Creates a criminal offense of elder or dependent adult abuse or neglect in the first, second, and third degrees; defines terms; establishes penalties. (SD2)

A BILL FOR AN ACT

SECTION 1. Chapter 707, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

§707-    Definitions. As used in this part:

"Abuse" means actual or imminent physical injury, psychological abuse or neglect, sexual abuse, financial exploitation, negligent treatment that results in serious or substantial injury.

"Caretaker" means a person who has been entrusted with or has assumed responsibility for the care or property of an elder or dependent adult. Caretaker includes, but is not limited to relatives, court-appointed or voluntary guardians, adult household members, neighbors, health care providers, and employees and volunteers of facilities in which the elder or dependent adult resides.

"Dependent adult" means any adult who, because of mental or physical impairment, is dependent upon another person, care organization, or care facility for personal health, safety, and welfare.

"Elder" means a person who is over the age of sixty who has a caretaker.

"Neglect" means a caretaker's failure or omission to provide an elder or dependent adult with care, supervision, and services necessary to maintain the elder person's or dependent adult's physical and mental health, including but not limited to, food, nutrition, clothing, shelter, supervision, medicine, and medical services that a reasonable person would consider essential for the well-being of the elder or dependent adult.

§707-    Elder or dependent adult abuse or neglect in the first degree. (1) A caretaker commits the offense of elder or dependent adult abuse in the first degree if the caretaker intentionally, knowingly, or recklessly commits abuse or neglect that causes the death of an elder or dependent adult.

(2) Elder or dependent adult abuse or neglect in the first degree is a class A felony.

§707-    Elder or dependent adult abuse or neglect in the second degree. (1) A caretaker commits the offense of elder or dependent adult abuse or neglect in the second degree if the caretaker intentionally or knowingly commits abuse or neglect upon an elder or dependent adult.

(2) Elder or dependent adult abuse or neglect in the second degree is a class C felony."

§707-    Elder or dependent adult abuse or neglect in the third degree. (1) A caretaker commits the offense of elder or dependent adult abuse or neglect in the third degree if the caretaker recklessly commits abuse or neglect upon an elder or dependent adult.

(2) Elder and dependent adult abuse in the third degree is a class 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.