STAND. COM. REP. NO.666

Honolulu, Hawaii

, 2001

RE: H.B. No. 384

H.D. 1

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 384 entitled:

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

begs leave to report as follows:

The purpose of this bill is to clarify that indecent exposure and open lewdness are not prohibited in any place set aside for that purpose by the counties.

For purposes of facilitating review and comment, your Committee circulated a proposed H.D. 1 version of this bill prior to public hearing. The proposed H.D.1 authorizes a principal and a principal's agent to use force for the maintenance of reasonable discipline in a school, class, or other group, or at department-supervised activities held on or off school property.

This bill will allow school personnel other than teachers, such as principals, security personnel, and administrative staff to use reasonable force when it is warranted. Examples of warranted use of force include:

(1) When a counselor breaks up a fight between students; and

 

 

(2) When school personnel subdue and detain a student who has committed a crime on the school grounds or at an off-campus, school-authorized event until such time as law enforcement officials arrive at the scene.

In supporting the proposed draft, the Board of Education testified that this bill is necessary to ensure that school personnel take appropriate action when confronted with potentially dangerous or serious disciplinary situations.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 384, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 384, H.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,

____________________________

ERIC G. HAMAKAWA, Chair