Bill Text: HI SB2160 | 2014 | Regular Session | Amended

Hawaii Senate Bill 2160 (Prior Session Legislation)

Bill Title: Felony; Report Death or Disappearance of Child; False Report; Missing Child

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Introduced - Dead) 2014-02-14 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDL. [SB2160 Detail]

Download: Hawaii-2014-SB2160-Amended.html

THE SENATE	S.B. NO.	2160
TWENTY-SEVENTH LEGISLATURE, 2014		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO FAILURE TO REPORT A MISSING CHILD.

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

SECTION 1. The legislature recognizes that current state law does not address the situation where a parent, legal guardian, or other person legally charged with the care or custody of a child fails to report the death or disappearance of the child, or where a caregiver actively conceals a child's death or disappearance. However, the legislature recognizes that state law should penalize any caregiver who fails to report a child's death or disappearance.

SECTION 2. Chapter 709, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§709- Failure to report a missing child. (1) A caregiver commits the offense of failure to report a missing child if:

(a) The child is under the age of sixteen;

(b) The caregiver knowingly or negligently fails to verify the safety and whereabouts of the child for a period of time in excess of forty-eight hours; and

(c) The caregiver knowingly or negligently fails to report the child as missing to a law enforcement agency upon the expiration of the forty-eight hour period.

(2) Nothing in this section shall preclude prosecution and conviction of the caregiver for the following offenses:

(a) Any applicable degree of homicide under chapter 707, part II;

(b) Reckless endangering under sections 707-713 and 707‑714;

(d) Concealing the corpse of an infant under section 709‑901;

(e) Endangering the welfare of a minor under sections 709‑903.5 and 709-904;

(f) Abuse of family and household members under section 709-906; or

(g) Any other applicable offense.

(3) For the purposes of this section, "caregiver" means a parent, legal guardian, or other person legally charged with the care or custody of a child.

(4) Failure to report a missing child is a class C felony."

SECTION 3. Chapter 709, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§709- Failure to report the death of a child. (1) A caregiver commits the offense of failure to report the death of a child if a caregiver fails to report the death of a child who was under the caregiver's custody to a law enforcement agency within two hours of the discovery of the child's death.

(2) "Caregiver" means a parent, legal guardian, or other person legally charged with the care or custody of a child.

(3) "Child" means a person under the age of eighteen years.

(4) Failure to report the death of a child is a class C felony."

SECTION 4. Chapter 709, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§709- False information to law enforcement regarding a missing child. (1) A caregiver commits the offense of false information to law enforcement regarding a missing child if the caregiver knowingly gives false information to a law enforcement officer with the intent to mislead the officer or impede either a missing person investigation or a felony criminal investigation that involves a child who is in the caregiver's care.

(2) "Caregiver" means a parent, legal guardian, or other person legally charged with the care or custody of a child.

(3) "Child" means a person under the age of eighteen years.

(4) False information to law enforcement regarding a missing child is a class C felony."

SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 6. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 7. New statutory material is underscored.

SECTION 8. This Act shall take effect upon its approval.

Report Title:

Felony; Report Death or Disappearance of Child; False Report; Missing Child

Description:

Establishes that it is a class C felony for caregivers to fail to report the death or disappearance of a child to law enforcement or to provide false information to law enforcement authorities about a missing child. (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.