STAND. COM. REP. NO. 777-22

Honolulu, Hawaii

, 2022

RE: H.B. No. 2422

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 2422 entitled:

"A BILL FOR AN ACT RELATING TO SENTENCING,"

begs leave to report as follows:

The purpose of this measure is to clarify that a family court must impose a sentence for domestic violence intervention, with or without probation, for violations of restraining orders, orders for protection, and abuse of family or household members.

Your Committee received testimony in support of this measure from the Department of the Prosecuting Attorney of the City and County of Honolulu, Hawai‘i State Coalition Against Domestic Violence, and one individual. Your Committee received testimony in opposition to this measure from Office of the Public Defender.

Your Committee finds that the Hawaii Supreme Court misinterpreted state law when it held that domestic violence intervention may only be ordered as a condition of probation for persons who violate temporary restraining orders. Domestic violence intervention, which includes anger management and domestic violence treatment, is important for addressing the root causes of domestic violence. This measure clarifies legislative intent by clearly mandating domestic violence intervention, regardless of whether persons are sentenced with or without probation.

Your Committee has amended this measure by:

(1) Changing the effective date to January 1, 2222, to encourage further discussion; 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 Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2422, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2422, H.D. 1, and be placed on the calendar for Third Reading.

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

____________________________

MARK M. NAKASHIMA, Chair