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. 993, H.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to expand the definition of the acts constituting promoting of child abuse in the first and second degree.

Your Committee received testimony in favor of this measure from the City and County of Honolulu Prosecuting Attorney and Police Department.

Your Committee finds that clarification of the acts constituting the offense of promoting child abuse in the first and second degree is needed for successful investigation and prosecution. Your Committee is aware of the current loophole in the law that allows a perpetrator to have sexual contact if the minor has no knowledge of the contact. This has happened in a case where the perpetrator massaged a minor to sleep then video taped sexual contact with the sleeping child who had no knowledge of the contact. Your Committee finds that the current law in inadequate and that these amendments are necessary to protect Hawaii's children.

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. 993, H.D. 1, and recommends that it pass Second Reading and be referred to the Committee on Judiciary.