STAND. COM. REP. NO. 1253

                                 Honolulu, Hawaii
                                                   , 1999

                                 RE: S.B. No. 176
                                     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 Human Services and Housing, to which was
referred S.B. No. 176 entitled: 

     "A BILL FOR AN ACT RELATING TO CHILDREN,"

begs leave to report as follows:

     The purpose of this bill is to strengthen Hawaii's criminal
laws involving the physical abuse of children.  Specifically,
this bill:

     (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 (HRS), consideration must be given to the
          condition of the minor;

     (4)  Raises the age of a child victim from eight to twelve
          years old for purposes of determining whether to impose
          an extended term of imprisonment, under section 706-
          662, HRS;


 
 
 
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     (5)  Raises the age of a child victim from eight to twelve
          years old 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, HRS; and

     (6)  Changes recklessly allowing another person to inflict
          serious or substantial bodily injury on a minor from a
          misdemeanor offense to a class C felony offense.

     The Department of the Prosecuting Attorney of the City and
County of Honolulu testified in support of the bill.  The
Honolulu Police Department supported the intent of the bill.  The
Office of the Public Defender commented on the bill.

     Your Committee finds that existing provisions in the penal
code are insufficient to provide appropriate punishment for and
deterrence to child abuse.  Greater penalties are needed for
those who commit crimes against children in our communities.

     Your Committee has amended the bill by:

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

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

     (3)  Changing the age of a child victim from twelve to ten
          years old for purposes of determining whether to impose
          an extended term of imprisonment, under section 706-
          662, HRS; and

     (4)  Changing the age of a child victim from twelve to ten
          years old 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, HRS.

     As affirmed by the record of votes of the members of your
Committee on Human Services and Housing that is attached to this
report, your Committee is in accord with the intent and purpose
of S.B. No. 176, as amended herein, and recommends that it pass
Second Reading in the form attached hereto as S.B. No. 176, H.D.

 
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1, and be referred to the Committee on Judiciary and Hawaiian
Affairs.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Human Services
                                   and Housing,



                                   ______________________________
                                   DENNIS A. ARAKAKI, Chair