HOUSE OF REPRESENTATIVES

H.B. NO.

154

TWENTY-EIGHTH LEGISLATURE, 2015

 

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.  The purpose of this Act is to establish the offense of resisting arrest in the first degree as a felony and to establish the existing resisting arrest misdemeanor offense as resisting arrest in the second degree.

     SECTION 2.  Chapter 710, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§710‑     Resisting arrest in the first degree.  (1)  A person commits the offense of resisting arrest in the first degree if the person intentionally prevents a law enforcement officer acting under color of the law enforcement officer's official authority from effecting an arrest by removing or attempting to remove a firearm from the person of a law enforcement officer.

     As used in this section, "firearm" has the same meaning as in section 134-1.

     (2)  Resisting arrest in the first degree is a class C felony."

     SECTION 3.  Section 710-1026, Hawaii Revised Statutes, is amended to read as follows:

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

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

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

     (2)  Resisting arrest in the second degree is a misdemeanor."

     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  Statutory material to be repealed is bracketed and stricken.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:

_____________________________

 

 


 


 

Report Title:

Resisting Arrest in the First Degree

 

Description:

Creates the offense of resisting arrest in the first degree as a class C felony.  Amends the existing resisting arrest offense to resisting arrest in the second degree.

 

 

 

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