STAND. COM. REP. NO. 1613

Honolulu, Hawaii

, 2023

RE: S.B. No. 1267

S.D. 1

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 S.B. No. 1267, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PROTECTIVE ORDERS,"

begs leave to report as follows:

The purpose of this measure is to allow nonresidents to apply for a temporary restraining order or order for protection in cases of domestic abuse and an injunction from further harassment.

Your Committee received testimony in support of this measure from the Hawai‘i State Coalition Against Domestic Violence, Restraining Orders Without Borders, Rise, and six individuals. Your Committee received comments on this measure from the Judiciary.

Your Committee finds that there is a significant gap under existing law as out-of-state victims are prohibited from filing restraining order petitions, even if the offense occurred in the State. This measure closes this gap to ensure that all persons have access to justice. Your Committee notes that the Judiciary requested in their written testimony a delayed effective date of September 1, 2023, in order to implement the operational changes required in this measure.

Your Committee has amended this measure by 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 S.B. No. 1267, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1267, S.D. 1, 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,

____________________________

DAVID A. TARNAS, Chair