STAND. COM. REP. NO. 2394

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  S.B. No. 2487
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Health and Human Services, to which was
referred S.B. No. 2487 entitled: 

     "A BILL FOR AN ACT RELATING TO ELDER ABUSE,"

begs leave to report as follows:

     The purpose of this measure is to create criminal offenses
for abusing the elderly.

     Your Committee received testimony in support of this measure
from the Department of Human Services and Executive Office on
Aging.  Testimony in opposition was received from the Hawaii
Nurses' Association.

     Your Committee finds that the penal code does not have any
provisions specific to elder abuse.  Crimes are charged as
murder, manslaughter, or assault.  Your Committee believes that
creating specific crimes for elder abuse that is not covered by
existing law will serve as a deterrent.  The intent of this
measure, as amended, is to target neglect in caregiving to a
dependent adult.

     Your Committee has amended this measure on the
recommendations of the Hawaii Nurses' Association and the
Attorney General by:

     (1)  Changing "elder" to "dependent adult";

     (2)  Defining "dependent adult";

 
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                                   STAND. COM. REP. NO. 2394
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     (3)  Providing for first, second, and third degree offenses
          of promoting dependent adult abuse differentiated by
          the state of mind of the offender; and

     (4)  Deleting the definitions of "bodily injury", "serious
          bodily injury", and "substantial bodily injury", since
          these terms are no longer necessary in the amended
          measure.

     As affirmed by the record of votes of the members of your
Committee on Health and Human Services that is attached to this
report, your Committee is in accord with the intent and purpose
of S.B. No. 2487, as amended herein, and recommends that it pass
Second Reading in the form attached hereto as S.B. No. 2487,
S.D. 1, and be referred to the Committee on Judiciary.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Health and Human
                                   Services,



                                   ______________________________
                                   SUZANNE CHUN OAKLAND, Chair

 
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