Hawaii 2022 Regular Session

Hawaii Senate Bill SR49 Compare Versions

Only one version of the bill is available at this time.

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1	1	THE SENATE S.R. NO. 49 THIRTY-FIRST LEGISLATURE, 2022 STATE OF HAWAII SENATE RESOLUTION requesting the judiciary TO PERMANENTLY PROVIDE AN OPTION allowING PETITIONERS oF temporary restraining orders to remotely testify for THOSE hearings.
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3	3	THE SENATE S.R. NO. 49
4	4	THIRTY-FIRST LEGISLATURE, 2022
5	5	STATE OF HAWAII
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7	7	THE SENATE
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9	9	S.R. NO.
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13	13	THIRTY-FIRST LEGISLATURE, 2022
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17	17	STATE OF HAWAII
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29	29	SENATE RESOLUTION
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35	35	requesting the judiciary TO PERMANENTLY PROVIDE AN OPTION allowING PETITIONERS oF temporary restraining orders to remotely testify for THOSE hearings.
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41	41	WHEREAS, since the onset of the coronavirus disease 2019 (COVID-19) pandemic, there has been an increase in gender-based violence against women in Hawaii, especially through domestic and intimate partner violence; and WHEREAS, the Domestic Violence Action Center's Helpline reported a forty-six percent increase in calls to report cases of domestic and intimate partner violence from late March to early October 2022; and WHEREAS, due to the adversarial nature of the legal system, petitioners of temporary restraining orders (TROs) must face their alleged abusers in court before their TRO requests could be granted, which can lead to retraumatization; and WHEREAS, a 2020 study by the University of Arizona found that eighty-one percent of legal advocates indicated that many, most, or all of their clients identified the behaviors of the alleged abusers or abusers' associates in court as a source of retraumatization; and WHEREAS, adopting a victim-centered approach and giving petitioners of TROs the option to testify without being in the same physical space as their alleged abusers provides a safe space for domestic and intimate partner violence survivors within the adversarial court system; and WHEREAS, allowing petitioners of TROs to remotely testify for those hearings would not only encourage domestic and intimate partner violence survivors to obtain a temporary restraining order against their abusers without fear of retaliation, but also prevent the infliction of further trauma on the petitioner while preserving the defendant's constitutional right to confront adverse witnesses during a hearing for a TRO; and WHEREAS, as a result of the COVID-19 pandemic, the Judiciary has increased the use of remote technology, including telephonic or video conferencing technology, to conduct court proceedings; now, therefore, BE IT RESOLVED by the Senate of the Thirty-first Legislature of the State of Hawaii, Regular Session of 2022, that the Judiciary is requested to permanently provide an option allowing petitioners of temporary restraining orders to remotely testify for those hearings; and BE IT FURTHER RESOLVED that the Judiciary is requested to establish parameters to allow remote testimony for petitioners of TROs where certain conditions are present, such as domestic violence, intimate partner violence, or where petitioners are diagnosed with post-traumatic stress disorder; and BE IT FURTHER RESOLVED that a certified copy of this Resolution be transmitted to the Chief Justice of the Hawaii Supreme Court. OFFERED BY: _____________________________ Report Title: Judiciary; Remote Testimony; Temporary Restraining Orders; Hearings
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43	43	WHEREAS, since the onset of the coronavirus disease 2019 (COVID-19) pandemic, there has been an increase in gender-based violence against women in Hawaii, especially through domestic and intimate partner violence; and
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47	47	WHEREAS, the Domestic Violence Action Center's Helpline reported a forty-six percent increase in calls to report cases of domestic and intimate partner violence from late March to early October 2022; and
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51	51	WHEREAS, due to the adversarial nature of the legal system, petitioners of temporary restraining orders (TROs) must face their alleged abusers in court before their TRO requests could be granted, which can lead to retraumatization; and
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55	55	WHEREAS, a 2020 study by the University of Arizona found that eighty-one percent of legal advocates indicated that many, most, or all of their clients identified the behaviors of the alleged abusers or abusers' associates in court as a source of retraumatization; and
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59	59	WHEREAS, adopting a victim-centered approach and giving petitioners of TROs the option to testify without being in the same physical space as their alleged abusers provides a safe space for domestic and intimate partner violence survivors within the adversarial court system; and
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63	63	WHEREAS, allowing petitioners of TROs to remotely testify for those hearings would not only encourage domestic and intimate partner violence survivors to obtain a temporary restraining order against their abusers without fear of retaliation, but also prevent the infliction of further trauma on the petitioner while preserving the defendant's constitutional right to confront adverse witnesses during a hearing for a TRO; and
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67	67	WHEREAS, as a result of the COVID-19 pandemic, the Judiciary has increased the use of remote technology, including telephonic or video conferencing technology, to conduct court proceedings; now, therefore,
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71	71	BE IT RESOLVED by the Senate of the Thirty-first Legislature of the State of Hawaii, Regular Session of 2022, that the Judiciary is requested to permanently provide an option allowing petitioners of temporary restraining orders to remotely testify for those hearings; and
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75	75	BE IT FURTHER RESOLVED that the Judiciary is requested to establish parameters to allow remote testimony for petitioners of TROs where certain conditions are present, such as domestic violence, intimate partner violence, or where petitioners are diagnosed with post-traumatic stress disorder; and
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79	79	BE IT FURTHER RESOLVED that a certified copy of this Resolution be transmitted to the Chief Justice of the Hawaii Supreme Court.
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87	87	OFFERED BY: _____________________________
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91	91	OFFERED BY:
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99	99	Report Title:
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101	101	Judiciary; Remote Testimony; Temporary Restraining Orders; Hearings