STAND. COM. REP. NO. 736

                                 Honolulu, Hawaii
                                                   , 1999

                                 RE: H.B. No. 300
                                     H.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Judiciary and Hawaiian Affairs, to which
was referred H.B. No. 300 entitled: 

     "A BILL FOR AN ACT RELATING TO THE PENAL CODE,"

begs leave to report as follows:

     The purpose of this bill is to create a new offense of
assault against a police officer in the first degree.  Under this
measure any person who intentionally or knowingly causes physical
injury to a police officer who is engaged in the performance of
duty would be guilty of a class C felony.

     Testimony in support of this bill was received from the
Department of the Prosecuting Attorney, City and County of
Honolulu; the Department of the Prosecuting Attorney, County of
Maui; the Department of Public Safety; the Police Department,
County of Hawaii; the Police Department, City and County of
Honolulu; and the State of Hawaii Organization of Police
Officers.  The Department of Land and Natural Resources supported
the intent of this bill.  Testimony in opposition to this bill
was received from the Office of the Public Defender.

     Your Committee finds that under current law it is a class C
felony to assault correctional workers or educational workers who
are engaged in the performance of their duties.  Your Committee
believes that similar protections should be afforded to police
officers who on a daily basis are placed in highly volatile and
physically dangerous situations.


 
 
                                 STAND. COM. REP. NO. 736
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     Your Committee has amended this bill by:

     (1)  Defining physical injury to mean any diagnosable
          illness or impairment of physical condition, and;

     (2)  Making technical, nonsubstantive amendments for the
          purposes of style and clarity.

     As affirmed by the record of votes of the members of your
Committee on Judiciary and Hawaiian Affairs that is attached to
this report, your Committee is in accord with the intent and
purpose of H.B. 300, as amended herein, and recommends that it
pass Second Reading in the form attached hereto as H.B. No. 300,
H.D. 1, and be placed on the calendar for Third Reading.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Judiciary &
                                   Hawaiian Affairs,



                                   ______________________________
                                   PAUL T. OSHIRO, Chair