REPORT TITLE: 
Assault Against Officer


DESCRIPTION:
Creates class C felony offense of assault against police officer
in the 1st degree.  Amends the present misdemeanor offense of
assault against police officer to make it an offense in the 2nd
degree.  (HB300 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        300
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D.1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                     A BILL FOR AN ACT

RELATING TO THE PENAL CODE.



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

 1      SECTION 1.  Section 707-700, Hawaii Revised Statutes, is
 
 2 amended by adding a new definition to be appropriately inserted
 
 3 and to read as follows:
 
 4      ""Physical injury" means any diagnosable illness or
 
 5 impairment of physical condition."
 
 6      SECTION 2.  Chapter 707, Hawaii Revised Statutes, is amended
 
 7 by adding a new section to be appropriately designated and to
 
 8 read as follows:
 
 9      "§707-     Assault against a police officer in the first
 
10 degree.  (1)  A person commits the offense of assault against a
 
11 police officer in the first degree, if the person intentionally
 
12 or knowingly causes physical injury to a police officer who is
 
13 engaged in the performance of duty.
 
14      (2)  Assault against a police officer in the first degree is
 
15 a class C felony."
 
16      SECTION 3.  Section 707-712.5, Hawaii Revised Statutes, is
 
17 amended to read as follows:
 
18      "[[]§707-712.5[]]  Assault against a police officer[.] in
 
19 the second degree.  (1)  A person commits the offense of assault
 
20 against a police officer in the second degree, if the person:
 

 
Page 2                                                     300
                                     H.B. NO.           H.D.1
                                                        
                                                        

 
 1      (a)  [Intentionally, knowingly, or recklessly] Recklessly
 
 2           causes [bodily injury] physical pain to a police
 
 3           officer who is engaged in the performance of duty; or
 
 4      (b)  Negligently causes, with a dangerous instrument,
 
 5           [bodily injury] physical pain to a police officer who
 
 6           is engaged in the performance of duty.
 
 7      (2)  Assault [of] against a police officer in the second
 
 8 degree is a misdemeanor.  The court [shall], at a minimum, shall
 
 9 sentence the person who has been convicted of this offense to
 
10 imprisonment for no less than thirty days."
 
11      SECTION 4.  This Act does not affect rights and duties that
 
12 matured, penalties that were incurred, and proceedings that were
 
13 begun, before its effective date.
 
14      SECTION 5.  Statutory material to be repealed is bracketed.
 
15 New statutory material is underscored.
 
16      SECTION 6.  This Act shall take effect upon its approval.