Bill Text: HI HB1467 | 2022 | Regular Session | Introduced
Bill Title: Relating To Child Abuse.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-26 - Referred to HHH, JHA, referral sheet 1 [HB1467 Detail]
Download: Hawaii-2022-HB1467-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1467 |
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THIRTY-FIRST LEGISLATURE, 2022 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO CHILD ABUSE.
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- Continuous
abuse of a minor under the age of sixteen years; requisite number of acts; penalty.
(1) A person commits the offense of continuous
abuse of a minor under the age of sixteen years if the person:
(a) Is a parent or
legal guardian of, resides in the same home with, or has recurring access to, a
minor under the age of sixteen years; and
(b) While the minor
is under the age of sixteen years, engages in three or more acts resulting in
bodily injury to the minor over a period of time.
(2) To convict under this section, the trier of
fact, if a jury, need unanimously agree only that the requisite number of acts
have occurred; the jury need not agree on which acts constitute the requisite
number.
(3) No other offense involving the same victim that
also involves abuse of a family or household member under section 709-906 or any
offense involving bodily injury as defined in section 707‑700, may be
charged in the same proceeding with a charge under this section, unless the
other charged offense occurred outside the period of the offense charged under
this section, or the other offense is charged in the alternative. A defendant may be charged with only one
count under this section, unless more than one victim is involved, in which
case a separate count may be charged for each victim.
(4) Continuous abuse of a minor under the age of sixteen years is a class C felony."
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 and
upon ratification of a constitutional amendment allowing the legislature, in cases
involving crimes against minors, to define what behavior constitutes a continuing
course of conduct, and what constitutes the jury unanimity that is required for
a conviction.
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INTRODUCED
BY: |
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By Request |
Report Title:
Honolulu Prosecuting Attorney's Office Package; Criminal Offenses; Continuous Abuse of a Minor
Description:
Adds a new section to Chapter 709, HRS, to criminalize continuous abuse of a minor under the age of 16 years. Effective upon ratification of constitutional amendment.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
