STAND. COM. REP. NO.417-02
Honolulu, Hawaii
, 2002
RE: H.B. No. 2426
H.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-First State Legislature
Regular Session of 2002
State of Hawaii
Sir:
Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 2426 entitled:
"A BILL FOR AN ACT RELATING TO CRIMES AGAINST CHILDREN,"
begs leave to report as follows:
The purpose of the bill is to deter crimes against minors by:
(1) Creating two new offenses of first and second degree electronic enticement of a child, which prohibit the use of a computer or other electronic device to lure a minor to a meeting with intent to commit a felony;
(2) Defining "child pornography" to encompass computer-generated representations of minors, in the existing offenses of first and second degree promoting child abuse which, among other things, prohibit the production and distribution of child pornography;
(3) Adding a new offense of third degree promoting child abuse that prohibits the knowing possession of child pornography;
(4) Providing an affirmative defense to child abuse that includes cooperation with law enforcement or destruction of the child pornography; and
(5) Amending the forfeiture law to allow for forfeiture of computers and other equipment used in the commission of these electronic enticement of a child, and child abuse offenses.
Your Committee received testimony in support of the measure from the Department of the Attorney General, Department of the Prosecuting Attorney, Honolulu Police Department, and the Hawaii Family Forum. Testimony in opposition to the measure was provided by the Office of the Public Defender.
Your Committee finds that although this measure attempts to address the growing problem of the use of computer technology in crimes against children, there are still issues that need to be addressed. Your Committee finds that further discussion on the measure should continue in order to flesh out the perceived problems.
Your Committee has amended the bill by:
(1) Inserting the qualifier "pornographic" in the definition of "sexual conduct";
(2) Changing the effective date to February 30, 3025; and
(3) Making technical and nonsubstantive changes for purposes of style and clarity.
As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2426, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2426, H.D. 1, and be placed on the calendar for Third Reading.
Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,
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____________________________ ERIC G. HAMAKAWA, Chair |
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