REPORT TITLE:
Dependent Adult Abuse


DESCRIPTION:
Creates criminal offense of promoting dependent adult abuse in
the first, second, and third degrees; defines terms; establishes
penalties.  (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2487
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO ELDER ABUSE. 


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Chapter 707, Hawaii Revised Statutes, is amended
 
 2 by adding a new part to be appropriately designated and to read
 
 3 as follows:
 
 4                     "PART  .  DEPENDENT ADULT
 
 5      707-  Definitions.  As used in this part:
 
 6      "Abuse" means to neglect to provide the necessary food,
 
 7 clothing, shelter, or medical attendance to a dependent adult, if
 
 8 the caregiver has the ability to provide them.
 
 9      "Caretaker" means:
 
10      (1)  An adult child, family, or household member, who
 
11           resides with the dependent adult, or
 
12      (2)  Other person who:
 
13           (a)  Has the care, control, or custody of a dependent
 
14                adult, without regard to residing in the same
 
15                household (for example, an employee of a facility
 
16                in which the dependent adult resides); or
 
17           (b)  Resides in the same household with a dependent
 
18                adult and stands in a position of trust with the
 
19                dependent adult (not including a renter who pays
 

 
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 1                rent to the dependent adult, for example).
 
 2      "Dependent adult" means any adult who, because of mental or
 
 3 physical impairment is dependent upon another person, a care
 
 4 organization, or a care facility for personal health, safety, or
 
 5 welfare.
 
 6      707-  Promoting dependent adult abuse in the first
 
 7 degree.(1)  A caretaker commits the offense of promoting
 
 8 dependent adult abuse in the first degree if the caretaker
 
 9 intentionally or knowingly commits abuse upon a dependent adult.
 
10      (2)  Promoting dependent adult abuse in the first degree is
 
11 a class B felony.
 
12      707-  Promoting dependent adult abuse in the second
 
13 degree.(1)  A caretaker commits the offense of promoting
 
14 dependent adult abuse in the second degree if the caretaker
 
15 recklessly commits abuse upon a dependent adult.
 
16      (2)  Promoting dependent adult abuse in the second degree is
 
17 a class C felony.
 
18      707-  Promoting dependent adult abuse in the third
 
19 degree.(1)  A caretaker commits the offense of promoting
 
20 dependent adult abuse in the third degree if the caretaker
 
21 negligently commits abuse upon a dependent adult.
 
22      (2)  Promoting dependent adult abuse in the third degree is
 
23 a misdemeanor."
 

 
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 1      SECTION 2.  This Act does not affect rights and duties that
 
 2 matured, penalties that were incurred, and proceedings that were
 
 3 begun, before its effective date.
 
 4      SECTION 3.  This Act shall take effect upon its approval.