Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 133, H.D. 1, S.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to provide immunity from prosecution to persons leaving an unharmed newborn at a hospital, and provide immunity from liability for hospitals and personnel receiving a newborn.

Testimony in support of this measure was received from the Honolulu Police Department, the Hawaii State Commission on the Status of Women, and the Healthy Mothers, Healthy Babies Coalition of Hawaii. Testimony supporting the intent of the measure but requesting amendments was received from the Department of the Prosecuting Attorney and the Hawaii Family Forum. The Department of Human Services supported the measure's intent but opposed the measure for several reasons.

Your Committee finds that persons abandoning newborn infants are usually young mothers who are unable or unwilling to care for their newborns. Although infant abandonment is rare in Hawaii, this proactive measure is aimed at providing an alternative to persons who would have abandoned a newborn in other than a hospital, and avoiding risk to the infant.

Based on testimony received, your Committee amended the bill by requiring that hospitals notify law enforcement that a newborn was received for the purpose of matching the child with missing children reports, and making technical, nonsubstantive amendment for clarity and style.

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. 133, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 133, H.D. 1, S.D. 2.