Bill Text: HI SB2060 | 2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Accused to Transport Witness or Witnesses; Prosecuting Attorney's Package

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2012-03-22 - (H) Passed Second Reading and referred to the committee(s) on JUD with none voting aye with reservations; none voting no (0) and Chang, Herkes, Nakashima excused (3). [SB2060 Detail]

Download: Hawaii-2012-SB2060-Amended.html

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STAND. COM. REP. NO. 2589

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 2060

       S.D. 2

 

 

 

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

 

Sir:

 

     Your Committee on Ways and Means, to which was referred S.B. No. 2060, S.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO ACCUSED TO TRANSPORT WITNESS OR WITNESSES,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to facilitate the prosecution of domestic violence cases by allowing family courts, under certain conditions, to require the accused in a criminal matter to transport any material witness to court, if the witness is a minor, elderly person, or incapacitated person who resides with or is under the custody of the accused.

 

Your Committee finds that in some instances, domestic violence cases fail to proceed to trial because the court did not have express authority to order the defendant to transport a minor, elder, or incapacitated witness to court.  These cases reach a standstill when the accused may be intentionally precluding the appearance of the witness in court, particularly in cases where the witness is the alleged victim of the accused.  This measure seeks to empower family courts to hear domestic violence cases in which minors, elders, and incapacitated individuals may have been victimized by their own relatives or caregivers.

 

     Your Committee has amended this measure by making technical nonsubstantive amendments for the purpose of clarity.

 

     As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2060, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2060, S.D. 2.

 

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

 

		____________________________ DAVID Y. IGE, Chair