Joel Guy and Judy Sokei – Special TO The garden island House Bill 423 HONOLULU — On Friday, the House Judiciary Committee deferred House Bill 423, HD1, until Tuesday. This bill would require hospitals to provide information about emergency contraception
Joel Guy and Judy Sokei – Special TO The garden island
House Bill 423
HONOLULU — On Friday, the House Judiciary Committee deferred House Bill 423, HD1, until Tuesday. This bill would require hospitals to provide information about emergency contraception to women who are sexually assaulted and to provide emergency contraception when requested.
In 2007, 326 forcible rapes were reported in Hawai‘i. Sexually assaulted women face the possibility of having an unwanted pregnancy by the perpetrator and many victims choose to end the pregnancy in abortion.
The American Medical Association and the American College of Obstetrics and Gynecology established guidelines of care for victims of sexual assaults. Those guidelines call for the provision of emergency contraception to victims. However, a statewide study found that about one in three hospitals in Hawai‘i failed to offer emergency contraception to victims. If HB423, HD1 becomes law, hospitals that fail to provide information about emergency contraception as well as provide emergency contraception to sexual assault victims when requested will be penalized. The bill will provide religiously affiliated hospitals with certain exemptions.
On Feb. 3, the House Health Committee unanimously passed HB423 with amendments. Katie Reardon, of Planned Parenthood of Hawai‘i, testified that “emergency contraception is a safe and effective means of preventing pregnancy after a sexual assault. It is not an abortion pill, nor does it cause abortion. Emergency contraception is a higher dose contraceptive, similar to the commonly used birth control pill.”
Rep. Hermina Morita, D-14th District, introduced the legislation.
Karen’s Law
On Friday, the Judiciary Committee passed House Bill 819, HD1, or “Karen’s Law,” with amendments.
“Karens Law” mandates that minors ages 15-17 be tried as adults in cases of first and second degree murder. Under current law, the Family Court has the discretion to waive its jurisdiction over minors who are charged with murder in the first or second degree.
The bill is named after Karen Ertell, who on May 25, 2007, was brutally raped and murdered in her Ewa home by a 15-year-old neighbor. Kevin Callahan, Ertell’s long-time boyfriend, testified to support the bill. Callahan stated that these cases are extremely time-consuming and a financial burden on the state.
“I cannot describe to you the daily pain and anguish that Karen’s family and loved ones have endured since her murder. This anguish turned into weeks, then months, and now almost two years, yet there has been no trial. It also cost a huge amount of money and manpower to do so, when the cases could have gone straight to adult court,” Callahan said.
The concerns were raised by the Public Defender’s Office that juveniles in this age category are developmentally different than adults and that a balance must be maintained when adjudicating juvenile cases. They also noted that rather than making a waiver mandatory in these cases, a time limit may be imposed on the waiver investigation and hearing process in family courts.
Send testimony for legislative bills to www.capitol.hawaii.gov/emailtestimony.
