Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 1859, H.D. 2, entitled:

begs leave to report as follows:

The purpose of this measure is to require members of the clergy to report cases of child abuse, but to exempt confidential clergy communications.

Prior to holding a public hearing on this measure, a proposed SD1 was prepared and made available for public review. As proposed, this measure now requires that employees and officers of the Department of Public Safety and the Department of the Attorney General are required to report child abuse or neglect cases to the respective county police departments or the Department of Human Services. Additionally, the proposed measure allows deputy sheriffs and narcotics enforcement officers with the Department of Public Safety as well as investigators with the Department of the Attorney General to take a child victim of abuse or neglect into protective custody.

Testimony in support of the proposed measure was received from the Department of Public Safety, the Department of Human Services, and one individual. Testimony in support of the original measure was received from the Children's Alliance of Hawaii, Inc.; the Christian Science Committee on Publication; the Hawaii Coalition Against Sexual Assault; Child Welfare Services, State Advisory Council; and one individual. Offering comments on the proposed measure was the Roman Catholic Church in the State of Hawaii.

Your Committee finds that the proposed measure protects the health and welfare of children by including deputy sheriffs and narcotics enforcement officers with the Department of Public Safety as well as investigators with the Department of the Attorney General within the category of law enforcement officers and employees that are required to report child abuse or neglect cases to the respective county police departments or the Department of Human Services, pursuant to section 350-1.1. Additionally, in the event that child abuse or neglect is present, deputy sheriffs and narcotics enforcement officers as well as Department of the Attorney General investigators are also allowed to take the child victim into protective custody.

Your Committee has amended the original measure 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 H.B. No. 1859, H.D. 2, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1859, H.D. 2, S.D. 1.