STAND. COM. REP. NO. 58

                                 Honolulu, Hawaii
                                                   , 1999

                                 RE: H.B. No. 273
                                     H.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Human Services and Housing, to which was
referred H.B. No. 273 entitled: 

     "A BILL FOR AN ACT RELATING TO CHILDREN,"

begs leave to report as follows:

     The purpose of this bill is to deter child abuse by:

     (1)  Creating a distinct felony of "child abuse"; and
     
     (2)  Increasing criminal penalties for perpetrators of child
          abuse.

     The Department of the Prosecuting Attorney of the City and
County of Honolulu submitted testimony in support of the intent
of this measure.  One individual submitted comments.

     Your Committee finds that setting the age of child abuse at
age sixteen may bring about unintended consequences.  Therefore,
this measure has been amended by changing all references of age
sixteen to age fourteen.

     Your Committee notes that in its current form, section 703-
309, Hawaii Revised Statutes, requires the prosecution to prove
beyond a reasonable doubt that the defendant's actions were not:

     (1)  For legitimate disciplinary purposes; and


 
 
 
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     (2)  Designed to cause, or known to cause, a risk of causing
          substantial bodily injury, disfigurement, extreme pain,
          mental distress, or neurological damage.

This is a very significant burden for the prosecution that is
often difficult to overcome.  Your Committee respectfully
requests the Committee on Judiciary and Hawaiian Affairs to
examine an affirmative defense requiring the defendant to assume
the burden of proof.

     As affirmed by the record of votes of the members of your
Committee on Human Services and Housing that is attached to this
report, your Committee is in accord with the intent and purpose
of H.B. No. 273, as amended herein, and recommends that it pass
Second Reading in the form attached hereto as H.B. No. 273, H.D.
1, and be referred to the Committee on Judiciary and Hawaiian
Affairs.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Human Services
                                   and Housing,



                                   ______________________________
                                   DENNIS A. ARAKAKI, Chair