CONFERENCE COMMITTEE REP. NO.36-02

Honolulu, Hawaii

, 2002

RE: H.B. No. 2426

H.D. 1

S.D. 1

C.D. 1

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 2426, H.D. 1, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CRIMES AGAINST CHILDREN,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this bill is to create new criminal offenses relating to child pornography and to electronic enticement of a child.

Your Committee on Conference finds that this measure addresses the problem of utilizing computer technology in committing crimes against children. This measure also attempts to define "child pornography" in the context of the crime of promoting child abuse and in light of recent U.S. Supreme Court case law.

Your Committee on Conference amended the bill by:

(1) Deleting from the definition of "child pornography" references of a visual representation that is described as containing a person engaging in sexual conduct who is under the age of twenty years;

(2) Deleting references to an affirmative defense of adult age;

(3) Inserting a severability clause; and

(4) Making technical and nonsubstantive changes for style and clarity;

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 2426, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 2426, H.D. 1, S.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE SENATE

ON THE PART OF THE HOUSE

____________________________

DAVID M. MATSUURA, Chair

____________________________

ERIC G. HAMAKAWA, Chair

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BRIAN KANNO, Co-Chair