Bill Text: HI HB1467 | 2022 | Regular Session | Introduced

Hawaii House Bill 1467 (Prior Session Legislation)

Introduced

Bill Title: Relating To Child Abuse.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-26 - Referred to HHH, JHA, referral sheet 1 [HB1467 Detail]

Download: Hawaii-2022-HB1467-Introduced.html

HOUSE OF REPRESENTATIVES	H.B. NO.	1467
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO CHILD ABUSE.

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

SECTION 1. Chapter 709, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§709- Continuous abuse of a minor under the age of sixteen years; requisite number of acts; penalty. (1) A person commits the offense of continuous abuse of a minor under the age of sixteen years if the person:

(a) Is a parent or legal guardian of, resides in the same home with, or has recurring access to, a minor under the age of sixteen years; and

(b) While the minor is under the age of sixteen years, engages in three or more acts resulting in bodily injury to the minor over a period of time.

(2) To convict under this section, the trier of fact, if a jury, need unanimously agree only that the requisite number of acts have occurred; the jury need not agree on which acts constitute the requisite number.

(3) No other offense involving the same victim that also involves abuse of a family or household member under section 709-906 or any offense involving bodily injury as defined in section 707‑700, may be charged in the same proceeding with a charge under this section, unless the other charged offense occurred outside the period of the offense charged under this section, or the other offense is charged in the alternative. A defendant may be charged with only one count under this section, unless more than one victim is involved, in which case a separate count may be charged for each victim.

(4) Continuous abuse of a minor under the age of sixteen years is a class C felony."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval and upon ratification of a constitutional amendment allowing the legislature, in cases involving crimes against minors, to define what behavior constitutes a continuing course of conduct, and what constitutes the jury unanimity that is required for a conviction.

INTRODUCED BY:	_____________________________
	By Request

Report Title:

Honolulu Prosecuting Attorney's Office Package; Criminal Offenses; Continuous Abuse of a Minor

Description:

Adds a new section to Chapter 709, HRS, to criminalize continuous abuse of a minor under the age of 16 years. Effective upon ratification of constitutional amendment.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.