Report Title:

Crimes; Assault; Public Transit Worker

Description:

Establishes the class C felony and misdemeanor offenses of assault against a public transit worker in the first and second degrees, respectively.

HOUSE OF REPRESENTATIVES

H.B. NO.

2903

TWENTY-THIRD LEGISLATURE, 2006

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING to PROTECTION of public transit workers.

 

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

SECTION 1. Section 707-700, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Public transit worker" means an operator of any conveyance owned, leased, or under contract to the State or a county for the purpose of transporting passengers, whether the person is an employee of the State or a county or a contractor providing passenger transportation services to the State or county."

SECTION 2. Chapter 707, part III, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§707- Assault against a public transit worker in the first degree. (1) A person commits the offense of assault against a public transit worker in the first degree if the person:

(a) Intentionally or knowingly causes bodily injury to a public transit worker who is engaged in the performance of duty; or

(b) Recklessly or negligently causes, with a dangerous instrument, bodily injury to a public transit worker who is engaged in the performance of duty.

(2) Assault of a public transit worker in the first degree is a class C felony. The court, at a minimum, shall sentence the person who has been convicted of this offense to:

(a) An indeterminate term of imprisonment of five years, pursuant to section 706-660; or

(b) Five years probation, with conditions to include a term of imprisonment of not less than thirty days without possibility of suspension of sentence.

§707- Assault against a public transit worker in the second degree. (1) A person commits the offense of assault against a public transit worker in the second degree if the person recklessly causes bodily injury to a public transit worker who is engaged in the performance of duty.

(2) Assault of a public transit worker in the second degree is a misdemeanor. The court shall sentence the person who has been convicted of this offense to a definite term of imprisonment, pursuant to section 706-663, of not less than thirty days without possibility of probation or suspension of sentence."

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. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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