REPORT TITLE:
Elderly Abuse


DESCRIPTION:
Creates criminal offense of promoting elder abuse in the first,
second, third, and fourth degrees; defines terms; establishes
penalties.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2487
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  .  ELDER ABUSE
 
 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 an elder, if the
 
 8 caregiver has the ability to provide them.
 
 9      "Bodily injury" means physical pain, illness, or any
 
10 impairment of physical condition.
 
11      "Caretaker" means:
 
12      (1)  An adult child, family or household member, who resides
 
13           with the elder; or
 
14      (2)  Other person who:
 
15           (a)  Has the care, control, or custody of an elder,
 
16                without regard to residing in the same household
 
17                (for example, an employee of a facility in which
 
18                the elder resides); or
 
19           (b)  Resides in the same household with an elder and
 

 
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 1                stands in a position of trust with the elder (not
 
 2                including a renter who pays rent to the elder, for
 
 3                example).
 
 4      "Elder" means a person who is over the age of sixty who has
 
 5 a caretaker.
 
 6      "Serious bodily injury" means bodily injury that creates a
 
 7 substantial risk of death or protracted loss or impairment of the
 
 8 function of a bodily member or organ.
 
 9      "Substantial bodily injury" means bodily injury that is
 
10 likely to result in serious bodily injury unless abated or
 
11 terminated. 
 
12      �707-  Promoting elder abuse in the first degree.(1)  A
 
13 caretaker commits the offense of promoting elder abuse in the
 
14 first degree if the caretaker causes the death of an elder by
 
15 abuse.
 
16      (2)  Promoting elder abuse in the first degree is a class A
 
17 felony.
 
18      �707-  Promoting elder abuse in the second degree.(1)  A
 
19 caretaker commits the offense of promoting elder abuse in the
 
20 second degree if the caretaker causes serious bodily injury to an
 
21 elder by abuse.
 
22      (2)  Promoting elder abuse in the second degree is a class B
 
23 felony.
 

 
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                                     S.B. NO.           2487
                                                        
                                                        

 
 1      �707-  Promoting elder abuse in the third degree.(1)  A
 
 2 caretaker commits the offense of promoting elder abuse in the
 
 3 third degree if the caretaker causes substantial bodily injury to
 
 4 an elder by abuse.
 
 5      (2)  Promoting elder abuse in the third degree is a class C
 
 6 felony.
 
 7      �707-  Promoting elder abuse in the fourth degree.(1)  A
 
 8 caretaker commits the offense of promoting elder abuse in the
 
 9 fourth degree if the caretaker commits abuse.
 
10      (2)  Promoting elder abuse in the fourth degree is a
 
11 misdemeanor."
 
12      SECTION 2.  This Act does not affect rights and duties that
 
13 matured, penalties that were incurred, and proceedings that were
 
14 begun, before its effective date.
 
15      SECTION 3.  This Act shall take effect upon its approval.
 
16 
 
17                       INTRODUCED BY:  ___________________________