Honolulu, Hawaii
                                                   , 1999

                                 RE: H.B. No. 273
                                     H.D. 2

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


     Your Committee on Judiciary and Hawaiian Affairs, to which
was referred H.B. No. 273, H.D. 1, entitled: 


begs leave to report as follows:

     The purpose of this bill is to deter child abuse by, among
other things:

     (1)  Creating two new offenses: child abuse in the first
          degree and child abuse in the second degree; and

     (2)  Adding the condition of the minor as another factor to
          determine whether the force used by a parent, guardian,
          or other responsible person was justifiable to
          safeguard the minor; and

     (3)  Increasing criminal penalties for perpetrators of child

     Testimony in support of this bill was received from the
Honolulu Police Department and the Department of the Prosecuting
Attorney for the City and County of Honolulu.  Additional
testimony was received from the Office of the Public Defender. 

     Your Committee finds that instances of child abuse are on
the rise and that stronger penalties are warranted.

     Your Committee has amended this bill by:

                                 STAND. COM. REP. NO. 973
                                 Page 2

     (1)  Lowering the age of the victim from fourteen to ten
          years or younger;

     (2)  Deleting the requirement of "recklessly" so that
          penalties attach to only those who intentionally or
          knowingly cause serious or substantial bodily injury to
          the minor;

     (3)  Preserving current law with respect to the minimum age
          requirement necessary to invoke extended terms of
          imprisonment under section 706-662, Hawaii Revised

     (4)  Preserving current law with respect to sections
          706.60.2, 709.903.5, and 709-904, Hawaii Revised

     (5)  Adding language to ensure that this measure does not
          violate ex post facto constitutional protections; and

     (6)  Making technical, nonsubstantive amendments for
          purposes of style and clarity and to conform the
          measure with the amendments made herein.

     As affirmed by the record of votes of the members of your
Committee on Judiciary and Hawaiian Affairs that is attached to
this report, your Committee is in accord with the intent and
purpose of H.B. No. 273, H.D. 1, as amended herein, and
recommends that it pass Third Reading in the form attached hereto
as H.B. No. 273, H.D. 2.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Judiciary &
                                   Hawaiian Affairs,

                                   PAUL T. OSHIRO, Chair