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 S.B. No. 881 entitled:

begs leave to report as follows:

The purpose of this measure is to require public safety officers, sheriffs, and deputy sheriffs to report incidents of suspected child abuse or neglect, and authorize them to take protective custody of the child victim.

Your Committee received testimony in support of this measure from the Volunteer Consumer Advocate. The Department of Public Safety supported the intent of the bill but, together with the Department of Human Services, asked that the bill be deferred to next year.

Your Committee finds that currently, public safety officers, sheriffs, and deputy sheriffs are not statutorily authorized to take abused children into protective custody, nor are they mandated to report incidents of suspected child abuse. Your Committee further finds that public safety officers, sheriffs, and deputy sheriffs appointed under §353C-4, Hawaii Revised Statutes, have all of the powers of police officers including the power of arrest. These police powers, however, are limited depending on the officer's duties and assignment.

Your Committee believes that incidents of suspected child abuse should be handled expeditiously by any law enforcement officer present. Therefore, your Committee amended the bill by:

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 S.B. No. 881, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 881, S.D. 1.