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HI SB1062
Bill
Status
3/7/2017
Primary Sponsor
Maile Shimabukuro
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AI Summary
SB 1062 Summary
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Amends Hawaii family court law to require (rather than permit) termination of parental rights when a parent sexually assaulted the other parent and the child was conceived as a result, provided termination is in the child's best interest.
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Establishes a presumption that termination of parental rights is in the child's best interest when the child was conceived through sexual assault, though the custodial parent may petition to reinstate the assaulting parent's rights.
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Adds a new section allowing family courts to suspend custody and visitation rights for any parent or legal guardian charged with sexual assault of the child's other parent during the criminal court proceedings, with presumption this is in the child's best interest.
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Mandates that child support obligations continue even after parental rights are terminated, and allows courts to order payment of child support from the parent whose rights were terminated.
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Amends bail conditions law to allow courts to extend contact restrictions and approach prohibitions to the victim's minor children, at the victim's request, even if no parental relationship exists between the defendant and those children.
Legislative Description
Relating To Parental Rights.
Sexual Assault
Last Action
Passed Second Reading as amended in HD 1 and referred to the committee(s) on JUD with none voting aye with reservations; none voting no (0) and Representative(s) Fukumoto, Johanson, C. Lee, Souki, Todd excused (5).
3/22/2018