HB2182

Report Title:

Law Enforcement Officers, Assault Against

Description:

Increases penalties for assault on law enforcement officers.

HOUSE OF REPRESENTATIVES	H.B. NO.	2182
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII

A BILL FOR AN ACT

 

RELATING TO LAW ENFORCEMENT OFFICERS.

 

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

SECTION 1. The job of law enforcement officer has always been a dangerous one, and in recent years it has become even more difficult as aggravated assaults against officers have increased. During the five-year period of 1993 through 1997, there was an average of three per cent increase in aggravated assaults.

The legislature finds that there is a direct relationship between assaults and the effects it has on law enforcement officers in the State, and that law enforcement officers have been involved in more assaults against them as crime increases. They are tasked with the responsibility to protect life and property of the community and therefore should command the respect of the community. Law enforcement officers should be able to perform their duties without the intimidation of being threatened or assaulted by members of the community.

The legislature finds that, based on the present penalties for threatening or assaulting a law enforcement officer, the public is receiving wrong messages. The crime of assaulting a police officer and terroristic threatening against a police officer are presently misdemeanors. Although law enforcement officers undertake certain risks in the performance of their job, being purposely threatened or assaulted should not be part of it. The law must protect the law enforcement officer who already has a difficult job to perform.

The legislature realizes that in the course of an arrest, people can become agitated or combative and take a reckless swing at a police officer, which does the officer no real harm. This is not the type of behavior sought to be covered under this Act. Rather, this Act is meant to cover either intentional or knowing harm to the officer, or reckless actions that causes substantial bodily injury to the officer.

The purpose of this Act is to increase the penalties for assaulting a law enforcement officer, and increase the scope of protection to all law enforcement officers, not just police officers.

SECTION 2. Section 707-712.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§707-712.5[]] Assault against a [police] law enforcement officer. (1) A person commits the offense of assault against a [police] law enforcement officer if the person:

(a) Intentionally[,] or knowingly[, or recklessly] causes bodily injury to a [police] law enforcement officer who is engaged in the performance of duty; [or]

(b) Recklessly causes substantial bodily injury to a law enforcement officer who is engaged in the performance of duty; or

[(b)] (c) Negligently causes, with a dangerous instrument, bodily injury to a [police] law enforcement officer who is engaged in the performance of duty.

(2) Assault of a [police] law enforcement officer is a [misdemeanor.] class C felony. The court shall, at a minimum, sentence the person who has been convicted of this offense to imprisonment for no less than [thirty] sixty days[.], unless a longer minimum sentence is provided for by law."

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ , or so much thereof as may be necessary for fiscal year 2002-2003, for a report by the judiciary to the legislature of the anticipated costs of handling assaults against law enforcement officers as felonies rather than misdemeanors. The report shall include suggested legislation, if necessary, to handle this increased burden on the judiciary and the department of public safety. The study shall be submitted to the legislature no later than twenty days prior to the convening of the regular session of 2003.

SECTION 4. The sum appropriated shall be expended by the judiciary for the purposes of this Act.

SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before July 1, 2003.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 2002; provided that section 2 shall take effect on July 1, 2003.

INTRODUCED BY:	_____________________________