Bill Text: HI HB1524 | 2010 | Regular Session | Amended
Bill Title: Contempt of Court; Domestic Violence; Testimony
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [HB1524 Detail]
Download: Hawaii-2010-HB1524-Amended.html
Report Title:
Contempt of Court; Domestic Violence; Testimony
Description:
Directs the department of the prosecuting attorney and the office of the public defender to collaborate on a study investigating factors involved in domestic violence cases where victim testimony and contempt of court are an issue. (HB1524 HD1)
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1524 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO CRIMINAL CONTEMPT OF COURT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Research has shown that as economic difficulties increase, so too do incidents of domestic violence. To combat this increase, it is important to encourage domestic violence victims to come forward and testify against their assailants; however, many victims are either unwilling or unable to provide testimony. In these instances, current statutes provide that the court is able to hold a domestic violence victim in contempt of court should they refuse to testify.
Unfortunately, the factors involved in such cases are complex. Advocacy groups caution that in many instances, a victim has legitimate reasons to refuse to testify, including fear of reprisal or the loss of their social support system. In addition, imprisoning domestic violence victims for contempt of court is, in effect, punishing the victim for the crime.
Oftentimes, however, a victim's testimony is the lynchpin of a domestic abuse case, meaning that if the victim refuses to come forward, there is little possibility that the accused will be convicted, leaving them free to continue the cycle of abuse.
Given the myriad, intersecting factors of domestic violence cases, the purpose of this Act is to direct a study be undertaken to investigate these inherent complexities and recommend potential legislative solutions.
SECTION 2. (a) The department of the prosecuting attorney shall work in conjunction with the office of the public defender to undertake a study to examine the factors involved in domestic abuse cases where contempt of court becomes an issue, including where available:
(1) Statistics related to domestic violence victims providing testimony in court including the:
(A) Rate of domestic violence victims who choose to testify;
(B) Number of domestic violence victims held in contempt of court for not testifying;
(C) Rate of conviction both with and without victim testimony; and
(D) Rate of retaliation threats carried out;
(2) The psychology and motivations of domestic violence victims related to testifying and being compelled to testify;
(3) The consequences following a domestic violence case for both the victim and the accused, regardless of whether there was a conviction; and
(4) The statutory tools currently in place regarding victim testimony.
(b) The department of the prosecuting attorney and the office of the public defender shall collaborate with all interested and willing stakeholders in conducting this study.
(c) Members of this study shall serve without compensation.
(d) The department of the prosecuting attorney and the office of the public defender shall submit a report of their findings and recommendations for appropriate legislation to the legislature no later than twenty days prior to the convening of the regular session of 2010.
SECTION 3. This Act shall take effect upon its approval.
