STAND. COM. REP. NO. 844

 

Honolulu, Hawaii

                  

 

RE:    H.B. No. 238

       H.D. 2

 

 

 

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

 

Sir:

 

     Your Committee on Human Services, to which was referred H.B. No. 238, H.D. 2, entitled:

 

"A BILL FOR AN ACT RELATING TO TEMPORARY RESTRAINING ORDERS,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to provide additional penalties for the first conviction for a violation of a temporary restraining order, if the person has a prior conviction of certain specified offenses against a family or household member.

 

     Your Committee received testimony in support of this measure from the Department of the Attorney General, City and County of Honolulu Department of the Prosecuting Attorney, Hawaii State Coalition Against Domestic Violence, and two individuals.  Your Committee received testimony in opposition to this measure from the Office of the Public Defender and one individual.

 

     Under current law, a first-time violator of a temporary restraining order is subject to a mandatory minimum jail sentence of forty-eight hours.  This measure increases that mandatory minimum term to fifteen days for persons convicted of specified prior offenses indicating acts of abuse, violence, or depravity against family or household members.

 

     The intent of your Committee is to enhance the protection of victims of domestic violence by increasing penalties for persons who violate temporary restraining orders by sending a clear warning to these individuals that any violation of a temporary restraining order will not be tolerated with leniency.

 

     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 H.B. No. 238, H.D. 2, and recommends that it pass Second Reading and be referred to the Committee on Judiciary and Labor.

 

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

 

		____________________________ SUZANNE CHUN OAKLAND, Chair