STAND. COM. REP. NO. 954

                                 Honolulu, Hawaii
                                                   , 1999

                                 RE: H.B. No. 885
                                     H.D. 2




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

Sir:

     Your Committee on Judiciary and Hawaiian Affairs, to which
was referred H.B. No. 885, H.D. 1, 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 impose penalties for failure
to render reasonable assistance to a person suffering from or
exposed to grave physical harm in emergency situations.

     Your Committee received testimony in support of this bill
from the Hawaii Medical Association.  The Office of the Public
Defender also submitted comments on the bill.

     Your Committee finds that current law mandates that any
person at the scene of a crime who knows that a person is
suffering from serious physical harm obtain or attempt to obtain
aid from law enforcement or medical personnel if the person can
do so without danger or peril to any person.  Violation of this
law is a petty misdemeanor.  This bill would add a duty to give
reasonable assistance to persons exposed to or suffering from
grave physical injury at the scene of an emergency.

     Your Committee has amended this bill by deleting its
substance and inserting provisions:

     (1)  Requiring any person at the scene of a crime who knows
          a victim is suffering from serious bodily injury to
          obtain or attempt to obtain aid from law enforcement or

 
 
                                 STAND. COM. REP. NO. 954
                                 Page 2

 
          medical personnel if the person can do so without
          danger or peril to any person;

     (2)  Requiring any person at the scene of an emergency who
          knows that another person is exposed to or has suffered
          serious bodily injury to give reasonable assistance to
          the exposed person;

     (3)  Stipulating that any person who fails to provide
          reasonable assistance at the scene of a crime or at the
          scene of an emergency shall not be liable for civil
          damages; 

     (4)  Incorporating provisions making failure to obtain aid
          for a victim at the scene of a crime a petty
          misdemeanor;

     (5)  Incorporating provisions making failure to give
          reasonable assistance to a person at the scene of an
          emergency a violation; and

     (6)  Repealing Section 663-1.6, Hawaii Revised Statutes.

     As affirmed by the record of votes of the members of your
Committee on Judiciary and Hawaiian Affairs that is attached to
this report, your Committee is in accord with the intent and
purpose of H.B. No. 885, H.D. 1, as amended herein, and
recommends that it pass Third Reading in the form attached hereto
as H.B. No. 885, H.D. 2.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Judiciary &
                                   Hawaiian Affairs,



                                   ______________________________
                                   PAUL T. OSHIRO, Chair