Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Health and Human Services, to which was referred S.B. No. 1120 entitled:

begs leave to report as follows:

The purpose of this measure is to protect the frail, elderly, and disabled against abuse and neglect by increasing the penalties for endangering the welfare of an incompetent person.

The Executive Office On Aging, State Attorney General, Department of Human Services, Kapiolani Community College, Hawaii Registry of Interpreters for the Deaf, State Planning Council on Developmental Disabilities, City and County of Honolulu Police Department, Hawaii Disability Rights Center, Policy Advisory Board For Elder Affairs, and an individual testified in support of the measure. The Office of the Public Defender provided comments on the measure.

Currently, the offense of endangering the welfare of an incompetent person constitutes only a misdemeanor. While the law provides for more severe penalties for assault, manslaughter, and murder, the State is often unable to prosecute under these laws because the victim is unable or reluctant to report the crime.

Your Committee finds that this measure facilitates the prosecution of persons who harm the elderly and disabled by establishing different levels of culpability, depending on whether the act involves reckless endangerment, which constitutes a misdemeanor, or intentional or knowing endangerment, which constitutes a class C felony. Your Committee further finds that the proposed provisions are consistent with the laws relating to the endangerment of a minor and allow the punishment of the perpetrator to more accurately reflect the severity of the crime.

Your Committee has amended this measure by changing the effective date to July 1, 2001.

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. 1120, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1120, S.D. 1, and be referred to the Committee on Judiciary.