THE SENATE

S.B. NO.

186

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO RESISTING AN ORDER TO STOP A VEHICLE.

 

 

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

 


     SECTION 1.  The legislature finds that existing law in the penal code does not adequately address situations in which an offender, while fleeing in a vehicle from a law enforcement officer, places another person in danger of being injured or damages property.  The offender may be arrested for the offense of attempted murder, assault in the second degree, or terroristic threatening in the first degree.  However, the alleged conduct does not fulfill the elements of those offenses, which causes the charges to be changed or dropped.  The offender's intent is not to commit murder, assault, or terroristic threatening or to damage the property of another.  Rather, the offender is trying to elude apprehension while fleeing in a vehicle.

     The legislature further finds that police officers frequently attempt to make vehicular traffic stops, which causes the offender to speed away.  In the process of fleeing in a vehicle, an innocent bystander may be placed in danger of being injured or property may be damaged.  Over the past several years, such dangerous encounters have become common place.  This is a very dangerous situation for the law enforcement officer, the offender, and other people in the area, because an offender can easily lose control of the vehicle being operated at a high speed and injure or kill someone.

     The legislature further finds that creating a new felony offense of resisting an order to stop a motor vehicle provides the prosecution with an additional offense to charge an offender fleeing a stop in a motor vehicle.  In addition, the safety of police officers and bystanders would be enhanced.

     The purpose of this Act is to:

     (1)  Establish the offense of resisting an order to stop a motor vehicle in the first degree as a class C felony; and

     (2)  Reclassify the existing offense of resisting an order to stop a motor vehicle, a misdemeanor, to resisting an order to stop a motor vehicle in the second degree.

     SECTION 2.  Chapter 710, Hawaii Revised Statutes, is amended by adding a new section to part III to be appropriately designated and to read as follows:

     "§710-    Resisting an order to stop a motor vehicle in the first degree(1)  A person commits the offense of resisting an order to stop a motor vehicle in the first degree if the person intentionally fails to obey a direction of a law enforcement officer, acting under color of the law enforcement officer's official authority, to stop the person's vehicle and in the process of doing so, the person negligently:

     (a)  Places another person in danger of death or bodily injury;

     (b)  Causes bodily injury to another person; or

     (c)  Damages the property of another person.

     (2)  Resisting an order to stop a motor vehicle in the first degree is a class C felony."

     SECTION 3.  Section 710-1027, Hawaii Revised Statutes, is amended to read as follows:

     "§710-1027  Resisting an order to stop a motor vehicle[.] in the second degree.  (1)  A person commits the offense of resisting an order to stop a motor vehicle in the second degree if the person intentionally fails to obey a direction of a law enforcement officer, acting under color of the law enforcement officer's official authority, to stop the person's vehicle.

     (2)  Resisting an order to stop a motor vehicle in the second degree is a misdemeanor."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Penal Code; Resisting an Order to Stop a Motor Vehicle

 

Description:

Creates the offense of resisting an order to stop a motor vehicle in the first degree as a class C felony.  Reclassifies the current offense of resisting an order to stop a motor vehicle to resisting an order to stop a motor vehicle in the second degree, a misdemeanor.

 

 

 

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