72
THE SENATE                           S.C.R. NO.            
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                    SENATE  CONCURRENT
                        RESOLUTION

  REQUESTING THE ATTORNEY GENERAL TO REVIEW EXISTING LAWS
    CONCERNING THE PROTECTION OF ELDERS FROM ABUSE AND FRAUD. 


 1        WHEREAS, elderly persons (age 65 and older) are vulnerable
 2   to abuse and fraud from unscrupulous and malicious individuals;
 3   and
 4   
 5        WHEREAS, many of the elderly suffer from diminished
 6   capacity to care for and to protect themselves; and
 7   
 8        WHEREAS, the purpose of criminal laws is to protect people
 9   from being harmed by other people, including physical harm and
10   fraudulent acts; and
11   
12        WHEREAS, there are no specific criminal laws prohibiting
13   acts against the elderly; and
14   
15        WHEREAS, the laws against civil and criminal fraud are not
16   specific to the elderly; and
17   
18        WHEREAS, the elderly need special protections from laws
19   that are intended to protect them, including laws against
20   criminal harm, and civil and criminal fraud; and
21   
22        WHEREAS, current laws that apply to the general population
23   could also be applied against the elderly, but this is
24   ineffective in deterrence and punishment; and
25   
26        WHEREAS, the Attorney General is the chief law enforcement
27   of the State; and
28   
29        WHEREAS, the legislature needs to have a comprehensive
30   review of all current criminal and civil statutes that can be
31   applied to protect the elderly against abuse and fraud, and
32   recommendations on enactment of laws to strengthen civil and
33   criminal protections for the elderly; now, therefore,
34   
35        BE IT RESOLVED by the Senate of the Twentieth Legislature
36   of the State of Hawaii, Regular Session of 2000, the House of

 
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                                  S.C.R. NO.            
                                                        
                                                        

 
 1   Representatives concurring, that the Attorney General is
 2   requested to conduct a study to review all existing civil and
 3   criminal statutes relating to abuse and fraud to determine:
 4   
 5        (1)  Which ones apply or could be applied specifically to
 6             the elderly;
 7   
 8        (2)  Which ones are conflicting or duplicative;
 9   
10        (3)  Whether or not existing laws adequately protect the
11             elderly; and
12   
13        (4)  What new laws should be enacted to adequately protect
14             the elderly;
15   
16   and
17   
18        BE IT FURTHER RESOLVED that the Attorney General make
19   recommendations to the legislature for statutory enactments to
20   clarify existing law, enact new laws, and consolidate existing
21   laws to protect the elderly from abuse and neglect; and
22   
23        BE IT FURTHER RESOLVED that the Attorney General report on
24   findings and recommendations to the legislature twenty days
25   before the convening of the Regular Session of 2001; and
26   
27        BE IT FURTHER RESOLVED that a certified copy of this
28   Concurrent Resolution be transmitted to the Attorney General.
29 
30 
31 
32                         OFFERED BY:  ____________________________