Bill Text: HI HB238 | 2012 | Regular Session | Amended

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Bill Title: Temporary Restraining Order; Violations

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-07-06 - (S) Act 206, 7/3/2012 (Gov. Msg. No. 1309). [HB238 Detail]

Download: Hawaii-2012-HB238-Amended.html

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STAND. COM. REP. NO. 2063

 

Honolulu, Hawaii

                  

 

RE:    H.B. No. 238

       H.D. 2

       S.D. 1

 

 

 

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary and Labor, 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 create special sentencing provisions for a first time temporary restraining order offender who has a prior conviction for a specified felony offense committed against a family or household member.

 

     Your Committee received testimony in support of this measure from the Department of the Prosecuting Attorney of the City and County of Honolulu.  Testimony in opposition to this measure was submitted by the Office of the Public Defender.  The Department of the Attorney General submitted comments.

 

     Your Committee finds that existing law requires a person who has a first conviction for a violation of a temporary restraining order to serve a minimum jail sentence of forty-eight hours and be fined no less than $150 and no more than $500.  Adding a minimum jail sentence of fifteen days and a fine of no less than $150 and no more than $600 for a first time violation of a temporary restraining order offender with a prior conviction for certain felony offenses against a family or household member will aid in the reduction of domestic violence cases.

 

     Your Committee has amended this measure by:

 

     (1)  Changing the effective date from January 7, 2059, to July 1, 2012; and

 

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 238, H.D. 2, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 238, H.D. 2, S.D. 1.

 

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

 

		____________________________ CLAYTON HEE, Chair