STAND. COM. REP. NO. 2932

Honolulu, Hawaii

RE:    H.B. No. 1570

       H.D. 1

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2014

State of Hawaii

Madam:

     Your Committee on Public Safety, Intergovernmental and Military Affairs, to which was referred H.B. No. 1570, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO ABUSE OF FAMILY OR HOUSEHOLD MEMBER,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Provide protection to family or household abuse victims by specifying that the period of separation that a police officer can order under suspicion of physical abuse or harm is two business days from the day the order is issued; and

     (2)  Define "business day" as any calendar day, except Saturday, Sunday, or a state holiday.

     Your Committee received testimony in support of this measure from the Department of the Prosecuting Attorney of the City and County of Honolulu; Department of the Prosecuting Attorney of the County of Maui; Department of the Prosecuting Attorney of the County of Kauai; Office of the Prosecuting Attorney of the County of Hawaii; Honolulu Police Department; Maui Police Department; and two individuals.

     Your Committee finds that the intent of the forty-eight hour period of separation in cases of actual or probable family or household abuse is to keep the abuser or potential abuser away from the victim and give the victim time to get a restraining order and find a safe shelter.  However, under existing law when the abuse occurs at certain times or on certain days, the victim does not receive the benefit of the forty-eight hour separation period or does not have sufficient time to obtain a restraining order or shelter because government agencies and many private organizations are closed on weekends and holidays.  This measure will give abuse victims additional time to get help and legal protection by extending the period of separation that a law enforcement officer shall order under specified circumstances.

     As affirmed by the record of votes of the members of your Committee on Public Safety, Intergovernmental and Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1570, H.D. 1 and recommends that it pass Second Reading and be referred to the Committee on Judiciary and Labor.

Respectfully submitted on behalf of the members of the Committee on Public Safety, Intergovernmental and Military Affairs,

____________________________

WILL ESPERO, Chair