STAND. COM. REP. NO. 156

Honolulu, Hawaii

RE:    S.B. No. 426

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

Sir:

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 426 entitled:

"A BILL FOR AN ACT RELATING TO ABUSE OF FAMILY OR HOUSEHOLD MEMBERS,"

begs leave to report as follows:

     The purpose and intent of this measure is to clarify that the offense of abuse of a family or household member is a class C felony if the physical abuse consists of intentionally or knowingly impeding the normal breathing or circulation of the blood of the family or household member by blocking the family or household member's nose or mouth.

     Your Committee received testimony in support of this measure from the Department of the Prosecuting Attorney, City and County of Honolulu; Office of the Prosecuting Attorney, County of Hawaii; Office of the Prosecuting Attorney, County of Kaua‘i; Department of the Prosecuting Attorney, County of Maui; Police Department, City and County of Honolulu; Domestic Violence Action Center; and one individual.  Your Committee received testimony in opposition to this measure from the Office of the Public Defender.

     Your Committee finds that the offense of abuse of a family or household member is a class C felony if the physical abuse consists of strangulation by applying pressure to the neck or throat to impede the normal breathing or circulation of blood.  However, there may be cases in which normal breathing is impeded through suffocation, via the defendant covering the family or household member's mouth or nose, rather than by applying pressure on the throat or neck.  This measure clarifies that the offense of abuse of a family or household member is a class C felony if the physical abuse consists of suffocation by blocking the family or household member's nose or mouth.

     However, your Committee notes that the blocking of either the nose or the mouth may be insufficient to impede normal breathing of the family or household member.  Furthermore, the Office of the Public Defender raised concerns in its written testimony that a participant who is trying to calm an argument down by covering the mouth of a family or household member could be charged with a felony offense.  Your Committee believes that the specific conduct of applying pressure to the neck or throat and blocking of the nose or mouth merit further discussion.

     Accordingly, your Committee has amended this measure by:

     (1)  Deleting any reference to the manner in which normal breathing or blood circulation may be impeded, thereby clarifying that intentionally or knowingly impeding the normal breathing or circulation of blood of a family or household member by any means is a class C felony;

     (2)  Inserting an effective date of January 7, 2059, to encourage further discussion; and

     (3)  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. 426, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 426, 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,

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GILBERT S.C. KEITH-AGARAN, Chair