CONFERENCE COMMITTEE REP. NO.90

Honolulu, Hawaii

, 2001

RE: H.B. No. 645

H.D. 1

S.D. 1

C.D. 1

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Conference on the disagreeing vote of the House of Representatives to amendments proposed by the Senate in H.B. No. 645, H.D. 1, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO ENDANGERING THE WELFARE OF INCOMPETENT PERSONS,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of the bill is to create first and second degree criminal offenses where a person acts in a manner likely to be injurious to the physical welfare of an incompetent person or where a person causes psychological abuse to an incompetent person.

Your Committee on Conference has amended the bill by:

(1) Requiring that a person recklessly cause bodily injury to an incompetent person for the misdemeanor offense of endangering the welfare of an incompetent person in the second degree;

(2) Requiring that a person intentionally cause bodily injury to an incompetent person for the class C felony offense of endangering the welfare of an incompetent person in the first degree; and

(3) Deleting references to psychological abuse; and

(4) Conforming section 577-9, Hawaii Revised Statutes, with the change in section number of the misdemeanor offense.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 645, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 645, H.D. 1, S.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE SENATE

ON THE PART OF THE HOUSE

____________________________

BRIAN KANNO, Chair

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ERIC G. HAMAKAWA, Chair