STAND. COM. REP. NO. 335

                                 Honolulu, Hawaii
                                                   , 1999

                                 RE: H.B. No. 885
                                     H.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Health, to which was referred H.B. No. 885
entitled: 

     "A BILL FOR AN ACT RELATING TO HAWAII GOOD SAMARITAN LAW,"

begs leave to report as follows:

     The purpose of this bill is to require persons to reasonably
assist others who are exposed to or have suffered grave physical
harm.

     Testimony in support of the measure was submitted by the
Hawaii Medical Association, the Christian Science Committee On
Publication in Hawaii, the Hawaii State Fire Fighters
Association, and a number of private citizens. Testimony
commenting on the measure was submitted by the Office of the
Public Defender.

     Your Committee finds that rendering assistance to another
human being in an emergency is an action whose value should be
codified in our laws.

     Concerns were raised because the measure does not define
what it means to be "at the scene" of an emergency.  This
uncertainty of definition leads to questions about the statute's
applicability in numerous situations.

      Additional concerns were raised about the use of the terms,
"physical harm" and "grave physical harm", which are not defined,
as well as about the grade of the offense, given its broad
application.

 
                                 STAND. COM. REP. NO. 335
                                 Page 2

 

     Your Committee believes that:

     (1)  These concerns can best be addressed as the measure
          continues to move through the legislative process; and

     (2)  Those who fulfill their duty under this proposal should
          not be exposed to suits for damages.

     Your Committee has amended the measure by:

     (1)  Adding language exempting those who give assistance
          from civil liability; and

     (2)  Making technical, nonsubstantive amendments for
          purposes of style and clarity.

     As affirmed by the record of votes of the members of your
Committee on Health that is attached to this report, your
Committee is in accord with the intent and purpose of H.B. No.
885, as amended herein, and recommends that it pass Second
Reading in the form attached hereto as H.B. No. 885, H.D. 1, and
be referred to the Committee on Judiciary and Hawaiian Affairs.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Health,



                                   ______________________________
                                   ALEXANDER C. SANTIAGO, Chair