STAND. COM. REP. NO. 2130

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  S.B. No. 2864
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Health and Human Services, to which was
referred S.B. No. 2864 entitled: 

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

begs leave to report as follows:

     The purpose of this measure is to create criminal offenses
of endangering the welfare of an incompetent person in the first
and second degrees.

     Your Committee received testimony in support of this measure
from the Executive Office on Aging, State Planning Council on
Developmental Disabilities, Honolulu Prosecuting Attorney, and
Honolulu Police Department.

     Under current law, endangering the welfare of an incompetent
person is a misdemeanor.  This measure changes it to a first
degree offense classified as a class C felony, and adds an
element of intent.  The second degree offense added by this
measure would penalize reckless acts in a manner likely to be
injurious to the physical or mental welfare of a person who is
unable to care for the person's self because of physical or
mental disease, disorder, or defect.

     This measure is intended especially to protect the frail,
elderly, and disabled populations who are particularly
susceptible to abuse that usually occurs in the home or in an
institution.  Your Committee finds that this measure addresses a

 
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                                   STAND. COM. REP. NO. 2130
                                   Page 2


common situation of a reckless act rather than an intentional act
that harms a person.

     Your Committee has amended this measure to make technical,
nonsubstantive changes to reflect preferred drafting style and to
add missing statutory language.

     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. 2864, as amended herein, and recommends that it pass
Second Reading in the form attached hereto as S.B. No. 2864,
S.D. 1, and be referred to the Committee on Judiciary.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Health and Human
                                   Services,



                                   ______________________________
                                   SUZANNE CHUN OAKLAND, Chair

 
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