STAND. COM. REP. NO.  411-08

Honolulu, Hawaii

                , 2008

RE:   H.B. No. 2346

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Sir:

     Your Committee on Human Services & Housing, to which was referred H.B. No. 2346 entitled:

"A BILL FOR AN ACT RELATING TO ENDANGERING THE WELFARE OF A MINOR,"

begs leave to report as follows:

     The purpose of this bill is to protect the welfare of minors by prohibiting a person from intentionally or knowingly causing or permitting a minor to inject, ingest, or inhale any controlled substance that has not been prescribed by a physician for the minor.

     The Department of the Attorney General, Department of Public Safety, and Department of the Prosecuting Attorney of the City and County of Honolulu supported this bill.  The Office of the Public Defender opposed this measure.

     Your Committee respectfully requests the Committee on Judiciary to examine some of the issues raised by stakeholders.  One testifier stated that this measure does not require that the child be injured by the act.

     After careful consideration, your Committee has amended this bill by:

     (1)  Prohibiting a person from intentionally or knowingly introducing into a minor's body in any manner a controlled substance that has not been prescribed by a physician for the minor, except for the medical use of marijuana, pursuant to section 329-122, Hawaii Revised Statutes; and

     (2)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Human Services & Housing that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2346, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2346, H.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Human Services & Housing,

____________________________

MAILE SHIMABUKURO, Chair