Report Title:

Crimes; Violence Against Emergency Medical Services Personnel

Description:

Adds violence or the threat of violence against emergency medical services personnel to the offenses of assault in the second degree and terroristic threatening in the first degree. Eff. on approval.  (SD2)

HOUSE OF REPRESENTATIVES	H.B. NO.	1721
TWENTY-FOURTH LEGISLATURE, 2007		H.D. 1
STATE OF HAWAII		S.D. 2

A BILL FOR AN ACT

RELATING TO VIOLENCE AGAINST EMERGENCY MEDICAL SERVICES PERSONNEL.

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

     SECTION 1.  Section 707-711, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(1)  A person commits the offense of assault in the second degree if:

     (a)  The person intentionally or knowingly causes substantial bodily injury to another;

     (b)  The person recklessly causes serious or substantial bodily injury to another [person];

     (c)  The person intentionally or knowingly causes bodily injury to a correctional worker, as defined in section 710-1031(2), who is engaged in the performance of duty or who is within a correctional facility;

     (d)  The person intentionally or knowingly causes bodily injury to another [person] with a dangerous instrument; [or]

     (e)  The person intentionally or knowingly causes bodily injury to an educational worker who is engaged in the performance of duty or who is within an educational facility.  For the purposes of this paragraph, "educational worker" means: any administrator, specialist, counselor, teacher, or employee of the department of education [[]or[]] an employee of a charter school; a person who is a volunteer, as defined in section 90-1, in a school program, activity, or function that is established, sanctioned, or approved by the department of education; or a person hired by the department of education on a contractual basis and engaged in carrying out an educational function[.]; or

(f) The person intentionally or knowingly causes bodily injury to any emergency medical services personnel who is engaged in the performance of duty.  For the purposes of this paragragh, "emergency medical services personnel" shall have the same meaning as in section 321-222."

     SECTION 2.  Section 707-716, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(1)  A person commits the offense of terroristic threatening in the first degree if the person commits terroristic threatening:

     (a)  By threatening another person on more than one occasion for the same or a similar purpose;

     (b)  By threats made in a common scheme against different persons;

     (c)  Against a public servant arising out of the performance of the public servant's official duties.  For the purposes of this paragraph, "public servant" includes but is not limited to an educational worker.  "Educational worker" has the same meaning as defined in section 707-711; [or]

(d) Against any emergency medical services personnel who is engaged in the performance of duty.  For purposes of this paragraph, "emergency medical services personnel" shall have the same meaning as in section 321-222; or

    [(d)] (e)  With the use of a dangerous instrument."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.