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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2185 |
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THIRTY-THIRD LEGISLATURE, 2026 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to sports officials.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"§28- Civil actions; sports officials. The attorney general may represent a sports
official in a civil action in
relation to a sports event at which the sports official has been, or has allegedly been, assaulted
or threatened while engaged in the lawful discharge of the sports official's
duties.
For the purposes of this section, "sports official" and
"lawful discharge of the sports official's duties" have the same
meaning as defined in section 706-605.6."
SECTION 2. Section 28-6, Hawaii Revised Statutes, is amended to read as follows:
"§28-6 No fee; not to act as attorney. The attorney general shall not receive any fee or reward from or in behalf of any person or prosecutor, for services rendered in any prosecution or business to which it shall be the attorney general's official duty to attend; nor, except when acting pursuant to section 28- , be concerned as counsel or attorney for either party in any civil action depending upon the same state of facts."
SECTION 3. Section 706-605.6, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:
"(2) For the purposes of this section:
"Lawful discharge of the sports official's duty" means the performance of duties of a sports official from the time the sports official arrives at the venue of a sports event and ending when the sports official returns to their residence or business.
"Sports event" means any organized amateur or professional athletic contest in the State.
"Sports official" means a person at a sports event, including but not limited to a sports event at a public or private school, who enforces the rules of the event, such as an umpire, referee, timer, or scorer, or a person who supervises the participants, such as a coach, or a league or school administrator, regardless of whether the person is paid or provides their services as an unpaid volunteer."
SECTION 4. Section 707-710, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
"(1) A person commits the offense of assault in the first degree if the person intentionally or knowingly causes:
(a) Serious bodily injury to another
person; [or]
(b) Substantial bodily injury to a person
who is sixty years of age or older and the age of the injured person is known
or reasonably should be known to the person causing the injury[.]; or
(c) Bodily injury to a sports
official who is engaged in the lawful discharge of the sports official's
duties. For the purposes of this
paragraph, "sports official" and "lawful discharge of the sports
official's duties" have the same meaning as defined in section 706-605.6."
SECTION 5. Section 707-711, Hawaii Revised Statutes, is amended to read as follows:
"§707-711 Assault in the second degree. (1) A person commits the offense of assault in
the second degree if the person:
(a) Intentionally, knowingly, or recklessly causes substantial bodily injury to another;
(b) Recklessly causes serious bodily injury to
another;
(c) 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) Intentionally or knowingly causes bodily
injury to another with a dangerous instrument;
(e) 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;
(f) Intentionally or knowingly causes bodily
injury to any emergency medical services provider who is engaged in the
performance of duty. For the purposes of
this paragraph, "emergency medical services provider" means emergency
medical services personnel, as defined in section 321-222, and physicians,
physician's assistants, nurses, nurse practitioners, certified registered nurse
anesthetists, respiratory therapists, laboratory technicians, radiology technicians,
and social workers, providing services in the emergency room of a hospital;
(g) Intentionally or knowingly causes bodily injury
to a person employed at a state-operated or -contracted mental health
facility. For the purposes of this
paragraph, "a person employed at a state-operated or -contracted mental
health facility" includes health care professionals as defined in section
451D-2, administrators, orderlies, security personnel, volunteers, and any
other person who is engaged in the performance of a duty at a state-operated or
-contracted mental health facility;
(h) Intentionally or knowingly causes bodily injury to a person who:
(i) The defendant has been restrained from, by order of any court, including an ex parte order, contacting, threatening, or physically abusing pursuant to chapter 586; or
(ii) Is being protected by a police officer ordering the defendant to leave the premises of that protected person pursuant to section 709-906(4), during the effective period of that order;
(i) Intentionally or knowingly causes bodily injury to any
firefighter or water safety officer who is engaged in the performance of
duty. For the
purposes of this paragraph, "firefighter" has the same meaning
as in section 710-1012 and "water safety
officer" means any public servant employed by the United States, the
State, or any county as a lifeguard or person authorized to conduct water
rescue or ocean safety functions;
(j) Intentionally or knowingly
causes bodily injury to a person who is engaged in the performance of duty at a
health care facility as defined in section 323D-2. For purposes of this paragraph, "a
person who is engaged in the performance of duty at a health care
facility" includes health care professionals as defined in section 451D-2,
physician assistants, surgical assistants, advanced practice registered nurses,
nurse aides, respiratory therapists, laboratory technicians, and radiology
technicians;
(k) Intentionally or knowingly
causes bodily injury to a person who is engaged in providing home health care
services, as defined in section 431:10H-201;
(l) Intentionally or knowingly causes bodily injury to a person employed or contracted to work by a mutual benefit society, as defined in section 432:1-104, to provide case management services to an individual in a hospital, health care provider's office, or home, while that person is engaged in the performance of those services;
(m) Intentionally or knowingly causes bodily injury to a person who is sixty years of age or older and the age of the injured person is known or reasonably should be known to the person causing the injury;
[(n) Intentionally or knowingly causes
bodily injury to a sports official who is engaged in the lawful discharge of
the sports official's duties. For the
purposes of this paragraph, "sports official" and "lawful
discharge of the sports official's duties" have the same meaning as in
section 706-605.6;
(o)]
(n)
Intentionally or knowingly causes bodily injury to a national
guard member who is engaged in the performance of duty. For purposes of this paragraph,
"national guard member" means a member of the national guard on any
duty or service done under or in pursuance of an order or call of the governor
or the President of the United States or any proper authority as provided by
law; or
[[(p)]] (o) Intentionally or knowingly causes
bodily injury to any protective services worker who is engaged in the
performance of the worker's duties. For
purposes of this paragraph, "protective services worker" means any
administrator, specialist, social worker, case manager, or aide employed by the
department of human services to investigate or provide services in response to
reports of child abuse or neglect, or to investigate or provide services in
response to reports of abuse or neglect of a vulnerable adult.
(2) Assault in the second degree is a class C felony."
SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 8. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Attorney General; Sports Officials; Public Schools; Private Schools; Civil Proceedings; Felony
Description:
Authorizes the Attorney General to represent sports officials in civil proceedings if the sports official has been assaulted or threatened in the course of legally discharging their sports official duties. Makes intentional bodily injury of a sports official engaged in the lawful discharge of the sports official's duties a class B felony. Clarifies that a sports official includes a school or league administrator. Clarifies that a sports official's duties cover sports events at public schools and private schools.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.