HCR 73: affirming the legislature's commitment to public safety, due process, and fair treatment for domestic violence survivors within hawaii's justice system.

HOUSE OF REPRESENTATIVES	H.C.R. NO.	73
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

 

 

affirming the legislature's commitment to public safety, due process, and fair treatment for domestic violence survivors within hawaii's justice system.

 

 

 

     WHEREAS, almost half of all women nationwide have experienced intimate partner violence in their lifetime; and

 

     WHEREAS, in Hawaii, thirteen percent of people have experienced intimate partner violence in their lifetime; and

 

     WHEREAS, almost seven out of ten women in Hawaii have reported experiencing stalking by a current or former intimate partner; and

 

     WHEREAS, the State has demonstrated a commitment to advocating for the rights of survivors of domestic violence throughout the justice system; and

 

     WHEREAS, Act 19 SLH 2020 established a five-year pilot project "to strengthen state and county responses to domestic violence and increase offender accountability"; and

 

     WHEREAS, Act 75 SLH 2023 and Act 81 SLH 2023 amended the temporary restraining order process to ensure domestic violence survivors had sufficient access to justice while also protecting them from harm; and

 

     WHEREAS, nevertheless, there remains a lack of availability and awareness of victim support services such as counseling, emergency assistance, housing support, legal guidance, and related stabilization resources; and

 

     WHEREAS, there is a need for greater continuity and preparedness in the handling of misdemeanor domestic violence cases; and

 

     WHEREAS, attorneys working on domestic violence matters require specialized training and sufficient experience; and

 

     WHEREAS, domestic violence judicial proceedings should be impartial and consistent; and

 

     WHEREAS, victim support services should clearly communicate the available resources, case processes, and post-case safety considerations to survivors; and

 

     WHEREAS, the interaction between criminal case outcomes and related family court proceedings should be clearly explained, especially where child safety is a concern; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2026, the Senate concurring, the legislature affirms its commitment to public safety, due process, and fair treatment for domestic violence survivors within Hawaii's justice system; and

 

     BE IT FURTHER RESOLVED the legislature recommends the Judiciary conduct a review of existing policies and administrative practices related to case assignment, training, and victim notification to identify opportunities for improved consistency and efficiency; and

 

     BE IT FURTHER RESOLVED there should be enhanced coordination among state and community service providers to ensure victims are better informed of available assistance; and

 

     BE IT FURTHER RESOLVED the legislature recognizes the importance of maintaining impartial judicial processes while promoting public confidence in the administration of justice; and

 

     BE IT FURTHER RESOLVED the legislature recognizes the need for clear statutory frameworks that protect victims and provide guidance where criminal and family court matters intersect; and

 

     BE IT FURTHER RESOLVED the Judiciary and Honolulu Office of the Prosecuting Attorney are urged to identify best practices that strengthen accountability, preparedness, and access to services without expanding unnecessary bureaucracy; and

 

     BE IT FURTHER RESOLVED the State should consider offering the following victim support services to survivors of domestic violence:

 

     (1)  Emergency funds;

 

     (2)  Mental health counseling;

 

     (3)  Pro bono legal services;

 

     (4)  Emergency housing; and

 

     (5)  Childcare assistance; and

 

     BE IT FURTHER RESOLVED the Honolulu Office of the Prosecuting Attorney should consider implementing the following reforms:

 

     (1)  Assigning attorneys with jury trial experience to misdemeanor domestic violence cases;

 

     (2)  Providing an experienced second chair attorney to assist new attorneys assigned to domestic violence cases;

 

     (3)  Assigning the same attorney to every case for the same victim, if requested;

 

     (4)  Assigning attorneys to the case as soon as possible to provide clarity and sufficient advocacy for survivors;

 

     (5)  Requiring all prosecutors to undergo domestic violence training; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to Chief Justice of the Hawaii State Supreme Court and Honolulu Prosecuting Attorney.

 

 

 

	OFFERED BY:	_____________________________

Report Title: 

Domestic Violence; Survivors; Access to Justice; Victim Services