STAND. COM. REP. NO.486

Honolulu, Hawaii

, 2001

RE: S.B. No. 1527

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 Health and Human Services, to which was referred S.B. No. 1527 entitled:

"A BILL FOR AN ACT RELATING TO PROMOTING CHILD ABUSE,"

begs leave to report as follows:

The purpose of this measure is to expand the definition of the acts constituting promoting of child abuse in the first degree, and to increase the penalty for promoting of child abuse in the second degree to a class B felony.

Your Committee received testimony in favor of this measure from the City and County of Honolulu Prosecuting Attorney and the County of Hawaii Police Department. Your Committee received comments on this measure from the Public Defender.

Your Committee finds that clarification of the acts constituting the offense of promoting child abuse in the first degree is needed for successful investigation and prosecution. The increase of the offense of promoting child abuse in the second degree from a class C felony to a class B felony is more in keeping with the seriousness of the offense of disseminating child pornography and more closely aligns the state law with similar federal laws.

Your Committee amended this measure by expanding the offense of promoting child abuse in the first degree to include acts of sexual contact to punish the making of pornography where the minor is used or focused on as a sexual object.

As affirmed by the record of votes of the members of your Committee on Health and Human Services that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1527, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1527, S.D. 1, and be referred to the Committee on Judiciary.

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

____________________________

DAVID MATSUURA, Chair