REPORT TITLE:
Assault Against Officers


DESCRIPTION:
Creates the offense of assault against a law enforcement officer
in the 1st degree as a class C felony.  Renames assault against a
police officer as assault against a law enforcement officer in
the 2nd degree, and reduces the criminal state of mind
requirement for that offense.  (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        3105
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO THE PENAL CODE.



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 section to be appropriately designated and to
 
 3 read as follows:
 
 4      "§707-     Assault against a law enforcement officer in the
 
 5 first degree.  (1)  A person commits the offense of assault
 
 6 against a law enforcement officer, as defined in section
 
 7 710-1000(13), in the first degree if the person intentionally or
 
 8 knowingly causes bodily injury to a police officer who is engaged
 
 9 in the performance of duty.
 
10      (2)  Assault against a law enforcement officer in the first
 
11 degree is a class C felony."
 
12      SECTION 2.  Section 707-712.5, Hawaii Revised Statutes, is
 
13 amended to read as follows:
 
14      "[[]§707-712.5[]]  Assault against a [police] law
 
15 enforcement officer[.] in the second degree.  (1)  A person
 
16 commits the offense of assault against a [police] law enforcement
 
17 officer[.], as defined in section 710-1000(13), in the second
 
18 degree if the person:
 
19      (a)  [Intentionally, knowingly, or recklessly] Recklessly
 

 
Page 2                                                     3105
                                     S.B. NO.           S.D. 1
                                                        
                                                        


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