STAND. COM. REP. NO.  1124-16

Honolulu, Hawaii

                , 2016

RE:   S.B. No. 2312

      S.D. 1

      H.D. 1

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Eighth State Legislature

Regular Session of 2016

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 2312, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE PENAL CODE,"

begs leave to report as follows:

The purpose of this measure is to amend the definition of the term "sexual conduct" as that term is used in the penal code for the offenses of promoting child abuse in the first, second, and third degrees and for offenses related to obscenity. The amendments made by this measure align this term, as used in state law, more closely with the terminology used in federal law by expanding the definition of sexual conduct to include specific types of conduct.  The measure also removes unnecessary and archaic language regarding sexual orientation.

The Department of the Attorney General, Hawaii State Commission on the Status of Women, Honolulu Police Department, Hawai‘i State Democratic Women's Caucus, The Sex Abuse Treatment Center, Planned Parenthood Votes Northwest and Hawaii, Hawaii Women's Coalition, American Association of University Women, Hawaii, and one concerned individual testified in support of the measure.

     Your Committee has amended this measure by making it effective upon its approval.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2312, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2312, S.D. 1, H.D. 1, and be placed on the calendar for Third Reading.

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

____________________________

KARL RHOADS, Chair