Bill Text: HI SB2485 | 2012 | Regular Session | Introduced
Bill Title: Children; Missing; Child Death; Reporting; Felony Offenses
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Introduced - Dead) 2012-02-09 - (S) The committee on HMS deferred the measure. [SB2485 Detail]
Download: Hawaii-2012-SB2485-Introduced.html
|
THE SENATE |
S.B. NO. |
2485 |
|
TWENTY-SIXTH LEGISLATURE, 2012 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO CHILDREN.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to assist law enforcement authorities in their responsibilities by:
(1) Requiring timely reporting by a parent, guardian, or other person having the care, custody, or control of a child in the event of the death of a child or of a missing child, and establishing violations as a felony offense; and
(2) Establishing a felony offense in the event a parent, guardian, or other person having the care, custody, or control of a child gives false information to law enforcement authorities conducting a missing person investigation or a felony criminal investigation involving a child in the care of the parent, guardian, or other person.
SECTION 2. Chapter 577, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§577‑ Child death; reporting. (a) A parent, guardian, or other person having the care, custody, or control of a child, as defined in section 587A-4, shall report to law enforcement:
(1) The death of the child as soon as is reasonably possible after learning of the death; or
(2) The location of the corpse of the child as soon as is reasonably possible after learning of the location of the corpse.
(b) Any person who knowingly, intentionally, or wilfully violates subsection (a) shall be guilty of a class C felony."
SECTION 3. Section 577-27, Hawaii Revised Statutes, is amended to read as follows:
"[[]§577-27[]] Missing
children; reporting. (a) A parent, guardian, or other person having
the care, custody, or control of a child, as defined in section 587A-4, who is missing
shall report the missing child to law enforcement as soon as is reasonably
possible after the parent, guardian, or other person obtains knowledge that the
child is missing.
[(a)] (b) Upon the filing of a
police report that a child is missing by the parent [or],
guardian, or other person having the care, custody, or control of the child,
the law enforcement agency receiving notification shall:
(1) Immediately inform all on-duty law enforcement officers of the existence of the missing child report;
(2) Report pertinent information about the missing child to any other law enforcement agency having jurisdiction in the county; and
(3) Immediately transmit pertinent information on the missing child for inclusion within the state juvenile justice information system, and, if it appears that the juvenile has left the State or may leave the State, the National Crime Information Center system.
[(b)] (c) A missing child report
filed with a law enforcement agency which has jurisdiction is sufficient
documentation for entering a juvenile in the missing persons' files of the
juvenile justice information system, the National Crime Information Center, or
both. Law enforcement agencies having jurisdiction over the missing child
shall comply with any information required by the National Crime Information
Center to effectuate the purpose of this [[]section[]].
[(c)] (d) In the case of a
parental kidnapping, the law enforcement agency shall obtain from the reporting
parent [or], guardian, or other person having the care,
custody, or control of the child, a certified copy of the custody papers.
(e) Any person who knowingly, intentionally, or wilfully violates subsection (a) shall be guilty of a class C felony."
SECTION 4. Section 710-1015, Hawaii Revised Statutes, is amended to read as follows:
"§710-1015 False reporting to law-enforcement authorities. (1) A person commits the offense of false reporting to law-enforcement authorities if the person intentionally makes a report or causes the transmission of a report to law-enforcement authorities relating to a crime or other incident within their concern when the person knows that the information contained in the report is false.
(2) A parent, guardian, or other person having the care, custody, or control of a child, who knowingly, intentionally, or wilfully gives false information to law-enforcement authorities conducting a missing person investigation or a felony criminal investigation involving a child in the care of the parent, guardian, or other person commits a class C felony.
[(2) False] (3) Except as provided
in subsection (2), false reporting to law-enforcement authorities is a
misdemeanor."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
Report Title:
Children; Missing; Child Death; Reporting; Felony Offenses
Description:
Requires a parent, guardian, or other person having the care, custody, or control of a child to report the death of a child or location of the corpse of a child to law enforcement as soon as is reasonably possible after learning of the death or location of the corpse; requires a parent, guardian, or other person to report a missing child to law enforcement as soon as is reasonably possible after the parent, guardian, or other person obtains knowledge that the child is missing; establishes a class C felony offense for reporting violations and for giving false information to law enforcement authorities conducting a missing person investigation or a felony criminal investigation involving a child.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
