STAND. COM. REP. NO. 2064

Honolulu, Hawaii

RE:    S.B. No. 2062

       S.D. 1

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

Sir:

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 2062 entitled:

"A BILL FOR AN ACT RELATING TO USE OF FORCE BY PERSONS WITH SPECIAL RESPONSIBILITY FOR CARE, DISCIPLINE, OR SAFETY OF OTHERS,"

begs leave to report as follows:

     The purpose and intent of this measure is to place limitations on the parental discipline defense while maintaining a parent's general right to safeguard and promote the welfare of the child.

     Your Committee received testimony in support of this measure from the Department of the Prosecuting Attorney of the City and County of Honolulu, and one private individual.  Testimony in opposition to this measure was submitted by the Office of the Public Defender.

     Your Committee finds the parental discipline defense is intended to limit the amount of force that parents and guardians can legally use in disciplining their children to the extent the force is reasonable or moderate.  However, the courts have held that the plain language of the law specifically ties the defense to the nature of the force used as opposed to the result of the force used.  As such, the courts have upheld the parental discipline defense as justifiable in cases where the parent or guardian acted with the purpose of deterring or punishing the minor's misconduct without the intent or knowledge that their actions would cause substantial bodily injury, or extreme pain or mental distress.  The Department of the Prosecuting Attorney of the City and County of Honolulu testified that as a result, the courts have set the bar for unjustifiable discipline so high that many cases have applied the parental discipline defense to permit disciplinary action that would be considered unacceptable by the public.  Thus, this measure aims to establish reasonable limitations to the parental discipline defense while maintaining a parent's general right to safeguard and promote the welfare of the child.

     Your Committee notes the testimony submitted by the Office of the Public Defender indicating concerns regarding the vagueness in applying the limitations to the parental discipline defense and thereby potentially causing confusion among litigants in court.  Your Committee recognizes that this measure deals with child abuse issues that merit further discussion as this measure proceeds through the legislative process.

     Your Committee has amended this measure by:

     (1)  Inserting an effective date of July 1, 2050, to ensure further discussion; and

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2062, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2062, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

____________________________

CLAYTON HEE, Chair