Bill Text: HI SB2142 | 2012 | Regular Session | Amended

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Bill Title: Child Abuse; Permanent Protective Order; Sexual Abuse

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-02-17 - (S) Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDL. [SB2142 Detail]

Download: Hawaii-2012-SB2142-Amended.html

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STAND. COM. REP. NO. 2347

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 2142

       S.D. 1

 

 

 

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

 

Sir:

 

     Your Committee on Human Services, to which was referred S.B. No. 2142 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:

 

     (1)  Authorize the court to issue a permanent protective order to prevent sexual offenses or child abuse or a recurrence of such acts between family or household members; and

 

     (2)  Amend the definition of "domestic abuse" in section 586‑1, Hawaii Revised Statutes, to include sexual offenses or child abuse committed by one family or household member against another family or household member, regardless of age.

 

     Your Committee received testimony in support of this measure from two individuals.  Your Committee received testimony in opposition to this measure from the Department of Human Services.

 

     Your Committee finds that permanent protective orders can be a legal remedy to prevent further harm of children, specifically through sexual offenses or child abuse.  This measure will establish the basis for a permanent protective order if a protective order is issued to prevent sexual offenses or child abuse.

 

Your Committee notes that according to the testimony of the Department of Human Services, the measure, as currently drafted, would make all offenses covered by chapter 707, parts V and VI, Hawaii Revised Statutes, including misdemeanors and petty misdemeanors, the basis for issuance of a permanent protective order.  This broad application for issuing a permanent protective order could prevent the engagement and growth necessary for family members to change their behavior and develop the knowledge, skills, and ability to provide a safe family home for their children.

 

     Your Committee has therefore amended this measure by:

 

     (1)  Specifying that a permanent protective order shall be granted based on an act that would constitute felony sexual assault or felony child abuse; and

 

     (2)  Changing the effective date to July 1, 2050, to ensure further discussion.

 

     As affirmed by the record of votes of the members of your Committee on Human Services that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2142, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2142, S.D. 1, and be referred to the Committee on Judiciary and Labor.

 

Respectfully submitted on behalf of the members of the Committee on Human Services,

 

		____________________________ SUZANNE CHUN OAKLAND, Chair