Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 236, H.D. 1, S.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to create new offenses for sexual penetration and sexual contact between a minor who is fourteen years of age and an adult who is nineteen years of age or older. In addition, this measure requires an assessment, review, and impact analysis of its provisions.

Your Committee received testimony in opposition of this measure from the Department of the Prosecuting Attorney of the City and County of Honolulu, Office of the Public Defender, and American Civil Liberties Union of Hawaii.

Your Committee finds that minors, in many cases, do not have the capacity to understand the responsibilities and ramifications of engaging in a sexual relationship with adults. Current law allows adults to enter into consensual sexual relationships with minors as young as fourteen years old without penalty. Your Committee believes that these minors are unfairly burdened with the presumption of knowing the consequences of engaging in sexual relations with an adult. Your Committee believes this measure will protect Hawaii's children from harmful sexual relationships with adults.

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. 236, H.D. 1, S.D. 1, and recommends that it pass Third Reading.