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. 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 degrees.

Your Committee received testimony in favor of this measure from the Honolulu Police Department, Honolulu Prosecuting Attorney, and Blue Print for Change. Your Committee received comments on this measure from the Public Defender.

Your Committee finds that clarification of the acts constituting the offense of promoting child abuse in the first degree is needed for successful investigation and prosecution. This measure is intended to address the recent crackdown on the production and dissemination of child pornographic material. This measure broadens the scope of the offense to give prosecutors greater latitude in charging for the offenses. In doing so, the statutes would fit the various factual circumstances surrounding an alleged offense, and enable a successful prosecution.

Your Committee has amended this measure on the recommendation of the Honolulu Prosecuting Attorney by:

The increase of the offense of promoting child abuse in the second degree from a class C felony to a class B felony is more in keeping with the seriousness of the offense of disseminating child pornography and more closely aligns the state law with similar federal laws.

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. 993, H.D. 1, as amended herein, and recommends that it be referred to the Committee on Ways and Means in the form attached hereto as H.B. No. 993, H.D 1, S.D. 1.