STAND. COM. REP. NO. 655-04

Honolulu, Hawaii

, 2004

RE: H.B. No. 2254

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 2254 entitled:

"A BILL FOR AN ACT RELATING TO CHAPTER 707, HAWAII REVISED STATUTES,"

begs leave to report as follows:

The purpose of this bill is to clarify that the definition of "sexual penetration" includes the acts of cunnilingus and anilingus whether or not actual penetration has occurred.

The Department of the Prosecuting Attorney for the City and County of Honolulu, Department of the Prosecuting Attorney for the County of Maui, Honolulu Police Department, Sex Abuse Treatment Center, and a concerned individual testified in support of this bill.

Your Committee finds that contrary to an earlier Hawaii Supreme Court decision that cunnilingus and anilingus did not require actual penetration to be considered "sexual penetration", a recent interpretation by the Hawaii Supreme Court held that actual penetration is required. This measure will conform statutory language to the earlier interpretation of "sexual penetration".

 

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. 2254 and recommends that it pass Second Reading and be placed on the calendar for Third Reading.

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

 

____________________________

ERIC G. HAMAKAWA, Chair