STAND. COM. REP. NO. 535

Honolulu, Hawaii

, 2023

RE: H.B. No. 580

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 580, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO VICTIM-COUNSELOR PRIVILEGE,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Expand the victim-counselor privilege under the Hawaii Rules of Evidence to include confidential advocates employed by the University of Hawaii; and

(2) Increase the minimum number of hours of training a domestic violence victims' counselor must complete to be considered a victim counselor.

Your Committee received testimony in support of this measure from the University of Hawai‘i System, Democratic Party of Hawai‘i Education Caucus, Imua Alliance, American Association of University Women of Hawaii, Hawai‘i State Coalition Against Domestic Violence, Sex Abuse Treatment Center, Every Voice Coalition, and four individuals.

Your Committee finds that, despite the availability of confidential advocates at the University of Hawaii, confidentiality concerns remain a deterrent to seeking assistance. According to data collected by the University in the 2021 Systemwide Campus Climate Survey on Sexual Harassment & Gender-Based Violence, of the students who reported experiencing some form of sexual misconduct who did not seek help through the University, 22.2 percent stated they did not report because they feared their experiences would not be kept confidential. This measure seeks to provide the mechanism needed to alleviate a complainant's fear that disclosure could lead to retaliation, further abuse, or harassment.

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. 580, H.D. 1, and recommends that it be referred to your Committee on Finance.

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

____________________________

DAVID A. TARNAS, Chair