Bill Text: HI SB2443 | 2018 | Regular Session | Introduced
Bill Title: Relating To Children.
Spectrum: Partisan Bill (Democrat 14-0)
Status: (Introduced - Dead) 2018-01-22 - Referred to JDC/HMS, WAM. [SB2443 Detail]
Download: Hawaii-2018-SB2443-Introduced.html
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THE SENATE |
S.B. NO. |
2443 |
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TWENTY-NINTH LEGISLATURE, 2018 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO CHILDREN.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that child abuse
victims have as much a right to a speedy trial as does the defendant. The speedy
trial clause of the sixth amendment to the United States
Constitution provides in pertinent part as follows: "In all criminal prosecutions, the
accused shall enjoy the right to a speedy and public trial . . . " This is to protect the defendant from delay
between the presentation of the indictment or similar charging instrument and
the beginning of trial.
The website of the family courts
in Hawaii states, "Established by statute in 1965, the Family Court's
mission is to provide a fair, speedy,
economical, and accessible forum for the resolution of matters involving
families and children." (Emphasis
added) The legislature further finds
that the term "speedy" in the statute is not limited to the right to
a speedy trial for adult perpetrators of child abuse, but the term also confers
a right to a speedy trial for child victims of abuse.
The legislature further finds
that the failure to provide a speedy trial to child abuse victims further traumatizes
the child, who may develop childhood memories of a haunting assault,
particularly sexual assault. Undue
delays in family court hearings may exacerbate traumatizing memories for the
child, prolong the healing process, and cause permanent emotional damage. Additionally, over time and as a coping
mechanism, a child may suppress details of the abuse, which are critical in the
child's testimony.
The
legislature further finds that an independent state law enforcement agency is
needed to investigate certain child abuse cases. Locally, the murder of Peter "Peter
Boy" Kema after enduring many years of physical abuse from his parents is
a prime example of the failure of the child protective services. The case serves as one of Hawaii's most
egregious child abuse cases. It was
reported that Peter Boy and his siblings suffered years of extreme and
prolonged child abuse and neglect.
The purpose of this Act is to:
(1) Establish in the department of
the attorney general a child abuse investigation unit; and
(2) Require
an expedited disposition of cases in all criminal proceedings involving abuse
of minors.
SECTION 2. Chapter 28, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"Part
. CHILD ABUSE
INVESTIGATION UNIT
§28‑ Child abuse investigation unit. (a) There is established in the
department of the attorney general a child abuse investigation unit. The unit shall employ such attorneys,
investigators, and other personnel as necessary to promote the effective and
efficient conduct of the unit's activities.
Except for the attorneys, all other employees of the child abuse
investigation unit shall be subject to chapter 76.
(b) The child abuse investigation unit shall
investigate child abuse cases under chapter 587A upon referral from a court,
law enforcement agency, county prosecutor, or state department.
(c) As used in this section, "child abuse"
shall have the same meaning as "harm" under section 587A-4."
SECTION 3. Chapter 587A, Hawaii Revised Statutes, is amended by adding a new section to part V to be appropriately designated and to read as follows:
"§587A‑ Authority of the attorney general to investigate. The department of the attorney general may intervene to investigate the circumstances in any adjudication."
SECTION 4. Chapter 806, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§806‑ Expedited proceedings; continuances;
trial. (a) In
all criminal proceedings involving an offense under section 707-730, 707-731,
707-732, 707-733, or 707-733.6 perpetrated against a minor, or any other
proceedings involving a minor victim or witness of any physical abuse, the
court and the prosecution shall take appropriate action, including setting the
case for priority in the court docket, to ensure a prompt trial in order to
minimize the length of time a minor must endure the stress of the minor's
involvement in the proceedings.
(b) In deciding whether to grant a continuance, the court shall take into consideration the age of the minor and the potential adverse impact the delay may have on the minor's well-being; provided that no more than three continuances shall be permissible by either party; provided further that a trial shall commence within twelve months of the charge or indictment.
(c) The court shall impose sanctions against an attorney for the defense who is unprepared to commence trial."
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. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Child Abuse; Investigation Unit; Expedited Criminal Proceedings
Description:
Requires the court and the prosecution to take appropriate action to ensure a prompt trial in order to minimize the length of time a child victim or witness must endure the stress of the child's involvement in the proceedings. Establishes in the department of the attorney general a child abuse investigation unit. Allows the department of the attorney general to intervene in adjudications in family court.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
