Bill Text: HI SB529 | 2013 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Parental Rights; Rape; Sexual Assault

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Passed) 2013-07-09 - Act 253, 7/1/2013 (Gov. Msg. No. 1356). [SB529 Detail]

Download: Hawaii-2013-SB529-Amended.html

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STAND. COM. REP. NO. 30

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 529

 

 

 

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

 

Madam:

 

     Your Committee on Human Services, to which was referred S.B. No. 529 entitled:

 

"A BILL FOR AN ACT RELATING TO PARENTAL RIGHTS,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to:

 

     (1)  Prohibit family courts from awarding a person custody of or visitation with a child if the person has been convicted of rape or sexual assault and the child was conceived as a result of that violation; and

 

     (2)  Authorize the family courts to terminate parental rights, with respect to a child, of a natural father who has been convicted of rape or sexual assault and the child was conceived as a result of the rape or sexual assault.

 

     Your Committee received testimony in support of this measure from the Hawaii State Commission on the Status of Women and the Sex Abuse Treatment Center.

 

     Your Committee finds that state law does not prevent a natural father from claiming paternity rights and obtaining custody of or visitation with a child conceived as a result of sexual assault or rape.  The father is afforded the same rights as any other father despite the sexual assault or rape against the victim-mother because Hawaii does not have a law restricting or terminating those rights.  Consequently, any natural father may assert paternity rights, including custody and visitation, forcing a victim-mother to confront the natural father on a recurring basis while raising a child conceived from a sexual assault or rape.

 

     As affirmed by the record of votes of the members of your Committee on Human Services that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 529 and recommends that it pass Second Reading and be referred to the Committee on Judiciary and Labor.

 

Respectfully submitted on behalf of the members of the Committee on Human Services,

 

		____________________________ SUZANNE CHUN OAKLAND, Chair