HB2117 HD1 HSCR540-02

 

STAND. COM. REP. NO.540-02

Honolulu, Hawaii

, 2002

RE: H.B. No. 2117

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 2117 entitled:

"A BILL FOR AN ACT RELATING TO HAWAII PENAL CODE,"

begs leave to report as follows:

The purpose of the bill is to clarify sentencing provisions in domestic abuse cases to delete overlapping references to first, second, third, and subsequent convictions.

Your Committee received testimony in support of this measure from the Honolulu Police Department and the Hawaii State Coalition Against Domestic Violence. The Department of the Attorney General and the Department of the Prosecuting Attorney for the City and County of Honolulu supported the intent of the measure.

Your Committee finds that overlapping references to first, second, third and subsequent convictions in the sentencing provisions of domestic abuse statutes present problems as indicated by the Hawaii Supreme Court case, State v. Modica. This measure will eliminate the problems and clarify the law.

Your Committee has amended this bill by:

(1) Deleting the purpose section; and

(2) Making technical, nonsubstantive amendments for style and clarity.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2117, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2117, H.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,

 

		____________________________ ERIC G. HAMAKAWA, Chair