Report Title:

Child endangerment

Description:

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

THE SENATE

S.B. NO.

824

TWENTY-SECOND LEGISLATURE, 2003

 

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) A person commits the offense of endangering the welfare of a child in a motor vehicle if, having care or custody of a child, the person leaves the child unsupervised in a motor vehicle.

(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) may use whatever means reasonably necessary to protect the child and remove the child from the motor vehicle.

(3) If a law enforcement officer, firefighter, or rescue team personnel removes a child from a motor vehicle, notification shall be left on the motor vehicle and the child shall be placed in the custody of child protective services of the department of human services if the person having care or custody of the child cannot be located.

(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 the 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 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 another individual; or

(b) With an individual who is less than 15 years old.

(7) This section shall not apply to persons under the age of 15 who have been given care or custody of a child."

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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