STAND. COM. REP. NO. 3033

Honolulu, Hawaii

RE: H.B. No. 1850

H.D. 1

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 1850, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PORNOGRAPHY,"

begs leave to report as follows:

The purpose and intent of this measure is to clarify that the exemption for parents, guardians, and other persons in loco parentis to the offense of promoting pornography for minors specifically applies to legal guardians.

Your Committee received testimony in support of this measure from the Department of the Prosecuting Attorney of the City and County of Honolulu and Honolulu Police Department.

Your Committee finds that the purpose of this measure is to strengthen the statutory language regarding promoting pornography for minors and to close unintended loopholes therein. For that reason, this measure clarifies that the exemption to the offense for guardians of a minor specifically applies to legal guardians only. Your Committee further finds that removing "other person[s] in loco parentis" from the exemption would further strengthen the language regarding promoting pornography to minors by explicitly limiting the exemption to parents and legal guardians.

Your Committee has amended this measure by:

(1) Removing "other person[s] in loco parentis" from the exemption to the offense of promoting pornography for minors;

(2) Inserting an effective date of July 1, 2035, 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 that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1850, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1850, H.D. 1, S.D. 1, and be placed on the calendar for Third Reading.

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

________________________________

BRIAN T. TANIGUCHI, Chair