Bill Text: HI SB2505 | 2012 | Regular Session | Amended

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

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Bill Title: Feasibility Study; Temporary Restraining Orders; Electronic Application

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2012-03-14 - (H) Passed Second Reading as amended in HD 1 and referred to the committee(s) on JUD with none voting aye with reservations; none voting no (0) and Herkes excused (1). [SB2505 Detail]

Download: Hawaii-2012-SB2505-Amended.html

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STAND. COM. REP. NO. 2491

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 2505

       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 Judiciary and Labor, to which was referred S.B. No. 2505 entitled:

 

"A BILL FOR AN ACT RELATING TO TEMPORARY RESTRAINING ORDERS,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to allow the court to issue a temporary restraining order (TRO) based on sworn oral testimony communicated to the court by telephone, radio, or other means of electronic voice communication when exigent circumstances exist that prevent the applicant from appearing in person.

 

     Your Committee received testimony in opposition to this measure from the Judiciary, the Office of the Public Defender, the Hawaii State Commission on the Status of Women, the Hawaii State Coalition Against Domestic Violence, the Windward Oahu Branch of the American Association of University Women, and one private individual.

 

     Your Committee finds that under current law a court may grant an ex parte TRO based on a written application that serves as a sworn statement describing the reasons a TRO is necessary.  Thereafter a judge will review the application and determine whether to issue a TRO based on the statements in the application.

 

     Your Committee is particularly concerned with situations where an abused victim needs a TRO immediately in order to protect oneself from further harm, but due to exigent circumstances, is unable to submit a written application to the court.  This measure provides the means for such victims to immediately obtain a TRO by allowing courts to accept sworn oral testimony by telephone, radio, and other means of electronic voice communication.

 

     Your Committee is aware of the testimonies in opposition to this measure, and the concerns raised regarding how sworn oral testimony will be accepted and verified, whether the courts have the means to implement this measure, and whether this measure may diminish the enforceability of a temporary restraining order. 

 

     Your Committee believes the intent of this measure can be developed and effectively implemented to enable victims of abuse the opportunity to more easily protect themselves using current electronic technologies.

 

     Your Committee has amended this measure by inserting an effective date of July 1, 2050, to ensure further discussion.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2505, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2505, S.D. 1, and be placed on the calendar for Third Reading.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

 

		____________________________ CLAYTON HEE, Chair