STAND. COM. REP. NO. 982
Honolulu, Hawaii
, 2001
RE: S.B. No. 711
S.D. 2
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. 711, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO SEXUAL ASSAULT,"
begs leave to report as follows:
The purpose of this measure is to criminalize sexual penetration of a minor when the actor is at least five years older than the minor and not legally married to the minor.
Your Committee received testimony in support of this measure from the Hawaii Family Forum, Hawaii Youth Services Network, Hawaii Catholic Conference, the Sex Abuse Treatment Center, Aloha Prenatal Care & Counseling Center, and numerous private citizens. Testimony in opposition was received from Public Defender, Honolulu Prosecuting Attorney, Honolulu Police Department, Hawaii State Commission on the Status of Women, The Libertarian Party of Hawaii, and two private citizens.
Your Committee finds that Hawaii's age of consent is the lowest in the nation.
Your Committee has amended this measure by:
(1) Adding a purpose section;
(2) Creating new sexual offenses for sexual penetration and sexual contact between a fourteen year old minor and a person who is nineteen years old or older and not legally married to the minor;
(3) Deleting reference to "knowingly" on the part of the actor, based on State v. Buch;
(4) Requiring the prosecutors to maintain records and report for the 2003 legislative session;
(5) Requiring the Legislative Reference Bureau to report to the legislature for the 2003 Session on the effectiveness of this Act; and
(6) Repealing the measure on June 30, 2003.
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. 711, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 711, S.D. 2.
Respectfully submitted on behalf of the members of the Committee on Judiciary,
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____________________________ BRIAN KANNO, Chair |
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