STAND. COM. REP. NO. 171

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 78

 

 

 

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

 

Madam:

 

     Your Committee on Public Safety, Intergovernmental and Military Affairs, to which was referred S.B. No. 78 entitled:

 

"A BILL FOR AN ACT RELATING TO RESISTING ARREST,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to create the offense of resisting arrest in the first degree as a class C felony if a 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.

 

     Your Committee received testimony in support of this measure from the Criminal Investigation Unit of the Honolulu Police Department, City and County of Honolulu; County of Hawaii Police Department; and Hawaii Rifle Association.

 

     Your Committee finds that this measure addresses situations in which law enforcement officers engage in a physical struggle with an individual and the individual attempts to remove the officer's firearm.  Anyone who would knowingly attempt to disarm a law enforcement officer who is acting under the color of official authority has displayed malicious conduct and poses an immediate threat not only to the officer, but also to other persons in the area.  This measure discourages individuals from resisting the actions of law enforcement officers while the officers are making an arrest.

 

     As affirmed by the record of votes of the members of your Committee on Public Safety, Intergovernmental and Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 78 and recommends that it pass Second Reading and be referred to the Committee on Judiciary and Labor.

 

Respectfully submitted on behalf of the members of the Committee on Public Safety, Intergovernmental and Military Affairs,

 

 

 

____________________________

WILL ESPERO, Chair