STAND. COM. REP. NO. 2377

 

Honolulu, Hawaii

                   

 

RE:     S.B. No. 3083

        S.D. 1

 

 

 

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

 

Sir:

 

     Your Committees on Public Safety and Military Affairs and Energy and Intergovernmental Affairs, to which was referred S.B. No. 3083 entitled:

 

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

 

beg leave to report as follows:

 

     The purpose and intent of this measure is to:

 

     (1)  Require notification to the security forces of each branch of the military when a protective order is issued in a case involving a military-affiliated individual; and

 

     (2)  Require the Judiciary, Department of Law Enforcement, and county police departments to establish certain policies and procedures.

 

     Your Committees received testimony in support of this measure from the United States Department of Defense; Department of Business, Economic Development, and Tourism; Hawaii National Guard; Military and Community Relations Office; Hawaiʻi State Democratic Women's Caucus; Hawaiʻi State Coalition Against Domestic Violence; and two individuals.

 

     Your Committees received testimony in opposition to this measure from the Judiciary.

 

     Your Committees received comments on this measure from one individual.

 

     Your Committees find that interpersonal violence, including harassment and domestic abuse, directly impact military readiness.  When these harmful behaviors involve military personnel, they often cross between military and civilian jurisdictions, requiring collaboration between military and state authorities.  However, there are few existing arrangements to allow for notification between the military and civilian authorities, such as the Judiciary, Department of Law Enforcement, and county police departments.  This measure provides for a notification system between these military and civilian authorities to ensure accountability for interpersonal and domestic violence.

 

     Your Committees have amended this measure by:

 

     (1)  Inserting an effective date of July 1, 2050, to encourage further discussion; and

 

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

 

     Your Committees note the concerns expressed by the Judiciary that this measure, as written, would require the transmission of all orders for protection.  Additionally, while this measure is intended to apply to only orders involving military personnel, the Judiciary lacks the appropriate means to determine which orders are relevant.  Your Committees find that these issues raise concerns that merit further consideration and request further examination by your Committee on Judiciary should it choose to deliberate on this measure.

 

     As affirmed by the records of votes of the members of your Committees on Public Safety and Military Affairs and Energy and Intergovernmental Affairs that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 3083, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 3083, S.D. 1, and be referred to your Committee on Judiciary.

 

Respectfully submitted on behalf of the members of the Committees on Public Safety and Military Affairs and Energy and Intergovernmental Affairs,

 

________________________________

GLENN WAKAI, Chair

 

________________________________

CAROL FUKUNAGA, Chair