REPORT TITLE:
Alcohol/Drug use; Pregnancy


DESCRIPTION:
Creates the offense of endangering the welfare of a fetus as a
petty misdemeanor.  Allows imposition of probation for remaining
term of pregnancy or 6 months, whichever is longer.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.1346       
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO ENDANGERING THE WELFARE OF A FETUS.



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

 1      SECTION 1.  Chapter 709, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "709-     Endangering the welfare of a fetus.  (1)  A
 
 5 person  commits the offense of endangering the welfare of a fetus
 
 6 if the person is pregnant and, once the person has knowledge of
 
 7 the pregnancy, illegally uses any controlled substance, as
 
 8 defined and enumerated on schedules I through IV of chapter 329.
 
 9      (2)  Endangering the welfare of a fetus is a petty
 
10 misdemeanor.
 
11      (3)  Notwithstanding section 706-623 or any other provision
 
12 of law, the court may sentence any person convicted under this
 
13 section to probation for the remaining term of the pregnancy or
 
14 for six months, whichever is longer."
 
15      SECTION 2.  This Act does not affect rights and duties that
 
16 matured, penalties that were incurred, and proceedings that were
 
17 begun, before its effective date.
 
18      SECTION 3.  New statutory material is underscored.
 

 
Page 2                                                     
                                     H.B. NO.1346       
                                                        
                                                        

 
 1      SECTION 4.  This Act shall take effect upon its approval.
 
 2 
 
 3                           INTRODUCED BY:  _______________________