Bill Text: HI HB231 | 2013 | Regular Session | Amended

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Bill Title: Honolulu Prosecutor Package; Use of Force Unjustified

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2013-02-28 - Referred to JDL. [HB231 Detail]

Download: Hawaii-2013-HB231-Amended.html

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STAND. COM. REP. NO.  254

 

Honolulu, Hawaii

                , 2013

 

RE:   H.B. No. 231

      H.D. 1

 

 

 

 

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary, to which was referred H.B. No. 231 entitled:

 

"A BILL FOR AN ACT RELATING TO USE OF FORCE BY PERSONS WITH SPECIAL RESPONSIBILITY FOR CARE, DISCIPLINE, OR SAFETY OF OTHERS,"

 

begs leave to report as follows:

 

     The purpose of this measure is to clarify the types of physical force presumed unjustifiable when used by a parent, guardian, or other similarly-situated person to discipline minors, for the purpose of responding to charges of abuse of a family or household member, assault, or other criminal charges.  

 

     The Department of the Prosecuting Attorney of the City and County of Honolulu; Office of the Prosecuting Attorney, County of Kauai; and IMUAlliance testified in support of this measure.  The Office of the Public Defender testified in opposition to this bill.

 

     Your Committee has amended this measure by:

 

     (1)  Making it a rebuttable presumption that the types of force specified are unjustifiable;

 

     (2)  Removing striking on the face as one of the types of force presumed unjustifiable; and

 

     (3)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 231, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 231, H.D. 1, and be placed on the calendar for Third Reading.

 

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

 

 

		____________________________ KARL RHOADS, Chair