THE SENATE	S.B. NO.	238
THIRTY-SECOND LEGISLATURE, 2023		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO SEXUAL ABUSE OF MINORS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that child sexual abuse is extremely prevalent and that most children do not immediately disclose the fact that they were abused. In the United States, one in five girls and one in twenty boys are victims of childhood sexual abuse, and studies show that between sixty and eighty per cent of survivors withhold disclosure. Of those who delay disclosure until adulthood, the average delay has been found to be approximately twenty years, with some survivors delaying up to fifty years.

The legislature further finds that there are many reasons children delay disclosing sexual abuse. These reasons range from their particular stage of cognitive development, limited capacity to understand what happened, inability to recognize the sexual abuse as the cause of their dysfunctional adult life, confusion about their feelings, or limited ability to adequately express complaints, to the fact that a majority of survivors know the perpetrator and may fear retaliation or harmful impacts on their family or community. Moreover, when survivors disclose abuse, they may also be subjected to disbelief, accusations, silencing, and retraumatizing reactions by the recipients of the disclosure.

Accordingly, the purpose of this Act is to establish a working group to address:

(1) Reparations to child sexual abuse victims; and

(2) The fiscal impact on childcare insurance providers, including increases in insurance premiums.

SECTION 2. (a) There is established a working group to evaluate and address:

(1) Reparations to child sexual abuse victims; and

(2) The fiscal impact on childcare insurance providers, including increases in insurance premiums.

(b) The working group shall comprise the following members:

(1) The chairperson of the women's legislative caucus, who shall serve as chairperson of the working group;

(2) The attorney general or the attorney general's designee;

(3) The insurance commissioner or the insurance commissioner's designee;

(4) One member from the Hawaii Association for Justice who shall be invited by the chairperson of the working group;

(5) One member from the Hawaii State Bar Association insurance coverage litigation section, who shall be invited by the chairperson of the working group; and

(6) Any other members selected or invited by the president of the senate or the speaker of the house of representatives.

(c) The working group shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2025. The report shall include:

(1) Concerns of potential reparations to child sexual abuse victims; and

(2) Any increases to insurance premiums to child care providers, if any.

SECTION 3. This Act shall take effect upon its approval.

Report Title:

Sexual Abuse; Minors; Reparations; Insurance Premiums; Working Group; Report

Description:

Establishes a working group to examine reparations for victims of child sexual abuse and the fiscal impact for childcare insurance providers, including increased premiums. Requires a report to the Legislature. (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.