REPORT TITLE:
Penal Code; Law Enf. Officer 


DESCRIPTION:
Defines "law enforcement" officer; changes references from
"peace" officer to "law enforcement" officer. (SD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2634
THE SENATE                              S.B. NO.           S.D. 2
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.  Section 701-118, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "701-118  General definitions.  In this Code, unless a
 
 4 different meaning plainly is required:
 
 5      [(1) "Statute" includes the Constitution of the State and a
 
 6           local law or ordinance of a political subdivision of
 
 7           the State;
 
 8      (2)] "Act" or "action" means a bodily movement whether
 
 9           voluntary or [involuntary;] involuntary.
 
10      [(3) "Omission" means a failure to act;
 
11      (4)  "Conduct" means an act or omission, or, where relevant,
 
12           a series of acts or a series of omissions, or a series
 
13           of acts and omissions;
 
14      (5)  "Actor" includes, a person who acts, or, where
 
15           relevant, a person guilty of omission;
 
16      (6)] "Acted" includes, where relevant, "omitted to [act";]
 
17           act."
 
18      "Actor" includes, a person who acts, or, where relevant, a
 
19 person guilty of omission.
 
20      [(7) "Person," "he," "him," "actor," and "defendant" include
 

 
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 1           any natural person and, where relevant, a corporation
 
 2           or an unincorporated association;
 
 3      (8)] "Another" means any other person and includes, where
 
 4           relevant, the United States, this State and any of its
 
 5           political subdivisions, and any other state and any of
 
 6           its political [subdivisions; and] subdivisions.
 
 7      "Conduct" means an act or omission, or, where relevant, a
 
 8 series of acts or a series of omissions, or a series of acts and
 
 9 omissions.
 
10      "Law enforcement officer" means any public servant, whether
 
11 employed by the State or county or by the United States, vested
 
12 by law with a duty to maintain public order or, to make arrests
 
13 for offenses or to enforce the criminal laws, whether that duty
 
14 extends to all offenses or is limited to a specific class of
 
15 offenses.
 
16      "Omission" means a failure to act.
 
17      "Person," "he," "him," "actor," and "defendant" include any
 
18 natural person and, where relevant, a corporation or an
 
19 unincorporated association.
 
20      [(9)]"State" means a state of the United States, the
 
21      District of Columbia, the Commonwealth of Puerto Rico, and
 
22      any territory or possession of the United States.
 
23      "Statute" includes the Constitution of the State and a local
 

 
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 1 law or ordinance of a political subdivision of the State."
 
 2      SECTION 2.  Chapters 701, 702, 703, 704, 705, 706, 707, 708,
 
 3 709, 710, 711, 712, and 712A, Hawaii Revised Statutes, are
 
 4 amended by substituting the term "law enforcement officer", or
 
 5 like term, wherever the term "peace officer", or like term,
 
 6 appears as the context requires.
 
 7      SECTION 3.  Statutory material to be repealed is bracketed.
 
 8 New statutory material is underscored.
 
 9      SECTION 4.  This Act shall take effect upon its approval.