STAND. COM. REP. NO.552
Honolulu, Hawaii
, 2001
RE: H.B. No. 993
H.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-First State Legislature
Regular Session of 2001
State of Hawaii
Sir:
Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 993 entitled:
"A BILL FOR AN ACT RELATING TO PROMOTING CHILD ABUSE,"
begs leave to report as follows:
The purpose of the bill is to expand the definition of the acts that constitute promoting child abuse in the first degree and to increase the penalty for promoting child abuse in the second degree to a class B felony.
The Department of the Prosecuting Attorney for the City and County of Honolulu supported the intent of the measure. The Honolulu Police Department and the Office of the Public Defender commented on the measure.
Your Committee finds that this measure would address problems in prosecution where minors are unaware of their involvement in a defendant's sexually motivated criminal actions. This measure focuses the offense of promoting child abuse upon the defendant's use of a minor as a sexual object in the creation of pornographic material.
Your Committee has amended the bill by:
(1) Deleting reference to the vague and undefined term "sexual acts";
(2) Maintaining the offense of promoting child abuse in the second degree at a class C felony; and
(3) Providing equal clarity and definitiveness as to the prohibited conduct for the offenses of promoting child abuse in the first degree and in the second degree.
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. 993, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 993, H.D. 1, and be placed on the calendar for Third Reading.
Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,
____________________________ ERIC G. HAMAKAWA, Chair |
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