REPORT TITLE:
Hawaii Penal Code


DESCRIPTION:
Makes rendering assistance to a minor more than 11 years old who
has been reported as a runaway an offense of custodial
interference in the second degree.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           1476
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                     A BILL FOR AN ACT

RELATING TO THE PENAL CODE.



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

 1      SECTION 1.  Section 707-727, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "�707-727  Custodial interference in the second degree.(1)
 
 4 A person commits the offense of custodial interference in the
 
 5 second degree if:
 
 6      (a)  The person intentionally or knowingly takes, entices,
 
 7           conceals, or detains a minor knowing that the person
 
 8           has no right to do so; [or]
 
 9      (b)  The person intentionally or knowingly takes, entices,
 
10           conceals, or detains from lawful custody any
 
11           incompetent person, or other person entrusted by
 
12           authority of law to the custody of another person or an
 
13           institution[.]; or
 
14      (c)  The person with the intent to hinder the apprehension
 
15           of a minor more than eleven years old, who has been
 
16           reported as a runaway, renders assistance to such
 
17           minor.
 
18      (2)  The act of rendering assistance shall be defined by
 
19 section 710-1028.
 

 
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                                     S.B. NO.           1476
                                                        
                                                        

 
 1      [(2)] (3)  Custodial interference in the second degree is a
 
 2 misdemeanor, if the minor or incompetent person is taken,
 
 3 enticed, concealed, [or] detained, or rendered assistance from
 
 4 apprehension within the State.  If the minor or incompetent
 
 5 person is taken, enticed, concealed, [or] detained, or rendered
 
 6 assistance from apprehension outside of the State under this
 
 7 section, custodial interference in the second degree is a class C
 
 8 felony."
 
 9      SECTION 2.  Section 710-1028, Hawaii Revised Statutes, is
 
10 amended to read as follows:
 
11      "�710-1028  Hindering prosecution; definition of rendering
 
12 assistance.  For the purposes of sections [[]707-727, 710-1029,
 
13 and 710-1030[]], a person renders assistance to another if he: 
 
14      (1)  Harbors or conceals such person; 
 
15      (2)  Warns such person of impending discovery, apprehension,
 
16           prosecution, or conviction, except this does not apply
 
17           to a warning given in connection with an effort to
 
18           bring another into compliance with the law; 
 
19      (3)  Provides such person with money, transportation,
 
20           weapon, disguise, or other means of avoiding discovery,
 
21           apprehension, prosecution, or conviction; 
 
22      (4)  Prevents or obstructs, by means of force, deception, or
 

 
 
 
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                                     S.B. NO.           1476
                                                        
                                                        

 
 1           intimidation, anyone from performing an act that might
 
 2           aid in the discovery, apprehension, prosecution, or
 
 3           conviction of such person; or 
 
 4      (5)  Suppresses by an act of concealment, alteration, or
 
 5           destruction any physical evidence that might aid in the
 
 6           discovery, apprehension, prosecution, or conviction of
 
 7           such person."
 
 8      SECTION 3.  Statutory material to be repealed is bracketed.
 
 9 New statutory material is underscored.
 
10      SECTION 4.  This Act shall take effect upon its approval.
 
11 
 
12                              INTRODUCED BY:______________________
 
13