STAND. COM. REP. NO. 728

                                 Honolulu, Hawaii
                                                   , 1999

                                 RE: H.B. No. 955
                                     H.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Judiciary and Hawaiian Affairs, to which
was referred H.B. No. 955 entitled: 

     "A BILL FOR AN ACT RELATING TO CRIME,"

begs leave to report as follows:

     The purpose of this bill is to create:

          (1)  A class B felony for violation of sexual privacy;
               and

          (2)  A misdemeanor for possession of materials that
               violate sexual privacy.

     Your Committee received testimony in support of this bill
from the Department of the Prosecuting Attorney for the City and
the County of Honolulu, the Office of the Public Defender, the
Honolulu Police Department and concerned individuals.

     Your Committee finds that people's expectation of privacy in
sexual matters should be protected.  The creation of criminal
sanctions against invasions into one's sexual privacy will deter
these types of activities.

     Your Committee amended this bill by:

          (1)  Making the violation of sexual privacy a class C
               felony;


 
 
                                 STAND. COM. REP. NO. 728
                                 Page 2

 
          (2)  Deleting the provisions of affirmative defense for
               the issue of consent;

          (3)  Deleting the reference to the Revisor of Statutes
               and substituting an ex-post facto clause; and

          (4)  Making technical, non-substantive amendments for
               purposes of style and clarity.


     As affirmed by the record of votes of the members of your
Committee on Judiciary and Hawaiian Affairs that is attached to
this report, your Committee is in accord with the intent and
purpose of H.B. No. 955, as amended herein, and recommends that
it pass Second Reading in the form attached hereto as H.B. No.
955, H.D. 1, and be placed on the calendar for Third Reading.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Judiciary &
                                   Hawaiian Affairs,



                                   ______________________________
                                   PAUL T. OSHIRO, Chair