Report Title:

Endangering Minors

Description:

Expands the crimes of endangering the welfare of a minor in the first degree and second degree to include the illegal use of a controlled substance in the presence of, or as witnessed by, a minor. (SD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

1995

TWENTY-THIRD LEGISLATURE, 2006

H.D. 1

STATE OF HAWAII

S.D. 1


 

A BILL FOR AN ACT

 

relating to endangering the welfare of a minor.

 

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

SECTION 1. Section 709-903.5, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

"(1) Except as provided in subsection (2), a person commits the offense of endangering the welfare of a minor in the first degree if, having care or custody of a minor, the person [intentionally]:

(a) Intentionally or knowingly allows another person to inflict serious or substantial bodily injury on the minor[.]; or

(b) Knowingly and unlawfully consumes, smokes, inhales, injects, ingests, or otherwise uses a controlled substance in the presence of, or as witnessed by, the minor."

SECTION 2. Section 709-904, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

"(1) Except as provided in section 709-903.5(2), a person commits the offense of endangering the welfare of a minor in the second degree if, having care or custody of a minor, the person [recklessly]:

(a) Recklessly allows another person to inflict serious or substantial bodily injury on the minor[.]; or

(b) Knowingly exposes the minor to an individual who unlawfully consumes, smokes, inhales, injects, ingests, or otherwise uses a controlled substance in the presence of, or as witnessed by, the minor."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2096.