I don’t think I’ve ever seen this volume of domestic violence and abuse-related measures being proposed in a single legislative session before! Here’s what’s on line for this week (these are abbreviated summaries):
State Capitol Room 329 promises to be moving and shaking starting bright and early (8:30am) on Monday morning (02/06/12) when the House Human Services Committee (HUS) will be hearing the following bills:
- HB2467 Amends the offense of promoting child abuse in the 2nd degree to include the possession of particularly violent or egregious child pornography
- HB2472 Prohibits adults from soliciting minors to electronically transmit nude images of minors; prohibits minors from electronically transmitting nude images of themselves, other minors or soliciting other minors to do so
- HB2843 Asks for moneys from the emergency and budget reserve fund to DHS for child abuse and neglect social services.
Don’t go anywhere because a combined hearing of the HUS and House Labor & Public Employment Committee (LAB) will begin at 10:00am to hear
- HB1994 Asks for money for the office of community services, in coordination with other state agencies, to provide social services for survivors of human trafficking.
- HB1995 Requires establishments to conspicuously place a poster that provides specified information relating to human trafficking and the National Human Trafficking Resource Center hotline.
At 10:15am, the LAB Committee will switch out with the House Health Committee (HLT) to hear HB1886 Makes it a class C felony for parents, guardians, etc. of a child to fail to report the disappearance or death of the child to DHS or the police within X hours. Makes it a class C felony for family members to fail to report known child abuse or neglect to DHS or police within X hours.
An hour later (11:15am) the House Housing Committee (HSG) will trade places with HLT to hear HB2280 Prohibiting landlords from terminating the tenancy of tenants who are victims of domestic abuse.
HLT will then be replaced at 11:30am by the House Culture & Arts Committee to hear HB2133 that seeks to designate October as DV Awareness Month.
Tuesday (02/07/12) morning starts off at a little more forgiving pace at 10:15am in State Capitol Room 016 when the Senate Judiciary & Labor Committee (JDL) will be hearing SB2278 (this is the companion bill – or the same thing/same wording as HB1995 – see above)
A heavier schedule follows at 1:30pm when the Senate Human Services Committee (HMS) convenes to hear
- SB2795 Asking that the term “aggravated circumstances” in HRS587A match the recent changes to CAPTA (the federal Child Abuse Prevention & Treatment Act) http://www.acf.hhs.gov/programs/cb/laws_policies/cblaws/capta03/capta_manual.pdf
- SB2404 Creates an offense of excessive discipline of a minor by using certain disciplinary actions against a minor under the age of 18
- SB2485 Requires a parent, guardian, etc. to report a missing or dead child to police as soon as possible after realizing that the child is missing; establishes a class C felony offense for reporting violations and for giving false information to law enforcement authorities re: a missing person investigation or a felony criminal investigation involving a child.
- SB2575 Amends the definition of child abuse or neglect to include acts or omissions of any person or legal entity. Requires mandatory reporting when there is reasonable suspicion of child abuse or neglect.
- SB3057 Establishes a rebuttable presumption that a custodial parent’s decision re: visitation is in the best interests of the child; requires the court to consider various factors in awarding parental visitation rights.
If you’re interested in hearing decision-making on last week's Cyber Crimes bills, head upstairs at 2:30pm to State Capitol Room 325 where the House Judiciary Committee (JUD) will be voting on:
- HB1709 Creates a new class C felony offense, aggravated harassment by impersonation. Clarifies that "electronic communication," when used to commit the offense of harassment by impersonation, includes: online chat, instant messaging, and postings; web pages; and social networking web sites.
- HB2295 Establishes the offense of harassment by cyberbullying. Amends the offense of use of a computer in the commission of a separate crime to include harassment by cyberbullying.
- HB2027 Adds new definitions to computer crime, including identifying information, malware, phishing, and spyware. Establishes a 3rd degree of computer fraud, and incorporates the element of phishing into computer fraud offenses. Amends the offense of unauthorized computer access in the 3rd degree to include distributing or transferring spyware without authorization or by deceptive means.
- HB1788 Adds new definitions to computer crime, including cookie, identifying information, phishing, and spyware. Makes it a criminal offense to distribute or transfer spyware that: modifies an authorized user's access to or use of the Internet, or collects the internet addresses visited by an authorized user. Creates a 3rd degree of computer fraud, and incorporates phishing into computer fraud offenses.
- HB2147 Increases the penalties for: (1) unauthorized computer access in the 1st degree from a class B felony to class A and increases the required value of information obtained from more than $5,000 to more than $20,000; (2) unauthorized computer access in the 2nd degree from a class C felony to class B; and (3) unauthorized computer access in the 3rd degree from a misdemeanor to a class C felony.
- HB1778 Amends sections HRS 708-895.5- 7, to increase unauthorized computer access in the 1st degree to a class A felony, increase unauthorized computer access in the 2nd degree to a class B felony, and increase unauthorized computer access in the 3rd degree to a class C felony.
- HB2271 Creates process for obtaining out-of-state records in criminal cases. Amends computer fraud and unauthorized computer access statute and penalties
As of this moment, Wednesday and Friday are looking free (BUT that can all change at a moment’s notice so be sure to check in to the Legislative website at http://www.capitol.hawaii.gov/) or subscribe to committee hearing notices by registering at http://www.capitol.hawaii.gov/login/register.aspx
Otherwise the HMS Committee will hear SB3046 (that requires DHS to comply with the federal Child Abuse Prevention and Treatment Act of 2010) on Thursday, 02/09/12, at 1:30pm in State Capitol Room 016.
To see a new shortcut to submitting your written testimony, please go back to 02/01/12’s article “Facts and info the Hawaii public should know” – it’s easier now more then ever!















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