STAND. COM. REP. NO. 3018

 

Honolulu, Hawaii

                  

 

RE:    H.B. No. 2346

       H.D. 2

       S.D. 1

 

 

 

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

 

Madam:

 

     Your Committee on Human Services and Public Housing, to which was referred H.B. No. 2346, H.D. 2, entitled:

 

"A BILL FOR AN ACT RELATING TO ENDANGERING THE WELFARE OF A MINOR,"

 

begs leave to report as follows:

 

     The purpose of this measure is to amend the penal law concerning the offense of endangering the welfare of a minor.

 

     Specifically, this measure would expand the crime of endangering the welfare of a minor in the first degree, which is a class C felony, to include Schedule I, II, and III controlled substances.  The measure would also expand the misdemeanor offense of endangering the welfare of a minor in the second degree to include Schedule I and II controlled substances.

 

     Testimony in support of this measure was submitted by the Department of Public Safety and the Department of the Prosecuting Attorney of the City and County of Honolulu.  Testimony in opposition to this measure was submitted by Community Alliance on Prisons and the Drug Policy Forum of Hawaii.  Written comments on the measure were submitted by the Office of the Public Defender. 

 

     Your Committee finds that this measure would create greater protection for the health and safety of the children of Hawaii, and is necessary because of the high risk of injury ingestion of Schedule I, II, and III controlled substances can cause.  As suggested by the Department of Public Safety and the Department of the Prosecuting Attorney, your Committee further finds that Schedule IV drugs should be added to the lists of both offenses because of these substances' commonality and high instance of abuse in the community.  

 

     Your Committee notes that, as suggested by the Department of Public Safety, adding Schedule III and IV controlled substances to the offense of endangering the welfare of a minor in the second degree generally should not apply to mothers who breastfeed and unwittingly introduce Schedule I, II, III, or IV controlled substances into their babies' systems because this offense requires a "reckless" state of mind which requires an individual to demonstrate a conscious disregard for substantial and unjustifiable risk in the course of their conduct.

 

     Accordingly, your Committee has amended this measure by:

 

     (1)  Incorporating the comments of the Department of Public Safety by adding Schedule IV controlled substances to the description of endangering the welfare of a minor in the first degree, and by adding Schedule III and IV controlled substances to the description of endangering the welfare of a minor in the second degree; and

 

     (2)  By changing the effective date to "upon approval".

 

     As affirmed by the record of votes of the members of your Committee on Human Services and Public Housing that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2346, H.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2346, H.D. 2, S.D. 1, and be referred to the Committee on Judiciary and Labor.

 

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

 

 

 

____________________________

SUZANNE CHUN OAKLAND, Chair