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HI HB2481

Bill

Status

Introduced

1/26/2022

Primary Sponsor

John Mizuno

Click for details

Origin

House of Representatives

2022 Regular Session

AI Summary

  • Amends Section 350-1.1, Hawaii Revised Statutes, to modify the child abuse and neglect mandatory reporting requirement for members of the clergy by allowing them to withhold reports of information gained solely during penitential communications, unless exigent circumstances exist that justify immediate disclosure to prevent imminent harm to a child.

  • Requires clergy members who receive reportable child abuse or neglect information from sources other than penitential communications to comply with standard reporting requirements, regardless of whether they also received the same information during a penitential communication.

  • Defines "member of the clergy" as a minister, pastor, priest, rabbi, Christian Science practitioner, or other similar religious functionary, and "penitential communication" as confidential communications intended to be kept secret under the discipline, tenets, or practices of the applicable religious organization.

  • Amends Section 626:1-506, Hawaii Revised Statutes (Rules of Evidence), to clarify that the privilege protecting confidential communications between a person and a member of the clergy does not apply when exigent circumstances exist that justify disclosure to prevent imminent harm to a person under age eighteen.

  • Takes effect upon approval with no retroactive application to rights, duties, penalties, or proceedings that existed before the effective date.

Legislative Description

Relating To Child Abuse Reporting.

Rules of Evidence

Last Action

Re-referred to JHA, referral sheet 16

2/15/2022

Committee Referrals

Judiciary & Hawaiian Affairs2/15/2022
Health, Human Services, & Homelessness1/28/2022

Full Bill Text

No bill text available