CONFERENCE COMMITTEE REPORT NO. 79

                            Honolulu, Hawaii
                                            , 1999

                            RE:   H.B. No. 273
                                  H.D. 2
                                  S.D. 2
                                  C.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Conference on the disagreeing vote of the
House of Representatives to the amendments proposed by the Senate
in H.B. No. 273, H.D. 2, S.D. 2, entitled:

    "A BILL FOR AN ACT RELATING TO CHILDREN,"

having met, and after full and free discussion, has agreed to
recommend and does recommend to the respective Houses the final
passage of this bill in an amended form.

     The purpose of this bill is to create new penalties for
child abuse.  Specifically, this bill:

     (1) Makes it a class A felony to intentionally, knowingly,
         or recklessly cause serious bodily injury to a minor
         twelve years of age or younger;

     (2) Makes it a class B felony to intentionally, knowingly,
         or recklessly cause substantial bodily injury to a minor
         twelve years of age or younger;


 
 
 
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     (3) Requires that, in determining whether the use of force
         is justifiable under section 703-309, Hawaii Revised
         Statutes (HRS), consideration must be given to the
         condition of the minor;

     (4) For purposes of determining whether to impose an
         extended term of imprisonment under section 706-662,
         HRS, raises the age of a minor victim from eight years
         of age or younger to twelve years of age or younger;

     (5) For purposes of determining whether to impose a
         mandatory term of imprisonment for offenses against
         children, elder persons, or handicapped persons
         resulting in the victim's death or serious bodily injury
         under section 706-660.2, HRS, raises the age of a child
         victim from eight years of age or younger to twelve
         years of age or younger; and

     (6) Makes it a misdemeanor offense under section 709-904,
         HRS, to knowingly endanger the welfare of a minor in the
         second degree.

     After much discussion, your Committee on Conference has
amended the bill by:

     (1) Deleting language that makes it a class A felony to
         "recklessly" cause serious bodily injury to a minor
         twelve years of age or younger;

     (2) Making it a class C felony to recklessly cause
         substantial bodily injury to a minor twelve years of age
         or younger; 

     (3) Deleting amendments to section 706-660.2, HRS, that
         would have, for purposes of determining whether to
         impose a mandatory term of imprisonment for offenses
         against children, elder persons, or handicapped persons,
         raised the age of a child victim from eight to twelve
         years of age or younger;

     (4) Deleting amendments to section 709-904, HRS, that would
         have made it a misdemeanor offense to knowingly endanger
         the welfare of a minor in the second degree;

     (5) Making it assault in the first degree under section 707-
         710, HRS, to intentionally or knowingly cause serious
         bodily injury to "a person thirteen years of age or
         older," rather than "another person";


 
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     (6) Making it assault in the second degree under section
         707-711, HRS to:

         (a)  Intentionally or knowingly cause substantial bodily
              injury to "a person thirteen years of age or
              older," rather than "another person"; or

         (b)  Recklessly cause serious bodily injury to "a person
              thirteen years of age or older," rather than
              "another person"; and

     (7) Making technical, nonsubstantive revisions for purposes
         of consistency and style.

     Your Committee on Conference is in accord with the intent
and purpose of H.B. No. 273, H.D. 2, S.D. 2, as amended herein,
and recommends that it pass Final Reading in the form attached
hereto as H.B. No. 273, H.D. 2, S.D. 2, C.D. 1.

                                   Respectfully submitted,

MANAGERS ON THE PART OF THE        MANAGERS ON THE PART OF THE
           SENATE                              HOUSE
                                   
                                   
                                   
______________________________     ______________________________
SUZANNE CHUN OAKLAND, Co-Chair     DENNIS A. ARAKAKI, Co-Chair
                                   
                                   
                                   
______________________________     ______________________________
AVERY B. CHUMBLEY, Co-Chair        PAUL T. OSHIRO, Co-Chair
                                   
                                   
                                   
______________________________     ______________________________
MATTHEW M. MATSUNAGA, Co-Chair     MICHAEL PUAMAMO KAHIKINA,
                                   Member
                                   
                                   
______________________________     
WHITNEY ANDERSON, Member           ______________________________
                                   MARILYN B. LEE, Member
                                   
                                   
                                   
                                   ______________________________
                                   PAUL WHALEN, Member

 
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