| 43 | | - | WHEREAS, domestic violence and stalking continue to be pervasive and serious public safety concerns affecting individuals and families throughout the State; and WHEREAS, temporary restraining orders (TROs) and protective orders (POs) serve as critical legal tools by providing immediate protection for victims of domestic violence and harassment by stalking; and WHEREAS, concerns have been raised regarding the effectiveness of the laws on domestic violence temporary restraining orders, protective orders, and harassment by stalking in improving victim safety; and WHEREAS, it is essential to evaluate whether enforcement mechanisms are sufficient, and whether additional legislative measures, including funding, may be necessary to enhance their effectiveness; and WHEREAS, a study conducted by the Judiciary would provide valuable data and insights into the rate of compliance, enforcement challenges, and victim outcomes; and WHEREAS, such a study should consider feedback from key stakeholders, including each county's law enforcement agencies, each county's prosecuting attorney, victim advocacy organizations, the legal community, and individuals impacted by domestic violence and stalking; and WHEREAS, findings and recommendations from the study could inform potential legislative improvements to better safeguard victims and prevent future harm; now, therefore, BE IT RESOLVED by the House of Representatives of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2025, that the Judiciary is requested to convene a working group to study how effective the existing laws on domestic violence temporary restraining orders, protective orders, and harassment by stalking are in improving victim safety; and BE IT FURTHER RESOLVED that the working group is requested to consist of the following members or their designees: (1) The Honolulu Police Department; (2) The Maui Police Department; (3) The Hawaii Police Department; (4) The Kauai Police Department; (5) The Prosecuting Attorney of the City and County of Honolulu; (6) The Prosecuting Attorney of Maui County; (7) The Prosecuting Attorney of Hawaii County; (8) The Prosecuting Attorney of Kauai County; (9) The Executive Director of the Hawaii State Coalition Against Domestic Violence; (10) The Executive Director of the Hawaii State Commission on the Status of Women; (11) A representative from a nonprofit organization that serves victims of domestic violence and stalking to be invited to participate by the Judiciary; and (12) A victim of domestic violence and/or stalking from each county to be invited by the Judiciary. BE IT FURTHER RESOLVED that the study is requested to include an analysis of the issuance and enforcement of temporary restraining orders, protective orders, and the judicial response and law enforcement responses to violations of temporary restraining orders and protective orders, as well as an examination of the prosecution and adjudication of harassment by stalking cases; and BE IT FURTHER RESOLVED that the study is requested to incorporate data from law enforcement agencies, victim services providers, legal practitioners, and individuals who have sought protection orders; and BE IT FURTHER RESOLVED that: (1) The Judiciary is requested to submit a report of its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2027; and (2) The working group shall be dissolved on December 31, 2026. BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Chief Justice, Administrative Director of the Courts, and Attorney General. |
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| 43 | + | WHEREAS, domestic violence and stalking continue to be pervasive and serious public safety concerns affecting individuals and families throughout the State; and WHEREAS, temporary restraining orders (TROs) serve as a critical legal tool by providing immediate protection for victims of domestic violence and harassment by stalking; and WHEREAS, concerns have been raised regarding the effectiveness of the laws on domestic violence temporary restraining orders and harassment by stalking in preventing continued abuse and harassment; and WHEREAS, it is essential to evaluate whether these laws are adequately protecting victims, whether enforcement mechanisms are sufficient, and whether additional legislative measures may be necessary to enhance their effectiveness; and WHEREAS, a comprehensive study conducted by the Judiciary would provide valuable data and insights into the strengths and weaknesses of these legal protections, including the rate of compliance, enforcement challenges, and victim outcomes; and WHEREAS, such a study should consider feedback from key stakeholders, including law enforcement agencies, victim advocacy organizations, the legal community, and individuals impacted by domestic violence and stalking; and WHEREAS, findings and recommendations from the study could inform potential legislative improvements to better safeguard victims and prevent future harm; now, therefore, BE IT RESOLVED by the House of Representatives of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2025, that the Judiciary is requested to conduct a study analyzing how effective the existing laws on domestic violence temporary restraining orders and harassment by stalking are in preventing continued abuse and harassment; and BE IT FURTHER RESOLVED that the study is requested to include an analysis of the issuance, enforcement, and impact of temporary restraining orders, as well as an examination of the prosecution and adjudication of harassment by stalking cases; and BE IT FURTHER RESOLVED that the study is requested to incorporate data from law enforcement agencies, victim services providers, legal practitioners, and individuals who have sought protective orders; and BE IT FURTHER RESOLVED that the Judiciary is requested to submit a report of its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2026; and BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Chief Justice, Administrative Director of the Courts, Attorney General, and Executive Director of the Hawaii State Coalition Against Domestic Violence. OFFERED BY: _____________________________ |
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