CONFERENCE COMMITTEE REP. NO. 35-04
Honolulu, Hawaii
, 2004
RE: H.B. No. 2254
S.D. 1
C.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Second State Legislature
Regular Session of 2004
State of Hawaii
Honorable Robert Bunda
President of the Senate
Twenty-Second State Legislature
Regular Session of 2004
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. 2254, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO CHAPTER 707, HAWAII REVISED STATUTES,"
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:
(1) Clarify the definition of "sexual penetration" to include the acts of cunnilingus and anilingus, whether or not actual penetration has occurred;
(2) Include as a victim of sexual assault in the second degree, a person committed to the director of public safety and knowingly subjected to sexual penetration; and
(3) Amend the offense of sexual assault in the third degree to include law enforcement officers who knowingly subject to sexual contact a person confined to a detention facility or in custody.
Your Committee on Conference finds that:
(1) The definition of sexual penetration should include the acts of cunnilingus or anilingus, regardless of whether there was actual penetration; and
(2) This measure creates uniformity between the offenses of sexual assault in the second degree and in the third degree regarding the aforementioned offenders and victims.
Your Committee on Conference has amended this bill by making technical, nonsubstantive amendments for clarity and style.
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. 2254, S.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 2254, S.D. 1, C.D. 1.
Respectfully submitted on behalf of the managers:
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ON THE PART OF THE SENATE |
ON THE PART OF THE HOUSE |
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____________________________ COLLEEN HANABUSA, Chair |
____________________________ BLAKE K. OSHIRO, Chair |
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