HOUSE OF REPRESENTATIVES

H.B. NO.

2008

TWENTY-FIFTH LEGISLATURE, 2010

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO DANGEROUS INSTRUMENTS.

 

 

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

 


     SECTION 1.  Section 707-700, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""Replica firearm" means any device that substantially resembles a firearm or can reasonably be perceived to be an actual firearm."

     SECTION 2.  Section 707-716, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(1)  A person commits the offense of terroristic threatening in the first degree if the person commits terroristic threatening:

    (a)   By threatening another person on more than one occasion for the same or a similar purpose;

    (b)   By threats made in a common scheme against different persons;

    (c)   Against a public servant arising out of the performance of the public servant's official duties.  For the purposes of this paragraph, "public servant" includes but is not limited to an educational worker.  "Educational worker" has the same meaning as defined in section 707-711;

    (d)   Against any emergency medical services personnel who is engaged in the performance of duty.  For purposes of this paragraph, "emergency medical services personnel" shall have the same meaning as in section 321-222; or

    (e)   With the use of a dangerous instrument[.] or a replica firearm."

     SECTION 3.  Section 708-801, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""Replica firearm" means any device that substantially resembles a firearm or can reasonably be perceived to be an actual firearm."

     SECTION 4.  Section 708-840, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(1)  A person commits the offense of robbery in the first degree if, in the course of committing theft or non-consensual taking of a motor vehicle:

    (a)   The person attempts to kill another or intentionally or knowingly inflicts or attempts to inflict serious bodily injury upon another;

    (b)   The person is armed with a dangerous instrument or a replica firearm and:

         (i)  The person uses force against the person of anyone present with intent to overcome that person's physical resistance or physical power of resistance; or

        (ii)  The person threatens the imminent use of force against the person of anyone present with intent to compel acquiescence to the taking of or escaping with the property;

    (c)   The person uses force against the person of anyone present with the intent to overcome that person's physical resistance or physical power of resistance during the time of a civil defense emergency proclaimed by the governor pursuant to chapter 128, within the area covered by the civil defense emergency or during the period of disaster relief under chapter 127; or

    (d)   The person threatens the imminent use of force against the person of anyone present with intent to compel acquiescence to the taking of or escaping with the property during the time of a civil defense emergency proclaimed by the governor pursuant to chapter 128, within the area covered by the civil defense emergency or during the period of disaster relief under chapter 127."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

BY REQUEST


 


 

Report Title:

Dangerous Instruments; Replica Firearms

 

Description:

Expands scope of offenses of terroristic threatening in the first degree and robbery in the first degree to include the use of a replica firearm.

 

 

 

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