STAND. COM. REP. NO. 522

Honolulu, Hawaii

, 2025

RE: H.B. No. 963

H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

Your Committee on Human Services & Homelessness, to which was referred H.B. No. 963 entitled:

"A BILL FOR AN ACT RELATING TO CRIMES AGAINST ELDERS,"

begs leave to report as follows:

The purpose of this measure is to establish strict liability for crimes against elders with respect to the attendant circumstance that the victim was sixty years of age or older.

Your Committee received testimony in support of this measure from the Department of the Prosecuting Attorney for the City and County of Honolulu; AARP Hawaiʻi; and three individuals. Your Committee received testimony in opposition to this measure from the Office of the Public Defender.

Your Committee finds that elderly individuals are particularly vulnerable to violent crimes due to physical, cognitive, and social factors. Under existing law, assault against a person aged sixty or older is subject to enhanced penalties, but prosecutors must prove that the offender "knew or should have known" the victim's age. This requirement often hinders prosecution, as many assaults on elders involve random acts of violence where intent regarding age is difficult to establish. By strengthening protections for elders, this measure ensures that perpetrators are held accountable for the actual harm they inflict and further reinforces the State's commitment to safeguarding its elderly population.

Your Committee has amended this measure by:

(1) Changing the effective date to July 1, 3000, to encourage further discussion; and

(2) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Human Services & Homelessness that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 963, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 963, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Human Services & Homelessness,

____________________________

LISA MARTEN, Chair