Report Title:

Endangering Welfare of a Minor

 

Description:

Expands the crimes of endangering the welfare of a minor in the first and second degrees to include situations in which an adult causes or permits a minor to inject, ingest, or inhale any controlled substance that was not prescribed for the minor by a physician.  (HB2346 HD1)

 


HOUSE OF REPRESENTATIVES

H.B. NO.

2346

TWENTY-FOURTH LEGISLATURE, 2008

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

RELATING TO ENDANGERING THE WELFARE OF A MINOR.

 

 

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

 


     SECTION 1.  Section 709-903.5, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(1)  Except as provided in subsection (2), a person commits the offense of endangering the welfare of a minor in the first degree if, having care or custody of a minor, the person:

    (a)   Intentionally or knowingly allows another person to inflict serious or substantial bodily injury on the minor; or

    (b)   Intentionally or knowingly causes or permits the minor to inject, ingest [methamphetamine.], inhale, or otherwise introduce into the minor's body any controlled substance that has not been prescribed by a physician for the minor, except as permitted under section 329-122."

     SECTION 2.  Section 709-904, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(1)  Except as provided in section 709-903.5(2), a person commits the offense of endangering the welfare of a minor in the second degree if, having care or custody of a minor, the person:

    (a)   Recklessly allows another person to inflict serious or substantial bodily injury on the minor; or

    (b)   Recklessly causes or permits the minor to inject, ingest [methamphetamine.], inhale, or otherwise introduce into the minor's body any controlled substance that has not been prescribed by a physician for the minor, except as permitted under section 329-122."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.