STAND. COM. REP. NO.3161

Honolulu, Hawaii

, 2002

RE: H.B. No. 2428

H.D. 1

S.D. 2

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 2428, H.D. 1, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO AGE VERIFICATION OF SEXUAL PERFORMERS,"

begs leave to report as follows:

The purpose of this measure is to require producers of pornography to verify that their performers are not minors, and to keep documentation of this verification.

This measure is intended to facilitate the investigation and prosecution of producers and purveyors of child pornography, by making the failure to create and maintain age verification records of sexual performers a crime. Law enforcement will be allowed to check records of producers or purveyors of pornography to ascertain whether minors were used in the creation or production of sexual performance or material. By making the failure to keep records a crime, law enforcement will not have to involve minors in their investigation.

Your Committee has amended this measure by:

(1) Clarifying the amendatory language in section 1 to add the new sections to part II of chapter 712, Hawaii Revised Statutes, relating to offenses relating to obscenity, which contains a definition of "pornographic";

(2) On the recommendation of the Honolulu Prosecuting Attorney, by deleting reference to "birth certificate" to prove age;

(3) On recommendation of the Attorney General, by adding "pornographic" in reference to describing acts and materials; and

(4) On the recommendation of the Attorney General and the Honolulu Prosecuting Attorney, deleting the definition of "sexual exploitation of a minor", because this measure does not utilize that term.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2428, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 2428, H.D. 1, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

____________________________

BRIAN KANNO, Chair