STAND. COM. REP. NO. 845

Honolulu, Hawaii

, 2005

RE: H.B. No. 540

H.D. 2

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 540, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CHILD PROTECTION,"

begs leave to report as follows:

The purpose of this bill is to provide immunity from prosecution for leaving an unharmed newborn at a hospital, fire station, or police station within 72 hours of birth. The bill also provides hospitals, fire stations, and police stations immunity from liability for receiving a newborn. Although the person relinquishing the child may voluntarily disclose their identity, the person must provide a medical history of the newborn.

The Hawaii Catholic Conference, Hawaii Family Forum, and a concerned individual testified in support of this bill. The Department of the Prosecuting Attorney of the City and County of Honolulu supported the intent of this measure. The Department of Human Services (DHS) opposed this bill.

Your Committee has amended this bill by making technical, nonsubstantive amendments for clarity, consistency, and style.

Your Committee encourages DHS to look into developing forms that persons dropping off newborns can voluntarily complete and return, so as not to deter drop-offs. These forms would include a section for information pertaining to the newborn's medical and genealogical history, to address the concerns raised by DHS and in the Governor's veto message on H.B. No. 133, on June 20, 2003, and any other information that DHS determines to be significant. The forms can then be returned immediately, dropped off at a later time, mailed, or returned in whatever way DHS determines is best.

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. 540, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 540, H.D. 2.

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

 

____________________________

SYLVIA LUKE, Chair