STAND. COM. REP. NO. 1278-20

Honolulu, Hawaii

, 2020

RE: S.B. No. 2638

S.D. 2

H.D. 3

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 S.B. No. 2638, S.D. 2, H.D. 2, entitled:

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

begs leave to report as follows:

The purpose of this measure is to:

(1) Establish a five-year pilot project to strengthen state and county responses to domestic violence and increase offender accountability by:

(A) Establishing a petty misdemeanor offense of abuse of family or household members;

(B) Clarifying the penalties for violations; and

(C) Allowing a deferred acceptance of guilty plea for misdemeanor and petty misdemeanor abuse of family or household members offenses;

(2) Make consistent the types of documents accepted as proof of domestic or sexual violence victim status; and

(3) Require the Judiciary to submit annual reports on the number and outcome of abuse cases.

Your Committee received testimony in support of this measure from the Judiciary, AAUW of Hawaii, Planned Parenthood Votes Northwest and Hawaii, and four individuals. Your Committee received testimony in opposition to this measure from the Department of the Prosecuting Attorney of the City and County of Honolulu and Honolulu Police Department. Your Committee received comments on this measure from the Department of the Attorney General, Domestic Violence Action Center, and one individual.

Your Committee has amended this measure by:

(1) Allowing courts to impose a one-year probationary period for a petty misdemeanor of abuse of family or household members, to ensure that defendants placed on probation will have sufficient time to complete mandatory terms imposed by courts and that the probationary time is equal to that of defendants placed on a period of deferral; 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 S.B. No. 2638, S.D. 2, H.D. 2, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2638, S.D. 2, H.D. 3.

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

____________________________

SYLVIA LUKE, Chair