REPORT TITLE:
Athletic Contest Officials


DESCRIPTION:
Amends definition of "educational worker" for purpose of the
offense of assault in the 2nd degree.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2157
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO ATHLETIC CONTEST OFFICIALS.
 


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

 1      SECTION 1.  The legislature finds that athletic contest
 
 2 officials hired by the department of education for an activity
 
 3 that is established, sanctioned, or approved by the department of
 
 4 education should be treated as educational workers for the
 
 5 purpose of the law relating to assaults against educational
 
 6 workers.  Athletic contest officials are placed in a situation
 
 7 where there is an increase in the possibility of being criminally
 
 8 assaulted from their officiating of athletic events.
 
 9      SECTION 2.  Section 707-711, Hawaii Revised Statutes, is
 
10 amended by amending subsection (1) to read as follows:
 
11      "(1)  A person commits the offense of assault in the second
 
12 degree if:
 
13      (a)  The person intentionally or knowingly causes
 
14           substantial bodily injury to another;
 
15      (b)  The person recklessly causes serious bodily injury to
 
16           another person;
 
17      (c)  The person intentionally or knowingly causes bodily
 
18           injury to a correctional worker, as defined in section
 

 
Page 2                                                     2157
                                     H.B. NO.           
                                                        
                                                        


 1           710-1031(2), who is engaged in the performance of duty
 
 2           or who is within a correctional facility;
 
 3      (d)  The person intentionally or knowingly causes bodily
 
 4           injury to another person with a dangerous instrument;
 
 5           or
 
 6      (e)  The person intentionally or knowingly causes bodily
 
 7           injury to an educational worker who is engaged in the
 
 8           performance of duty or who is within an educational
 
 9           facility.  For the purposes of this section,
 
10           "educational worker" means [any]:
 
11           (i)  Any administrator, specialist, counselor, teacher,
 
12                or employee of the department of education[, or
 
13                a];
 
14          (ii)  A person who is a volunteer in a school program,
 
15                activity, or function that is established,
 
16                sanctioned, or approved by the department of
 
17                education [or a];
 
18         (iii)  A person hired by the department of education on a
 
19                contractual basis and engaged in carrying out an
 
20                educational function[.]; or
 
21          (iv)  A person hired by the department of education on a
 
22                contractual basis and serving as an athletic
 

 
 
 
Page 3                                                     2157
                                     H.B. NO.           
                                                        
                                                        


 1                contest official during a school athletic contest
 
 2                that is established, sanctioned, or approved by
 
 3                the department of education."
 
 4      SECTION 3.  This Act does not affect rights and duties that
 
 5 matured, penalties that were incurred, and proceedings that were
 
 6 begun, before its effective date.
 
 7      SECTION 4.  Statutory material to be repealed is bracketed.
 
 8 New statutory material is underscored.
 
 9      SECTION 5.  This Act shall take effect upon its approval.
 
10 
 
11                           INTRODUCED BY:  _______________________