Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 1529 entitled:

begs leave to report as follows:

The purpose of this measure is to require any family or household member who knows or has reason to believe that an adult who is unable to obtain medical treatment or care due to mental or physical impairment, is in need of such treatment or care and is in imminent risk of death or serious bodily injury, to promptly report the matter to the police or Department of Human Services.

Testimony in support of this measure was submitted by the Department of the Prosecuting Attorney, City and County of Honolulu and the Department of Human Services.

Your Committee finds that traditionally, reports were only required by professionals who have knowledge of social and health issues. While it may seem inconceivable, your Committee was made aware of a case where a daughter left her mother who fell for three weeks on the floor and never bothered to get her help. The mother died and the daughter was not found in violation of any law, because she did not have the duty to report her mothers' injuries. Your Committee desires to close this loophole in the law, and require family and household members who know or have reason to know that an adult is unable to obtain needed medical care to report the matter to the Department of Human Services or the police department.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1529 and recommends that it pass Second Reading and be placed on the calendar for Third Reading.