Report Title:

Child Abandonment

 

Description:

Increases child abandonment to a class C felony and renames the offense to child abandonment in the first degree. Establishes the offense of child abandonment in the second degree and makes it a misdemeanor to abandon a child by leaving the child with a person in reckless disregard of the risk that the person is not who the person claims to be or has no ascertainable address. Eff. July 1, 2050. (SD1)

 


THE SENATE

S.B. NO.

2886

TWENTY-FOURTH LEGISLATURE, 2008

S.D. 1

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO CHILD ABANDONMENT.

 

 

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- Abandonment of a child in the second degree. (1) A person commits the offense of abandonment of a child in the second degree if, being a parent, guardian, or other person legally charged with the care or custody of a child less than fourteen years old, the person leaves the child with another person in reckless disregard of the risk that:

(A) The other person's true identity is unknown;

(B) The other person has no place of residence or employment; or

(C) The other person's true place of residence or employment is unknown.

(2) Leaving a newborn child at a hospital, fire station, or police station or with emergency services personnel pursuant to section 587D‑2 shall not constitute a violation of this section.

(3) Abandonment of a child in the second degree is a misdemeanor."

SECTION 2. Section 709-902, Hawaii Revised Statutes, is amended to read as follows:

"709-902 Abandonment of a child[.] in the first degree. (1) A person commits the offense of abandonment of a child in the first degree if, being a parent, guardian, or other person legally charged with the care or custody of a child less than fourteen years old, the person deserts the child in any place with intent to abandon it.

(2) Leaving a newborn child at a hospital, fire station, or police station or with emergency services personnel pursuant to section 587D‑2 shall not constitute a violation of this section.

(3) Abandonment of a child [is a misdemeanor.] in the first degree is a class C felony."

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 on July 1, 2050.