Bill Text: HI SB2092 | 2022 | Regular Session | Amended
Bill Title: Relating To Child Torture.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2022-03-10 - Referred to JHA, referral sheet 24 [SB2092 Detail]
Download: Hawaii-2022-SB2092-Amended.html
THE SENATE |
S.B. NO. |
2092 |
THIRTY-FIRST LEGISLATURE, 2022 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO CHILD TORTURE.
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- Child
torture; penalty. (1) A
person commits the offense of child torture if the person is a parent or legal
guardian of, resides in the same home with, or has recurring access to, a minor
and intentionally, knowingly, or recklessly tortures the minor, with intent to cause
or knowledge of causing, or in reckless disregard of the substantial and
unjustifiable risk of causing, mental anguish to the minor.
(2) As used in this section, "torture" of
a minor includes the following:
(a) Inflicting, or
threatening to inflict, bodily injury upon the minor;
(b) Threatening the
minor with imminent death;
(c) Threatening the
minor that another person, or a pet, will imminently be subjected to death, serious
bodily injury, or substantial bodily injury;
(d) Depriving the minor
of necessary food, clothing, shelter, or medical care for a grossly unreasonable
period of time;
(e) Forcing the minor to ingest:
(i) Feces;
(ii) Toxic substances; or
(iii) Any substance in quantities that expose the minor to the risk of bodily injury; and
(f) Physically
restraining the minor in a manner that interferes substantially with the child's
liberty in a grossly unreasonable manner that serves no legitimate parental purpose.
(3) As used in this section, "mental anguish"
means mental pain and distress that is more than mere worry, anxiety, vexation,
resentment, embarrassment, or anger and is of such a nature, duration, and severity
that it causes a substantial disruption in the minor's daily routine.
(4) Child torture is a class A 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.
Report Title:
Honolulu Prosecuting Attorney's Office Package; Criminal Offenses; Child Torture
Description:
Adds a new section to Chapter 709, HRS, to establish the class A felony offense of child torture. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.