Bill Text: HI SB2183 | 2010 | Regular Session | Amended

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Bill Title: Domestic Abuse Orders

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2010-03-15 - (H) Passed Second Reading and referred to the committee(s) on JUD with none voting no (0) and Carroll, Manahan, Souki, Takumi excused (4). [SB2183 Detail]

Download: Hawaii-2010-SB2183-Amended.html

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STAND. COM. REP. NO.  741-10

 

Honolulu, Hawaii

                , 2010

 

RE:   S.B. No. 2183

      S.D. 1

 

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii

 

Sir:

 

     Your Committee on Human Services, to which was referred S.B. No. 2183, S.D. 1, entitled:

 

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

 

begs leave to report as follows:

 

     The purpose of this bill is to ensure that victims of domestic abuse are afforded continuous protection under restraining or protective orders issued by the court by authorizing a temporary restraining order to remain in effect for 90 days or until service of a protective order, whichever comes first.

 

     The Prosecuting Attorney and Police Department of the City and County of Honolulu, County of Hawaii Police Department, and Hawaii State Coalition Against Domestic Violence testified in support of this bill.

 

     Your Committee finds that a temporary restraining order remains in effect for up to 90 days, but becomes invalid if a protective order is issued by the court during that time.  A protective order, however, is not fully effective until it is served on the respondent.  Thus, if a petitioner is granted a protective order and the respondent is proficient at avoiding service, the petitioner is left without legal protection until the protective order can be served.  This bill would strengthen legal protections for victims of domestic abuse by removing this loophole in the law.

 

     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. 2183, S.D. 1, and recommends that it pass Second Reading and be referred to the Committee on Judiciary.

 

 

Respectfully submitted on behalf of the members of the Committee on Human Services,

 

 

		____________________________ JOHN M. MIZUNO, Chair