STAND. COM. REP. NO. 2463

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 2221

       S.D. 1

 

 

 

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 2221 entitled:

 

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

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to address a weakness in the State's child pornography laws and provide greater protection for children by addressing instances of possession of particularly violent or egregious child pornography.  Specifically, this measure amends the offense of promoting child abuse in the second degree to include possession of thirty of more images of child pornography, where the content of at least one image contains a minor younger than the age of twelve, sadomasochistic abuse of a minor, or bestiality involving a minor.

 

     Your Committee received testimony in support of this measure from the Department of the Attorney General and two private individuals.

 

     Your Committee finds that child pornography is a permanent record of the actual sexual abuse, exploitation, and assault of innocent and helpless children.  However, Hawaii's child pornography laws are weak and do not distinguish between the various forms of child pornography.  Currently, possession of any form of child pornography is covered under the offense of promoting child abuse in the third degree, but a violation is only a class C felony.  This measure strengthens Hawaii's child pornography laws by amending the offense of promoting child abuse in the second degree, a class B felony, to include particularly violent or egregious child pornography.

 

     Your Committee has amended this measure by inserting an effective date of July 1, 2050, to ensure further discussion.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2221, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2221, S.D. 1.

 

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

 

 

 

____________________________

CLAYTON HEE, Chair