age of majority because there is ambiguity whether the courts have the authority to issue these orders for a period that extends beyond the date when the minor turns eighteen years of age. This forces the now eighteen-year-old who was previously protected to return to court to obtain a new court order.
This measure therefore clarifies that the courts have the authority to issue temporary restraining orders, protective orders, and injunctions for up to a reasonable period of time after a protected minor reaches the age of majority.
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 S.B. No. 2346 and recommends that it pass Second Reading and be referred to your Committee on Judiciary.
Respectfully submitted on behalf of the members of the Committee on Human Services,
RUSSELL E. RUDERMAN, Chair