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 S.B. No. 490 entitled:

begs leave to report as follows:

The purpose of this measure is to subject a defendant who uses a controlled substance to facilitate the commission, or attempted commission, of a felony sexual assault to an extended term of imprisonment.

Your Committee received testimony in support of this measure from the Honolulu Prosecuting Attorney and The Sex Abuse Treatment Center. Testimony in opposition was received from the Public Defender.

This measure is intended to address the current increase in incidents of a defendant who utilizes drugs to incapacitate a victim to perpetrate a felonious sexual assault. This measure represents your Committee's effort to update the penal laws to meet the evolving nature of today's crimes.

Your Committee finds that an extended term of imprisonment is an appropriate means of deterring felonious sexual assault. The typical situation is that the victim meets the perpetrator in a bar or club. They share one or more drinks that have been spiked unbeknownst to the victim with what is known as "date rape" drugs, such as rohypnol. Your Committee further finds that current laws on sexual assault are apparently not sufficient to deter this practice. Therefore, more stringent sentences are needed as deterrents.

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 S.B. No. 490 and recommends that it pass Second Reading and be placed on the calendar for Third Reading.