STAND. COM. REP. NO. 241

Honolulu, Hawaii

, 2001

RE: S.B. No. 726

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 726 entitled:

"A BILL FOR AN ACT RELATING TO ASSAULT,"

begs leave to report as follows:

The purpose of this measure is to create enhanced penalties for assault committed against a pregnant person.

Your Committee received testimony in support of this measure from the Honolulu Prosecuting Attorney, Hawaii Prosecuting Attorney, Hawaii County Police Department, Hawaii State Commission on the Status of Women, Hawai'i State Coalition Against Domestic Violence, Catholic Charities, YWCA of Kauai, Big Island Coalition For Neighborhood Safety, and seven private citizens. Testimony in opposition was received from the Public Defender.

Assault against pregnant women is a crime that cannot be condoned, yet current laws do not specifically address this matter. This measure bridges the chasm in the law by increasing the grade of the offense.

Your Committee has amended this measure on the recommendation of the Honolulu Prosecuting Attorney by:

(1) Requiring the imposition of mandatory minimum terms and consideration for an extended term when a defendant is convicted of an assault and the assault is against a pregnant woman; and

(2) Deleting provisions referencing increasing the grade of the offense.

Your Committee has also made technical, nonsubstantive amendments for preferred drafting style.

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 S.B. No. 726, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 726, 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 KANNO, Chair