Bill Text: HI SB2404 | 2012 | Regular Session | Amended

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Bill Title: Assault; Excessive Discipline of a Minor

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-02-17 - (S) Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDL. [SB2404 Detail]

Download: Hawaii-2012-SB2404-Amended.html

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STAND. COM. REP. NO. 2384

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 2404

       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 Human Services, to which was referred S.B. No. 2404 entitled:

 

"A BILL FOR AN ACT RELATING TO OFFENSES AGAINST THE PERSON,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to establish:

 

     (1)  An offense of excessive discipline of a minor under the age of eighteen years if the person causes bodily injury, serious bodily injury, or substantial bodily injury in the course of disciplining a minor by the use of certain objects; and

 

     (2)  First, second, and third degree assault penalties, depending on severity of injury to the minor.

 

     Your Committee received testimony in support of this measure from the Department of the Prosecuting Attorney, City and County of Honolulu; Prevent Child Abuse Hawaii; and one individual.  Your Committee received testimony in opposition to this measure from two individuals.

 

     Your Committee finds that establishing a specialized offense for excessive discipline of a minor would be a deterrent for child abuse and provide greater protection for Hawaii's children.  Moreover, correlating the level of offense to the level of injury inflicted on the child would require prosecutors to obtain a doctor's opinion as to the severity of the injuries before a felony could be charged.  This requirement would mirror felony assault statutes that have similar requirements.

 

     Your Committee has considered recommendations to strengthen the effectiveness of this measure and amended this measure accordingly, by:

 

     (1)  Clarifying the state of mind for the separate offenses, as:

 

          (A)  Assault in the first degree if a person knowingly or intentionally causes serious bodily injury to a minor;

 

          (B)  Assault in the second degree if a person recklessly causes substantial bodily injury to a minor; and

 

          (C)  Assault in the third degree if a person negligently causes substantial bodily injury to a minor.

 

     (2)  Adding language to delete provisions, from section 703‑309, Hawaii Revised Statutes, relating to justifiable use of force by a parent or guardian or other person similarly responsible for the general care and supervision of a minor, or a person acting at the request of the parent, guardian, or other responsible person; and

 

     (3)  Making technical amendments for the purposes of clarity and consistency.

 

     As affirmed by the record of votes of the members of your Committee on Human Services that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2404, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2404, S.D. 1, and be referred to the Committee on Judiciary and Labor.

 

Respectfully submitted on behalf of the members of the Committee on Human Services,

 

		____________________________ SUZANNE CHUN OAKLAND, Chair