STAND. COM. REP. NO. 829

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  S.B. No. 176





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 S.B. No.
176 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;

     (4)  Raises the age of a child victim from eight to twelve
          years old for purposes of determining whether to impose

 
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          an extended term of imprisonment, under section 706-
          662, Hawaii Revised Statutes;

     (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, Hawaii Revised
          Statutes; and

     (6)  Changes recklessly allowing another person to inflict
          serious or substantial bodily injury on a minor from a
          misdemeanor offense (endangering the welfare of a minor
          in the second degree) to a class C felony offense
          (endangering the welfare of a minor in the first
          degree).

     Your Committee received testimony in support of the measure
from the Department of the Prosecuting Attorney of the City and
County of Honolulu, the Department of the Prosecuting Attorney of
the County of Maui, and the Police Department of the City and
County of Honolulu.  The Public Defender testified as to a number
of reasons why the bill is unnecessary.

     Your Committee is gravely concerned about the 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 adequately safeguard children in our society who are
most at risk of being harmed.

     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 S.B. No.
176 and recommends that it pass Third Reading.


 
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                                   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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