Report Title:
Elderly
Description:
Creates a criminal offense of elder and dependent adult abuse in the first, second, third, and fourth degrees; defines terms; establishes penalties. (SD1)
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THE SENATE |
S.B. NO. |
400 |
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TWENTY-FIRST LEGISLATURE, 2001 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO The Elderly.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 707, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"PART . ELDER AND DEPENDENT ADULT ABUSE
§707- Definitions. As used in this part:
"Abuse" means to neglect to provide the necessary food, clothing, shelter, or medical attendance to a dependent adult, if the caregiver has the ability to provide them.
"Bodily injury" means physical pain, illness, or any impairment of physical condition.
"Caretaker" means:
(1) An adult, child, family, or household member, who resides with the elder or dependent adult; or
(2) Other person who:
(a) Has the care, control, or custody of an elder or dependent adult, without regard to residing in the same household (such as, an employee of a facility in which the elder or dependent adult resides); or
(b) Resides in the same household with an elder or a dependent adult and stands in a position of trust with the elder or dependent adult but shall not include a renter who pays rent to the elder or dependent adult.
"Dependent adult" means any adult who, because of mental or physical impairment is dependent upon another person, a care organization, or a care facility for personal health, safety, or welfare.
"Elder" means a person who is over the age of sixty who has a caretaker.
"Serious bodily injury" means bodily injury that creates a substantial risk of death, protracted loss, or impairment of the function of a bodily member or organ.
"Substantial bodily injury" means bodily injury that is likely to result in serious bodily injury unless abated or terminated.
§707- Elder and dependent adult abuse in the first degree. (1) A caretaker commits the offense of promoting elder abuse in the first degree if the caretaker causes the death of an elder by abuse.
(2) Elder and dependent adult abuse in the first degree is a class A felony.
§707- Elder and dependent adult abuse in the second degree. (1) A caretaker commits the offense of elder and dependent adult abuse in the second degree if the caretaker intentionally or knowingly commits abuse upon an elder or a dependent adult, or causes serious bodily injury to an elder or dependent adult by abuse.
(2) Elder and dependent adult abuse in the second degree is a class B felony.
§707- Elder and dependent adult abuse in the third degree. (1) A caretaker commits the offense of elder and dependent adult abuse in the third degree if the caretaker recklessly commits abuse upon an elder or dependent adult, or causes substantial bodily injury to an elder or dependent adult by abuse.
(2) Elder and dependent adult abuse in the third degree is a class C felony.
§707- Elder and dependent adult abuse in the fourth degree. (1) A caretaker commits the offense of elder and dependent adult abuse in the fourth degree if the caretaker negligently commits abuse upon an elder or a dependent adult.
(2) Elder and dependent adult abuse in the fourth degree is a misdemeanor."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 3. This Act shall take effect upon its approval.