Report Title:

Crimes; Police Officers

 

Description:

Elevates to a class C felony an intentional or knowing assault against a police officer.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

1623

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO ASSAULTS.

 

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

SECTION 1. The legislature finds that violence is increasing in the State, especially on the island of Oahu where eighty per cent of the State's population is located. During a period of five years, 1993 through 1997, there was an average of three per cent increase in aggravated assaults. Assaults endanger the lives of residents and deteriorate the quality of life in communities rather than improve it.

The legislature finds that there is a direct relationship between assaults and the effect they have on law enforcement officers in the State. Since 1983 to 1997, there was a sixty-six per cent increase in aggravated assaults statewide and one hundred sixty-seven per cent increase in arrest for simple assaults. In 1997, assaults on law enforcement officers accounted for five per cent of the total 5,412 cases and arrests. Honolulu police alone experienced three hundred fifty-four assault cases in 1994, three hundred seventy-four cases in 1995, two hundred sixty-two cases in 1996, and two hundred eighty-four cases in 1997.

The legislature finds that law enforcement officers have been involved in more assaults against them as crime increases. They are tasked with the responsibility of protecting 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 police officer, the public is receiving wrong messages. The crimes of assaulting a police officer and terroristic threatening against a police officer are presently misdemeanors, while current laws make it a felony to assault a correctional worker, an educational worker, or a driver of a public transportation vehicle during the course of their duties or to threaten an educational worker. Whoever threatens a law enforcement officer with bodily harm or assaults a law enforcement officer should face a higher penalty. Although law enforcement officers undertake certain risks in the performance of their jobs, 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 purpose of this Act is to make intentional or knowing assaults against a police officer a class C felony.

SECTION 2. Chapter 707, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§707- Assault against a police officer in the first degree. (1) A person commits the offense of assault against a police officer in the first degree if the person intentionally or knowingly causes bodily injury to a police officer who is engaged in the performance of duty.

(2) Assault against a police officer in the first degree is a class C felony."

SECTION 3. Section 707-712.5, Hawaii Revised Statutes, is amended to read as follows:

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

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

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

(2) Assault [of] against a police officer in the second degree is a misdemeanor. The court shall, at a minimum, sentence the person who has been convicted of this offense to imprisonment for no less than thirty days."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:

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