HOUSE OF REPRESENTATIVES

H.B. NO.

2253

TWENTY-SIXTH LEGISLATURE, 2012

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to public order.

 

 

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

 


     SECTION 1.  Chapter 710, Hawaii Revised Statutes, is amended by adding a new section to part III to be appropriately designated and to read as follows:

     "§710-     Resisting an order to stop a motor vehicle in the first degree.  (1)  A person commits the offense of resisting an order to stop a motor vehicle in the first degree if the person:

    (a)   Intentionally fails to obey a direction given by a law enforcement officer, who is acting under color of the law enforcement officer's official authority, to stop the motor vehicle; and

    (b)   The person's failure to obey the law enforcement officer's direction to stop the motor vehicle results in serious bodily injury or death to another person.

     (2)  For the purposes of this section, "serious bodily injury" shall have the same meaning as in section 707-700.

     (3)  Resisting an order to stop a motor vehicle in the first degree is a class C felony."

     SECTION 2.  Section 710-1027, Hawaii Revised Statutes, is amended to read as follows:

     "§710-1027  Resisting an order to stop a motor vehicle[.] in the second degree.  (1)  A person commits the offense of resisting an order to stop a motor vehicle in the second degree if the person intentionally fails to obey a direction [of] given by a law enforcement officer, who is acting under color of the law enforcement officer's official authority, to stop the [person's] motor vehicle.

     (2)  Resisting an order to stop a motor vehicle in the second degree is a misdemeanor."

     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  Statutory material to be repealed is bracketed and stricken.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:

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Report Title:

Law Enforcement; Resisting Order to Stop Motor Vehicle

 

Description:

Makes it a Class C felony to fail to obey a law enforcement officer's direction to stop a motor vehicle, resulting in serious bodily injury or death to another person.

 

 

 

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