STAND. COM. REP. NO. 343

Honolulu, Hawaii

, 2023

RE: H.B. No. 781

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Human Services, to which was referred H.B. No. 781 entitled:

"A BILL FOR AN ACT RELATING TO CHILDREN,"

begs leave to report as follows:

The purpose of this measure is to require that when an officer has custody of a child under sixteen years of age for an alleged violation of law, the child shall have contact with legal counsel or a parent or guardian before the child waives any constitutional rights and before any custodial interrogation.

Your Committee received testimony in support of this measure from the Anti-Recidivism Coalition and Human Rights for Kids.

Your Committee finds that the human brain undergoes dynamic changes throughout adolescence and into young adulthood. As a result, adolescents rarely have an understanding of their due process rights or the consequences and implications of law enforcement interrogations. This measure seeks to protect the rights of the State's children by requiring an officer to ensure a child has contact with legal counsel or a parent or guardian before the child waives any constitutional rights or before any custodial interrogation.

Your Committee has amended this measure by:

(1) Changing the age at which an officer must ensure a child in custody has contact with legal counsel or a parent or legal guardian before the child waives any constitutional rights or before a custodial interrogation to eighteen years old, rather than sixteen;

(2) Requiring the child to have contact with a legal counsel and, to the extent practicable, the child's parent or legal guardian before any waiver of any right against self-incrimination and before a custodial interrogation;

(3) Requiring any officer who has arrested a child under the age of eighteen to notify the child's parent, guardian, or legal custodian of the arrest and the location of the child's detainment;

(4) Changing the effective date to June 30, 3000, to encourage further discussion; and

(5) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

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 H.B. No. 781, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 781, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

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

____________________________

JOHN M. MIZUNO, Chair