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

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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

 

 

STAND. COM. REP. NO. 2212

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 2162

       S.D. 1

 

 

 

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii

 

Madam:

 

     Your Committee on Health, to which was referred S.B. No. 2162 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 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 further requires the Department of Health to provide notice to victims requesting notice in writing of an offender's unauthorized absences from a Department of Health facility or services.

 

     Your Committee received testimony in support of this measure from the Department of the Prosecuting Attorney Victim/Witness Assistance Division, County of Maui and the Crime Victim Compensation Commission.  Your Committee received testimony in opposition to this measure from the Department of Health.  The Department of the Prosecuting Attorney, City and County of Honolulu, provided testimony in support of the intent of the measure with amendments.  Written testimony presented to the Committee may be reviewed on the Legislature's website.

 

     Your Committee finds that this measure provides an important, and previously lacking, means of notifying victims and victims' families of major developments regarding the defendant or perpetrator of a crime against them, particularly in instances where the offender has an unauthorized absence from a facility or services contracted for or operated by the Department of Health and when there are changes in custody, including escape and discharge.

 

     Your Committee has amended this measure by:

 

     (1)  Requiring the Department of Health to provide the foregoing notification to the County Victim Witness Assistance Divisions of the applicable county Department of the Prosecuting Attorney so that these Divisions can assists with providing direct notification to victims and others; and

 

     (2)  Making technical, nonsubstantive changes to ensure clarity and accuracy in the language of this measure.

 

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

 

Respectfully submitted on behalf of the members of the Committee on Health,

 

 

 

____________________________

DAVID Y. IGE, Chair

 

 

 

 

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