STAND. COM. REP. NO. 816

 

Honolulu, Hawaii

 

RE: S.B. No. 1267

S.D. 1

 

 

 

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

 

Sir:

 

Your Committee on Judiciary, to which was referred S.B. No. 1267 entitled:

 

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

 

begs leave to report as follows:

 

The purpose and intent of this measure is to:

 

(1) Allow nonresidents to apply for a temporary restraining order or order for protection in cases of domestic abuse; and

 

(2) Allow nonresidents to apply for a temporary restraining order and an injunction from further harassment.

 

Your Committee received testimony in support of this measure from Restraining Orders Without Borders, Rainbow Family 808, Hawaii State Coalition Against Domestic Violence, and eleven individuals. Your Committee received comments on this measure from the Judiciary.

 

Your Committee finds that states inconsistently apply case law and the minimum contacts requirement when determining jurisdiction in cases of interstate sexual and domestic violence. As a result, courts are denying restraining orders to resident survivors due to jurisdiction concerns over a nonresident offender, leaving the survivor to turn to the offender's court for protection. In Hawaii, this is not possible, as a nonresident may not petition for a restraining order. This measure will protect nonresident victims from their harasser in the State.

 

Your Committee heard the testimony of the Judiciary, and accordingly has amended this measure by:

 

(1) Specifying that an application for a temporary restraining order may be filed in the family court in the circuit in which:

 

(A) The petitioner resides or is temporarily located;

 

(B) The respondent resides;

 

(C) The subject of the petition, a petitioner's family or household member who is a minor or who is an incapacitated person, or who is physically unable to go to the appropriate place to complete or file the petition, resides or is temporarily located; or

 

(D) The domestic abuse occurred; and

 

(2) Specifying that any person who has been subjected to harassment may petition the district court for a temporary restraining order and an injunction from further harassment in the district in which:

 

(A) The petitioner resides or is temporarily located;

 

(B) The respondent resides; or

(C) The harassment occurred.

 

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. 1267, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1267, S.D. 1, and be placed on the calendar for Third Reading.

 

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

 

 

 

________________________________

KARL RHOADS, Chair