Report Title:

Resisting Arrest; Peace Law Enforcement Officer

 

Description:

Changes: (1) standard for offense of resisting arrest from "prevents" arrest to "interferes with" arrest; (2) the term "peace officer" to "law enforcement officer".

 

THE SENATE

S.B. NO.

1523

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO RESISTING ARREST.

 

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

SECTION 1. Section 710-1026, Hawaii Revised Statutes, is amended to read as follows:

"§710-1026 Resisting arrest. (1) A person commits the offense of resisting arrest if the person intentionally [prevents] interferes with the arrest of any person by a [peace] law enforcement officer acting under color of the [peace] law enforcement officer's official authority [from effecting an arrest] by:

(a) Using or threatening to use physical force against the [peace] law enforcement officer or another; or

(b) Using any other means creating a substantial risk of causing bodily injury to the [peace] law enforcement officer or another.

(2) Resisting arrest is a misdemeanor."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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