STAND. COM. REP. NO. 1568

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  H.B. No. 273
                                        H.D. 2
                                        S.D. 2




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred H.B. No.
273, H.D. 2, S.D. 1, entitled: 

     "A BILL FOR AN ACT RELATING TO CHILDREN,"

begs leave to report as follows:

     The purpose of this measure is to create criminal offenses
for child abuse in the first and second degrees and to make other
revisions to the penal code pertaining to child abuse.

     Specifically, this measure:

     (1)  Makes it a class A felony to intentionally, knowingly,
          or recklessly cause serious bodily injury to a minor
          twelve years of age or younger;

     (2)  Makes it a class B felony to intentionally, knowingly,
          or recklessly cause substantial bodily injury to a
          minor twelve years of age or younger;

     (3)  Requires that, in determining whether the use of force
          is justifiable under section 703-309, Hawaii Revised
          Statutes, consideration must be given to the condition
          of the minor;


 
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     (4)  For purposes of determining whether to impose an
          extended term of imprisonment, under section 706-662,
          Hawaii Revised Statutes, raises the age of a child
          victim from eight to twelve years old;

     (5)  For purposes of determining whether to impose a
          mandatory term of imprisonment for offenses against
          children, elder persons, or handicapped persons,
          resulting in the victim's death or serious bodily
          injury, under section 706-660.2, Hawaii Revised
          Statutes, raises the age of a child victim from eight
          to twelve years old; and

     (6)  Makes it a class C felony offense (endangering the
          welfare of a minor in the first degree) to recklessly
          allow another person to inflict serious or substantial
          bodily injury to a minor instead of a misdemeanor
          offense (endangering the welfare of a minor in the
          second degree).

     Your Committee is painfully conscious of the continued high
incidence of child abuse in our society and finds that present
provisions in the penal code are woefully insufficient to provide
appropriate punishment for or deterrence to child abuse.
Accordingly, your Committee believes that stronger measures are
needed to sufficiently safeguard children in our society who are
most at risk of being harmed.

     Your Committee has amended the bill by:

     (1)  Making a conforming amendment to section 709-903.5(2);

     (2)  Inserting the words "in the second degree" at page 11,
          line 6, for clarification and to distinguish the
          section from the offense of endangering the welfare of
          a minor in the first degree under section 709-903.5;
          and

     (3)  Adding a savings provision as a new section 8 and
          renumbering the remaining sections in the bill
          consecutively.

     As affirmed by the record of votes of the members of your
Committee on Judiciary that is attached to this report, your
Committee is in accord with the intent and purpose of H.B. No.
273, H.D. 2, S.D. 1, as amended herein, and recommends that it

 
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pass Third Reading in the form attached hereto as H.B. No. 273,
H.D. 2, S.D. 2.

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



                                   ______________________________
                                   AVERY B. CHUMBLEY, Co-Chair



                                   ______________________________
                                   MATTHEW M. MATSUNAGA, Co-Chair

 
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