Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 78, S.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to authorize the Attorney General to seek civil penalties on behalf of the State in dependent elder abuse or neglect cases, and provides for enhanced civil remedies in private lawsuits arising from the abuse or neglect.

Your Committee received testimony in support of this measure from the Department of the Prosecuting Attorney, the Las Vegas Metropolitan Police Department, Christian Science Committee on Publication for Hawaii, the AARP, the Advocates for Nursing Home Justice and two concerned citizens. The State Executive Office on Aging supported the measure and offered comments. The Hawaii Long Term Care Association supported the concept but opposed a part of the measure.

Your Committee finds that the National Center on Elder Abuse reported that as much as eighty-four percent of elder abuse and crimes against the elderly are never reported. Prevention, detection, and reporting of elder abuse are key in addressing this issue.

Your Committee further finds that Arizona, California, Florida, Nevada, Oregon, and Washington have enacted some form of elder justice legislation. The common goal of these laws are to give government attorneys the tools to deter and punish elder abuse, and to give elder victims appropriate compensation.

Your Committee amended the bill by including in the definitions of "abuse" in §28- (c) and §663- (d) the words "and include the definition of "neglect" set forth hereafter".

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 78, S.D. 1, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 78, S.D. 2.