Bill Text: HI HB2336 | 2020 | Regular Session | Amended
Bill Title: Relating To Reports Of Child Abuse.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2020-03-16 - The hearing on this measure has been cancelled until further notice. [HB2336 Detail]
Download: Hawaii-2020-HB2336-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2336 |
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THIRTIETH LEGISLATURE, 2020 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO REPORTS OF CHILD ABUSE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The Child Abuse Prevention and Treatment Act (CAPTA), as amended, provides federal funding to states for prevention, assessment, investigation, prosecution, and treatment activities for child abuse and neglect. On January 7, 2019, the Victims of Child Abuse Act Reauthorization Act of 2018 (P.L. 115-424), was enacted, further amending certain provisions of CAPTA. The 2019 amendment provides immunity from civil and criminal liability "for individuals making good faith reports of suspected or known instances of child abuse or neglect, or who otherwise provide information or assistance, including medical evaluations or consultations, in connection with a report, investigation, or legal intervention pursuant to a good faith report of child abuse or neglect" (42 U.S.C. 5106a(b)(2)(B)(vii)).
The purpose of this Act is to bring state law into compliance with the most recent amendments to CAPTA.
SECTION 2. Section 350-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Anyone participating in good faith in the
making of a report pursuant to this chapter shall have immunity from any
liability, civil or criminal, that might be otherwise incurred or imposed by or
as a result of the making of [such] the report. The immunity under this subsection shall also
apply to persons who otherwise provide information or assistance, including
medical evaluations or consultation, in connection with a report,
investigation, or legal intervention pursuant to a good faith report of child
abuse or neglect. Any [such]
participant under this section shall have the same immunity with respect
to participation in any judicial proceeding resulting from [such] the
report."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on December 31, 2059.
Report Title:
Reports of Child Abuse; Immunity
Description:
Adds immunity from civil and criminal liability for individuals who provide information or assistance in child abuse investigations. Effective 12/31/2059. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
