Report Title:

Child Endangerment

Description:

Establishes the offense of endangering the welfare of a child in a motor vehicle.

THE SENATE

S.B. NO.

2167

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO CHILD ENdangerment.

 

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

SECTION 1. Chapter 709, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"709-    Endangering the welfare of a child in a motor vehicle. (1) Notwithstanding chapter 571 or any other law to the contrary, the following persons commit the offense of endangering the welfare of a child in a motor vehicle:

(a) An adult person having care or custody of the child leaves the child unsupervised. A minor under the age of fifteen who has been instructed by the adult to remain with the child commits no offense regardless of whether or not that minor actually remains with the child; or

(b) A minor who is fifteen years of age or older who has been instructed by the adult to supervise the child leaves the child unsupervised. In this case, the adult commits no offense.

(2) Any law enforcement officer, firefighter, or rescue team personnel who observes a child left unsupervised in a motor vehicle in violation of subsection (1), and judges that the unsupervised child is in physical danger or poses a danger to others, may use whatever means reasonably necessary to protect the child or others and remove the child from the motor vehicle.

(3) Upon the removal of an unsupervised child from a motor vehicle pursuant to subsection (1), a law enforcement officer, firefighter, or rescue team personnel shall attach a written notification on the motor vehicle and shall deliver the child into the custody of child protective services of the department of human services; provided that the person having care or custody of the unsupervised child cannot be located within a reasonable time.

(4) Law enforcement officers, firefighters, or rescue team personnel shall not be liable in any civil action by any party for any act performed in good faith under this section.

(5) Endangering the welfare of a child in a motor vehicle is a petty misdemeanor.

(6) As used in this section:

"Child" means a person under the age of nine.

"Rescue team personnel" means a special group of physicians, basic life support personnel, advanced life support personnel, surgeons, nurses, volunteers, or employees of the owners or operators of a hospital or authorized emergency vehicle who have been trained in basic or advanced life support and have been designated by the owners or operators of the hospital or authorized emergency vehicle to attempt to provide such support and to resuscitate persons who are in immediate danger of loss of life in cases of emergency.

"Unsupervised" means leaving a child in a motor vehicle:

(a) Without an adult; or

(b) With a minor under the age of fifteen."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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