THE SENATE                           S.C.R. NO.            184
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                    SENATE  CONCURRENT
                        RESOLUTION
  REQUESTING A STUDY OF HAWAII'S LAWS RELATING TO DOMESTIC
    VIOLENCE PREVENTION.



 1        WHEREAS, domestic violence and abuse continues to be the
 2   greatest threat to the safety and welfare of many families in
 3   our society; and
 4   
 5        WHEREAS, between 1992 and 1997, domestic violence and
 6   abuse homicides made up 24.3 per cent of the total number of
 7   homicides in Hawaii; and
 8   
 9        WHEREAS, among women who are murdered in Hawaii, the
10   majority are killed as a result of a dispute involving someone
11   with whom they have or had an intimate relationship; and
12   
13        WHEREAS, domestic violence and abuse often begins in an
14   elusive and insidious manner, as a perpetrator systematically
15   attempts to gain power and control over another by undermining
16   the victim's self-esteem, identity, and choices; and
17   
18        WHEREAS, domestic violence and abuse is not an isolated
19   event, but is a continuum that may begin as manipulation,
20   humiliation, or intimidation before it escalates to violence;
21   and
22   
23        WHEREAS, domestic violence and abuse includes verbal and
24   emotional abuse as well as physical abuse; and
25   
26        WHEREAS, the dynamics of domestic violence and abuse in
27   certain "lesser" criminal offenses, such as harassment, are not
28   recognized under present law, thus precluding the opportunity
29   to provide meaningful protection to the victim and appropriate
30   intervention and sanctions for the offender; and
31   
32        WHEREAS, although arrests for domestic violence and abuse
33   have increased over the past decade, the conviction rate
34   remains at about 30 per cent; and
35   

 
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 1        WHEREAS, without court intervention to break the cycle of
 2   violence, many women and children remain at substantial risk of
 3   harm or death; and
 4   
 5        WHEREAS, it is apparent that there are a number of "pukas"
 6   in our system that prevent women and children from receiving
 7   the protection our laws are intended to afford; and
 8   
 9        WHEREAS, each legislative session, numerous laws relating
10   to domestic violence and abuse are introduced to resolve such
11   problems and strengthen protections to women and children; and
12   
13        WHEREAS, during the Regular Session of 1999, over one
14   hundred bills relating to domestic violence or to abuse were
15   introduced; and
16   
17        WHEREAS, much of Hawaii's domestic violence and abuse laws
18   has been enacted on a piecemeal or "patchwork" basis, thus
19   allowing for loopholes and inconsistencies; and
20   
21        WHEREAS, for example, a number of inconsistencies exist
22   between provisions relating to protective orders that may be
23   issued by the district court and those issued by the family
24   court; and
25   
26        WHEREAS, a thorough review is needed of Hawaii's domestic
27   violence and abuse laws to identify loopholes and
28   inconsistencies; now, therefore,
29   
30        BE IT RESOLVED by the Senate of the Twentieth Legislature
31   of the State of Hawaii, Regular Session of 1999, the House of
32   Representatives concurring, that the Legislative Reference
33   Bureau is requested to study Hawaii's domestic violence and
34   abuse laws, including laws relating to protective orders; and
35   
36        BE IT FURTHER RESOLVED that the Bureau is requested to
37   include in its study:
38   
39        (1)  A review of relevant statutory provisions;
40   
41        (2)  An examination of those bills relating to domestic
42             violence and abuse introduced during the Regular
43             Session of 1999 that, in the Bureau's opinion,
44             deserve consideration for purposes of the study;
45   

 
 
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 1        (3)  A discussion of any progressive laws relating to
 2             domestic violence and abuse from other states that,
 3             in the opinion of the Bureau, may contribute to a
 4             better understanding or elucidation of the issues
 5             raised herein or to possible solutions; and
 6   
 7        (4)  Recommendations for a recodification of the domestic
 8             violence and abuse laws as necessary to enhance the
 9             protection of victims and provide for uniformity and
10             consistency, where applicable, particularly in laws
11             relating to protective orders; and
12   
13        BE IT FURTHER RESOLVED that the following are requested to
14   provide assistance to the Bureau upon request:  the Judiciary,
15   the Department of the Attorney General, the State Public
16   Defender, the office of the prosecuting attorney and the police
17   department in each of the counties, the Hawaii State Commission
18   on the Status of Women, the Hawaii State Coalition Against
19   Domestic Violence, Child and Family Services, Parents and
20   Children Together, and the Domestic Violence Clearinghouse and
21   Legal Hotline; and
22   
23        BE IT FURTHER RESOLVED that the Bureau submit its findings
24   and recommendations, including any proposed legislation, to the
25   Legislature no later than twenty days before the convening of
26   the Regular Session of 2000; and
27   
28        BE IT FURTHER RESOLVED that certified copies of this
29   Resolution be transmitted to the Attorney General, the State
30   Public Defender, the prosecuting attorney and the chief of
31   police in each of the counties, the Executive Director of the
32   Hawaii State Commission on the Status of Women, the Executive
33   Director of the Hawaii State Coalition Against Domestic
34   Violence, the Chairperson of the Board of Directors of the
35   Child and Family Services, the Executive Director of Parents
36   and Children Together, and the Executive Director of the
37   Domestic Violence Clearinghouse and Legal Hotline.
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42                         OFFERED BY:  ____________________________