Bill defining torture, making it a Class A felony, moves to final legislative votes

HONOLULU (HawaiiNewsNow) - A measure that clearly defines torture is being applauded by child welfare advocates, who had waited weeks for this moment for it to move to the full state legislature.

State House and Senate conferees quickly approved Senate Bill 281, which defines torture and would upgrade it to a Class A felony, with a maximum 20-year prison term. It’s something supporters believe will save more lives, especially those of children.

“What you’re trying to get is trying to keep people from dying, and this would help there because it will allow the prosecutors to charge intermediate steps, as opposed to the horrible end result,” said state Sen. Karl Rhoads, who chairs the senate’s Judiciary Committee.

“As of right now, we are looking at cases where kids don’t survivors these horrible actions of perpetrators, and so this really closed a gap in the system,” said Honolulu Deputy Prosecutor Tiffany Kaeo.

The Honolulu prosecutor’s office had asked for the measure, with four active high-profile cases involving the alleged torture and death of children, including six-year-old Ariel Kalua and ten-year-old Geanna Bradley.

“The stories that we heard were horrific,” said state Rep. Lisa Marten, chair of the house Human Services and Homelessness Committee.

“This room was full of HPD officers during one of the hearings. They really want to have justice for kids that are harmed, but do not actually die.”

More recently, arrests were made in the deaths of three-year-old Sarai Rivera and 11-year-old Azaileah Pili-Ah You.

In Rivera’s case, prosecutors allege she was abused and starved by her mother and her mother’s girlfriend, and that two other children in the home were also starved.

“The story came after we started moving the bill. So we were aware that it was a problem already and we were already acting,” said Rhoads.

Investigators also said that there was enough food in the house to feed the children. But lawmakers wanted to make sure there was a provision that destitute parents or guardians who could afford food could be spared the most serious charges.

“Here, we’re specifying that poverty, financial deprivation, are the only reasons why the child starved to death, that would be a defense,” said Honolulu Deputy Prosecutor Daniel Hugo.

The measure now goes to the full House and Senate for final votes. If it passes there, it will go to the governor’s office for his signature.