Bill Text: HI SCR163 | 2017 | Regular Session | Amended
Bill Title: Requesting The Judiciary, In Cooperation With The Police Department Of Each County And Prosecutor Of Each County, To Annually Compile And Report On Statistics Regarding Arrests, Charges, And Convictions Or Other Dispositions Based On Or Related To The Offense Of Abuse Of A Family Or Household Member.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2017-04-07 - Referred to JUD, FIN, referral sheet 41 [SCR163 Detail]
Download: Hawaii-2017-SCR163-Amended.html
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THE SENATE |
S.C.R. NO. |
163 |
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TWENTY-NINTH LEGISLATURE, 2017 |
S.D. 1 |
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STATE OF HAWAII |
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SENATE CONCURRENT
RESOLUTION
REQUESTING THE judiciary, in cooperation with the police department of each county and prosecutor of each county, to annually compile and report on statistics regarding arrests, charges, and convictions or other dispositions based on or related to the offense of abuse of a family or household member.
WHEREAS, domestic violence is a serious social issue in Hawaii; and
WHEREAS, despite a number of state laws that protect victims of domestic violence, aim to prevent future incidents of domestic violence, and penalize and provide assistance to domestic violence offenders, the rates of domestic violence occurring in Hawaii have not decreased; and
WHEREAS, of greater concern is the number of domestic violence incidents committed by repeat domestic violence offenders; and
WHEREAS, advocates for stronger domestic violence laws contend that part of the problem is that existing law is being circumvented, resulting in a lack of any real consequences on domestic violence offenders, and consequently, no change in their behavior; and
WHEREAS, it is necessary to obtain accurate data, from arrest to final judicial action, in order to determine if more tailored laws are necessary to ensure that domestic violence offenders receive appropriate consequences and services for offenders to change their behavior and reduce repeat offenses; and
WHEREAS, current uniform crime statistics data do not focus on the offense of abuse of a family or household member, and therefore it is necessary for the criminal justice system to provide specific insight on how arrests, charges, and convictions or other dispositions based on or related to the offense of abuse of a family or household member are currently handled by the police, county prosecutors, and courts in order to establish and implement more tailored laws that prevent domestic violence; now, therefore,
BE IT RESOLVED by the Senate of the Twenty-ninth Legislature of the State of Hawaii, Regular Session of 2017, the House of Representatives concurring, that the Judiciary, in cooperation with the police department of each county and prosecutor of each county, is requested to annually compile and report on statistics regarding arrests, charges, and convictions or other dispositions based on or related to the offense of abuse of a family or household member; and
BE IT FURTHER RESOLVED that in compiling this annual statistical report, the Judiciary is requested to collect the following information from the police department of each county:
(1) The number of arrests made pursuant to section 709-906, Hawaii Revised Statutes;
(2) The number of cases based on arrests made pursuant to section 709-906, Hawaii Revised Statutes, referred to the county prosecutor;
(3) The number of investigations relating to section 709-906, Hawaii Revised Statutes, that are pending on June 30, 2017, 2018, and 2019; and
(4) The number of cases relating to section 709-906, Hawaii Revised Statutes, that were closed and not referred to the county prosecutor for further action; and
BE IT FURTHER RESOLVED that in compiling this annual statistical report, the Judiciary is requested to collect the following information from the prosecutor of each county:
(1) The number of cases based on arrests made pursuant to section 709-906, Hawaii Revised Statutes, that were referred by the police department for charging;
(2) The number of felony charges based on section 709-906, Hawaii Revised Statutes;
(3) The number of misdemeanor charges based on section 709-906, Hawaii Revised Statutes;
(4) The number of charges made pursuant to section 709-906, Hawaii Revised Statutes, that were amended, including an amended charge of a lesser included offense of section 709-906, Hawaii Revised Statutes, or other criminal offense charge, and a description of the amendments made to those charges;
(5) The number of cases based on arrests made pursuant to a criminal offense other than section 709-906, Hawaii Revised Statutes, that were referred by the police department for charging and subsequently charged with section 709-906, Hawaii Revised Statutes;
(6) The number of cases relating to section 709-906, Hawaii Revised Statutes, that are pending on June 30, 2017, 2018, and 2019; and
(7) The number of cases relating to section 709-906, Hawaii Revised Statutes, that were closed or no further action was taken by the prosecutor; and
BE IT FURTHER RESOLVED that the Judiciary is requested to provide in this annual statistical report:
(1) A compilation and analysis of the statistics received from the police department of each county and the prosecutor of each county;
(2) The number of cases that resulted in felony convictions of section 709-906, Hawaii Revised Statutes, were dismissed, or resulted in any other disposition;
(3) The number of cases that resulted in misdemeanor convictions of section 709-906, Hawaii Revised Statutes, were dismissed, or resulted in any other disposition; and
(4) The number of cases that resulted in a conviction of a lesser included offense of section 709-906, Hawaii Revised Statutes, or other criminal offense, were dismissed, or resulted in any other disposition, including a deferred acceptance of guilty plea or nolo contendere plea; and
BE IT FURTHER RESOLVED that the Judiciary is requested to submit a written report of its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Sessions of 2018, 2019, and 2020; and
BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chief Justice of the Supreme Court of Hawaii, Administrative Director of the Courts, Chief of Police of the City and County of Honolulu, Chief of Police of the County of Hawaii, Chief of Police of the County of Maui, Chief of Police of the County of Kauai, Prosecutor of the City and County of Honolulu, Prosecutor of the County of Hawaii, Prosecutor of the County of Maui, and Prosecutor of the County of Kauai.
Offense of Abuse of a Family of Household Member; Judiciary; Police; Prosecutors; Study; Report
