HB1932

Report Title:

Health Care Worker; Assault; Terroristic Threatening

Description:

Adds assault of health care worker to offense of assault in the 2nd degree. Adds terroristic threatening of a health care worker to offense of terroristic threatening in the 1st degree.

HOUSE OF REPRESENTATIVES	H.B. NO.	1932
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII

A BILL FOR AN ACT

 

relating to the penal code.

 

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 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 section, "educational worker" means any administrator, specialist, counselor, teacher, or employee of the department of education, or a person who is a volunteer 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 a health care worker who is engaged in the performance of duty or who is within a health care facility. For the purposes of this section, "health care worker" means any licensed provider of health and human services under chapter 451D and their employees, agents, and volunteers and any employee, agent, or volunteer of any program, institution, place, building, or agency, private or public, whether organized for profit or not, used, operated, or designed to provide medical diagnosis, treatment, nursing, social services, or rehabilitative or preventive care to any person."

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; [or]

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

(c) Against a public servant, including but not limited to [an]:

(i) An educational worker, who for the purposes of this section shall mean an administrator, specialist, counselor, teacher, or other employee of the department of education, or a volunteer as defined by 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

(ii) A health care worker who for purposes of this section shall mean any licensed provider of health and human services under chapter 451D and their employees, agents, and volunteers and any employee, agent, or volunteer of any program, institution, place, building, or agency, private or public, whether organized for profit or not, used, operated, or designed to provide medical diagnosis, treatment, nursing, social services, or rehabilitative or preventive care to any person; or

(d) 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 on July 1, 2002.

INTRODUCED BY:	_____________________________