STAND. COM. REP. NO. 2952

Honolulu, Hawaii

RE: S.B. No. 2396

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 2396, S.D. 1, entitled:

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

begs leave to report as follows:

The purpose and intent of this measure is to clarify that minors who reside in the same household as the victim of domestic abuse will not be compelled by the court to demonstrate that they are a victim of domestic abuse to be named a protected party in an order of protection or a temporary restraining order.

Your Committee received testimony in support of this measure from the Women's Caucus of the Democratic Party of Hawai‘i, Hawai‘i State Coalition Against Domestic Violence, Parents and Children Together, and three individuals.

Your Committee finds that children who witness abuse between parents are victims despite not being physically harmed because they have a higher risk for long-term physical and mental health problems. They have a greater risk of experiencing anxiety and depression and are more likely to resolve conflict by using violence. This measure will protect children by clarifying that a minor who resides in the same household as a victim of domestic abuse may be included in a petition for an order for protection or temporary restraining order and the court shall not require a minor to demonstrate the minor was a victim of domestic violence.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2396, S.D. 1, and recommends that it pass Third Reading.

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

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KARL RHOADS, Chair