THE SENATE

S.B. NO.

2404

TWENTY-SIXTH LEGISLATURE, 2012

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO OFFENSES AGAINST THE PERSON.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Chapter 707, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§707‑    Excessive discipline of a minor.  (1)  A person commits the offense of excessive discipline of a minor under the age of eighteen years if the person causes bodily injury, serious bodily injury, or substantial bodily injury in the course of disciplining a minor by the use of a belt, ruler, clothes hanger, stick, twig, tube, pipe, shoe, slipper, or any hard manmade object that causes welts, cuts, bruises, or damage to the skin or injury to the body.

     (2)  Excessive discipline of a minor shall be subject to a penalty equivalent to that of:

(a)  Assault in the first degree if the minor sustains serious bodily injury;

(b)  Assault in the second degree if the minor sustains substantial bodily injury; and

(c)  Assault in the third degree if the minor sustains bodily injury.

     (3)  For purposes of this section, "discipline" means to use force to punish or to enforce obedience."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on January 1, 2013.

 

INTRODUCED BY:

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Report Title:

Assault; Excessive Discipline of a Minor

 

Description:

Creates an offense of excessive discipline of a minor by using certain disciplinary actions against a minor under the age of eighteen years.  Makes it punishable by a first, second, or third degree assault, depending on severity of injury to the minor.  Effective 1/1/2013.

 

 

 

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