STAND. COM. REP. NO. 1003-20

Honolulu, Hawaii

, 2020

RE: H.B. No. 2610

H.D. 2

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committee on Finance, to which was referred H.B. No. 2610, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO DOMESTIC VIOLENCE,"

begs leave to report as follows:

The purpose of this measure is to allow a narrow hearsay exception for statements made by domestic violence victims to certain government officials within twenty-four hours of an incident of domestic violence, even if the statement is testimonial in nature, as long as the statement bears sufficient indicia of reliability.

Your Committee received testimony in support of this measure from Parents and Children Together, Domestic Violence Action Center, and two individuals. Your Committee received testimony in opposition to this measure from the Standing Committee on Rules of Evidence of the Hawaii Supreme Court and Office of the Public Defender. Your Committee received comments on this measure from the Department of the Attorney General, Department of the Prosecuting Attorney of the City and County of Honolulu, and Honolulu Police Department.

Your Committee has amended this measure by:

(1) Clarifying that the narrow hearsay exception shall apply to statements made by domestic violence victims to certain government officials within twenty-four hours of an incident of domestic violence and prior to the defendant being arrested regardless of the availability of the declarant; and

(2) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2610, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 2610, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Finance,

____________________________

SYLVIA LUKE, Chair