STAND. COM. REP. NO. 717

Honolulu, Hawaii

RE: S.B. No. 739

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 739 entitled:

"A BILL FOR AN ACT RELATING TO DESECRATION,"

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Reduce the requisite state of mind for the criminal offense of desecration from "intentionally" to "knowingly"; and

(2) Simplify the definition of "desecrate".

Your Committee received testimony in support of this measure from the Council for Native Hawaiian Advancement.

Your Committee finds that the historic and cultural heritage of the State is among its important assets. Tourism benefits the State through generation of economic activity; however, there is a need to ensure that visitors and residents treat cultural and historic resources with care and respect, and that historic and cultural sites are protected from abuse, vandalism, and desecration. Therefore, your Committee finds that this measure will increase protection of the State's assets and facilitate the enforcement of the prohibition of acts of desecration at sites that possess significant cultural and historic value.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 739 and recommends that it pass Second Reading and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

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KARL RHOADS, Chair