Bill Text: HI SB2162 | 2010 | Regular Session | Amended

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Bill Title: Victims Rights; Department of Health Notification

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2010-03-04 - (H) Referred to HLT, JUD, referral sheet 37 [SB2162 Detail]

Download: Hawaii-2010-SB2162-Amended.html

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STAND. COM. REP. NO. 2551

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 2162

       S.D. 2

 

 

 

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii

 

Madam:

 

     Your Committee on Judiciary and Government Operations, to which was referred S.B. No. 2162, S.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO THE RIGHTS OF VICTIMS,"

 

begs leave to report as follows:

 

     The purpose of this measure is to amend the Crime Victims' Bill of Rights to include notice to the victim and surviving immediate family members as to an offender's unfitness to stand trial, transfer to the state hospital or other psychiatric facility, or regaining fitness to proceed.

 

     This measure also requires the Director of Health to provide notification of an offender's unauthorized absences to the victim witness assistance division of the applicable county department of the prosecuting attorney, so that the victim witness assistance division can in turn notify the victim and surviving immediate family members by the most reasonable and expedient means.

 

     Your Committee finds that the safety, emotional, and justice needs of victims are equally compelling when an offender is confined in a mental health facility as when a convict is incarcerated in a prison.  Under existing law, victims and surviving immediate family members, upon written request, must be notified of "major developments" in certain felony cases.  However, clarification of "major developments" is required to ensure timely notification of certain planned custodial changes for the offender and unauthorized absences of the offender.  This measure provides that clarification.

 

 

 

     Your Committee has amended this measure by making technical, nonsubstantive amendments.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2162, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2162, S.D. 2.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary and Government Operations,

 

		____________________________ BRIAN T. TANIGUCHI, Chair