STAND. COM. REP. NO. 695

Honolulu, Hawaii

RE: S.B. No. 236

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 236 entitled:

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

begs leave to report as follows:

The purpose and intent 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, Education Caucus of the Democratic Party of Hawai‘i, Women's Caucus of the Democratic Party of Hawai‘i, Every Voice Coalition Hawai‘i, Hawai‘i State Coalition Against Domestic Violence, Imua Alliance, American Association of University Women of Hawaii, and four individuals.

Your Committee finds that there is no mechanism that guarantees confidentiality to students and employees who seek confidential advocacy support within the University of Hawaii System as a result of sexual harassment, sexual assault, domestic violence, and stalking. According to testimony received by your Committee, Hawaii has one of the lowest training requirements for domestic violence advocates. This measure not only ensures that confidential advocates employed by the University of Hawaii provide confidentiality protections to students and employees who seek the counseling services of these campus-based advocates, but also better prepares domestic violence victims' counselors in the State to work with survivors of domestic violence in a trauma-informed and survivor-centered manner.

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. 236 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