REPORT TITLE: 
Penal Code


DESCRIPTION:
Enacts a new offense of assault against a law enforcement
officer in the first degree, a class C felony.  Also, amends the
states of mind in the offense of assault against a law
enforcement officer in the second degree. 


 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2091
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                     A BILL FOR AN ACT

RELATING TO THE PENAL CODE.



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

 1      SECTION 1.  Chapter 707, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "707-      Assault against a law enforcement officer in the
 
 5 first degree.  (1)  A person commits the offense of assault
 
 6 against a law enforcement officer in the first degree, if the
 
 7 person intentionally or knowingly causes bodily injury to a
 
 8 police officer who is engaged in the performance of duty.
 
 9      (2)  Assault against a law enforcement officer in the first
 
10 degree is a class C felony."
 
11      SECTION 2.  Section 707-712.5, Hawaii Revised Statutes, is
 
12 amended to read as follows:
 
13      "707-712.5   Assault against a [police officer] law
 
14 enforcement officer in the second degree.  (1)  A person commits
 
15 the offense of assault against a [police officer] law enforcement
 
16 officer in the second degree, if the person:
 
17      (a)  [Intentionally, knowlingly, or recklessley] Recklessly
 
18           causes bodily injury to a police officer who is engaged
 
19           in the performance of duty; or
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1      (b)  Negligently causes, with a dangerous instrument, bodily
 
 2           injury to a police officer who is engaged in the
 
 3           performance of duty.
 
 4      (2)  Assault [of] against a [police officer] law enforcement
 
 5 officer in the second degree is a misdemeanor.  The court shall,
 
 6 at a minimum, sentence the person who has been convicted of this
 
 7 offense to imprisonment for no less than thirty days."
 
 8      SECTION 3.  This Act does not affect rights and duties that
 
 9 matured, penalties that were incurred, and proceedings that were
 
10 begun, before its effective date.
 
11      SECTION 4.  Statutory material to be repealed is bracketed.
 
12 New statutory material is underscored.
 
13      SECTION 5.  This Act shall take effect upon its approval.
 
14 
 
15                       INTRODUCED BY:  ___________________________