REPORT TITLE:
Welfare of Incompetent Persons

DESCRIPTION:
Expands the protection for incompetent persons against injurious
or potentially injurious conduct, and makes this type of conduct
a Class C felony offense.


 
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                                                        2864
THE SENATE                              S.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO THE WELFARE OF INCOMPETENT PERSONS.



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

 1      SECTION 1.  Chapter 709, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "709-    Endangering the welfare of an incompetent person
 
 5 in the second degree.  (1)  A person commits the offense of
 
 6 endangering the welfare of an incompetent person in the second
 
 7 degree if the person recklessly acts in a manner likely to be
 
 8 injurious to the physical or mental welfare of a person who is
 
 9 unable to care for himself because of physical or mental disease,
 
10 disorder or defect.
 
11      (2)  Endangering the welfare of an incompetent person in the
 
12 second degree is a misdemeanor."
 
13      SECTION 2.  Section 571-14, Hawaii Revised Statutes, is
 
14 amended by amending subsection (a) to read as follows:
 
15      "(a)  Except as provided in sections 603-21.5 and 604-8, the
 
16 court shall have exclusive original jurisdiction:
 
17      (1)  To try any offense committed against a child by the
 
18           child's parent or guardian or by any other person
 
19           having the child's legal or physical custody, and any
 

 
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 1           violation of section 707-726, 707-727, 709-902,
 
 2           709-903, 709-903.5, 709-904, 709-905, 709-   , 709-906,
 
 3           or 302A-1135, whether or not included in other
 
 4           provisions of this paragraph or paragraph (2).
 
 5      (2)  To try any adult charged with:
 
 6           (A)  Deserting, abandoning, or failing to provide
 
 7                support for any person in violation of law;
 
 8           (B)  An offense, other than a felony, against the
 
 9                person of the defendant's husband or wife;
 
10           (C)  Any violation of an order issued pursuant to
 
11                chapter 586; or
 
12           (D)  Any violation of an order issued by a family court
 
13                judge.
 
14      In any case within paragraph (1) or (2), the court, in its
 
15      discretion, may waive its jurisdiction over the offense
 
16      charged.
 
17      (3)  In all proceedings under chapter 580, and in all
 
18           proceedings under chapter 584.
 
19      (4)  In proceedings under chapter 575, the Uniform Desertion
 
20           and Nonsupport Act, and under chapter 576B, the Uniform
 
21           Interstate Family Support Act.
 
22      (5)  For commitment of an adult alleged to be mentally
 

 
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 1           defective or mentally ill.
 
 2      (6)  In all proceedings for support between parent and child
 
 3           or between husband and wife.
 
 4      (7)  In all proceedings for pre-trial detention or waiver of
 
 5           jurisdiction over an adult who was a child at the time
 
 6           of an alleged criminal act as provided in section 571-
 
 7           13 or 571-22.
 
 8      (8)  In all proceedings under chapter 586, Domestic Abuse
 
 9           Protective Orders.
 
10      (9)  In all proceedings to appoint a guardian of the person
 
11           of an adult.
 
12     (10)  For the protection of dependent adults under chapter
 
13           346, part X.
 
14      In any case within paragraph (3), (4), or (6), the attorney
 
15      general, through the child support enforcement agency, may
 
16      exercise concurrent jurisdiction as provided in chapter
 
17      576E."
 
18      SECTION 3.  Section 577-10, Hawaii Revised Statutes, is
 
19 amended to read as follows:
 
20      577-10  Court having jurisdiction.  The family courts shall
 
21 have exclusive jurisdiction of all cases coming within sections
 
22 709-902, 709-903, 709-904, [and] 709-905, and 709-  ; provided
 

 
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 1 that upon complaint made to any prosecuting officer of the
 
 2 commission of any offense coming within sections 709-902,
 
 3 709-903, 709-904, [and] 709-905, and 709-  , the district judge
 
 4 within whose circuit the offense is alleged to have been
 
 5 committed may issue the judge's warrant for the arrest of the
 
 6 person accused of such offense, and commit the accused to the
 
 7 family court for the required proceedings."
 
 8      SECTION 4.  Section 709-905, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "709-905  Endangering the welfare of an incompetent
 
11 person[.] in the first degree.  (1)  A person commits the offense
 
12 of endangering the welfare of an incompetent person in the first
 
13 degree if [he] the person intentionally or knowingly acts in a
 
14 manner likely to be injurious to the physical or mental welfare
 
15 of a person who is unable to care for himself because of physical
 
16 or mental disease, disorder, or defect.
 
17      (2)  Endangering the welfare of an incompetent person in the
 
18 first degree is a [misdemeanor.] class C felony."
 
19      SECTION 5.  Statutory material to be repealed is bracketed.
 
20 New statutory material is underscored.
 
21      SECTION 6.  This Act shall take effect upon its approval.
 
22 
 
23                           INTRODUCED BY: ________________________
 

 
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