STAND. COM. REP. NO1189

Honolulu, Hawaii

, 2001

RE: H.B. No. 236

H.D. 1

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Health and Human Services, to which was referred H.B. No. 236, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO SEXUAL ASSAULT,"

begs leave to report as follows:

The purpose of this measure, as received, is to create new sexual offenses for sexual penetration and sexual contact between a minor known to be fourteen years of age or of fifteen years of age, with an adult who is five years or more older than the minor and not legally married to that minor.

Testimony in support of this measure was submitted by Hawaii Family Forum, Hawaii Catholic Conference, Alliance for Traditional Marriage and Values, Hawaii Youth Services Network, and seven private citizens. Testimony in opposition to this measure was submitted by the City and County of Honolulu, Department of the Prosecuting Attorney and Police Department, Hawaii State Commission of the Status of Women, Sex Abuse Treatment Center, and Coalition for the Prevention of Sexual Assault. The Office of the Public Defender submitted comments.

Your Committee finds that Hawaii's age of consent is the lowest in the nation. Your Committee further finds that minors many times get lured into sexual relations with someone who is significantly older. Your Committee believes that this measure is necessary to protect Hawaii's youth.

Your Committee has amended this measure by deleting its contents and inserting language from S.B. No. 711, S.D. 2, which:

(1) Adds a purpose section;

(2) Creates new sexual offenses for sexual penetration and sexual contact between a fourteen year old minor and a person who is nineteen years old or older and not legally married to the minor;

(3) Deletes reference to "knowingly" on the part of the actor, based on State v. Buch;

(4) Requires the prosecutors to maintain records and report to the 2003 legislative session;

(5) Requires the Legislative Reference Bureau to report to the 2003 legislative session on the effectiveness of this Act; and

(6) Repeals the measure on June 30, 2003.

As affirmed by the record of votes of the members of your Committee on Health and Human Services that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 236, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 236, H.D. 1, S.D. 1, and be referred to the Committee on Judiciary.

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

____________________________

DAVID MATSUURA, Chair