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THE SENATE

S.B. NO.

1120

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO ENDANGERING THE WELFARE OF INCOMPETENT PERSONS.

 

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

SECTION 1. Chapter 709, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§709- Endangering the welfare of an incompetent person in the second degree. (1) A person commits the offense of endangering the welfare of an incompetent person in the second degree if the person recklessly 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.

(2) Endangering the welfare of an incompetent person in the second degree is a misdemeanor."

SECTION 2. Section 571-14, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Except as provided in sections 603-21.5 and 604-8, the court shall have exclusive original jurisdiction:

(1) To try any offense committed against a child by the child's parent or guardian or by any other person having the child's legal or physical custody, and any violation of section 707-726, 707-727, 709-902, 709-903, 709-903.5, 709-904, 709-905, 709- , 709-906, or 302A-1135, whether or not included in other provisions of this paragraph or paragraph (2).

(2) To try any adult charged with:

(A) Deserting, abandoning, or failing to provide support for any person in violation of law;

(B) An offense, other than a felony, against the person of the defendant's husband or wife;

(C) Any violation of an order issued pursuant to chapter 586; or

(D) Any violation of an order issued by a family court judge.

In any case within paragraph (1) or (2), the court, in its discretion, may waive its jurisdiction over the offense charged.

(3) In all proceedings under chapter 580, and in all proceedings under chapter 584.

(4) In proceedings under chapter 575, the Uniform Desertion and Nonsupport Act, and under chapter 576B, the Uniform Interstate Family Support Act.

(5) For commitment of an adult alleged to be mentally defective or mentally ill.

(6) In all proceedings for support between parent and child or between husband and wife.

(7) In all proceedings for pre-trial detention or waiver of jurisdiction over an adult who was a child at the time of an alleged criminal act as provided in section 571-13 or 571-22.

(8) In all proceedings under chapter 586, Domestic Abuse Protective Orders.

(9) In all proceedings to appoint a guardian of the person of an adult.

(10) For the protection of dependent adults under chapter 346, part X.

In any case within paragraph (3), (4), or (6), the attorney general, through the child support enforcement agency, may exercise concurrent jurisdiction as provided in chapter 576E."

SECTION 3. Section 577-10, Hawaii Revised Statutes, is amended to read as follows:

"§577-10 Court having jurisdiction. The family courts shall have exclusive jurisdiction of all cases coming within sections 709-902, 709-903, 709-904, [and] 709-905[;], and 709-   ; provided that upon complaint made to any prosecuting officer of the commission of any offense coming within sections 709-902, 709-903, 709-904, [and] 709-905, and 709- , the district judge within whose circuit the offense is alleged to have been committed may issue the judge's warrant for the arrest of the person accused of such offense, and commit the accused to the family court for the required proceedings."

SECTION 4. Section 709-905, Hawaii Revised Statutes, is amended to read as follows:

"§709-905 Endangering the welfare of an incompetent person[.] in the first degree. (1) A person commits the offense of endangering the welfare of an incompetent person in the first degree if [he] the person intentionally or knowingly acts in a manner likely to be injurious to the physical or mental welfare of a person who is unable to care for [himself] the person's self because of physical or mental disease, disorder, or defect.

(2) Endangering the welfare of an incompetent person in the first degree is a [misdemeanor.] class C felony."

SECTION 5. Statutory material to be repealed is bracketed. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:

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