STAND. COM. REP. NO. 1493

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  H.B. No. 300
                                        H.D. 1
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred H.B. No.
300, H.D. 1, entitled: 

     "A BILL FOR AN ACT RELATING TO THE PENAL CODE,"

begs leave to report as follows:

     The purpose of this bill, as received by your Committee, is
to create a new offense of assault against a police officer in
the first degree.  Under this bill, any person who intentionally
or knowingly causes physical injury to a police officer who is
engaged in the performance of duty would be guilty of a class C
felony.

     Your Committee finds that under existing law, assaulting a
correctional worker or educational worker who is engaged in the
performance of the worker's duties is a class C felony.  Your
Committee agrees that the intent of these laws was to deter the
rising number of assaults committed against correctional officers
in correctional facilities, and to provide additional protection
for educational workers in the classroom.  Your Committee further
finds that in 1997, 359 cases of assault against police officers
were filed, which under existing law is a misdemeanor.  Your
Committee believes that an enhanced offense for the assault of a
police officer may act as a deterrent to suspects who might
otherwise escalate encounters with police officers into physical
confrontations.


 
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                                   STAND. COM. REP. NO. 1493
                                   Page 2


     Testimony in support of the intent of this measure was
submitted by the Department of the Attorney General, the
Department of the Prosecuting Attorney of the City and County of
Honolulu, the Honolulu Police Department, and the State of Hawaii
Organization of Police Officers.  These testifiers unanimously
agreed that the bill's use of the terms "physical injury" and
"physical pain" would be problematic and suggested the adoption
of the language in S.B. No. 1379, S.D. 2.  Testimony in
opposition to this measure was submitted by the Office of the
Public Defender.

     Upon further consideration, your Committee has amended this
measure by deleting its substance and inserting the language of
S.B. No. 1379, S.D. 2, which is substantially similar but
replaces the terms "physical injury" and "physical pain" with
"bodily injury".

     As affirmed by the record of votes of the members of your
Committee on Judiciary that is attached to this report, your
Committee is in accord with the intent and purpose of H.B. No.
300, H.D. 1, as amended herein, and recommends that it pass
Second Reading in the form attached hereto as H.B. No. 300, H.D.
1, S.D. 1, and be placed on the calendar for Third Reading.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Judiciary,



                                   ______________________________
                                   AVERY B. CHUMBLEY, Co-Chair



                                   ______________________________
                                   MATTHEW M. MATSUNAGA, Co-Chair

 
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