REPORT TITLE: 
Assault Against Officer


DESCRIPTION:
Creates class C felony offense of assault against police officer
in the 1st degree.  Amends the present misdemeanor offense of
assault against police officer to make it an offense in the 2nd
degree.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.1263       
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                     A BILL FOR AN ACT

RELATING TO POLICE PROTECTION.



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 police officer in the first
 
 5 degree.  (1)  A person commits the offense of assault against a
 
 6 police officer in the first degree, if the person intentionally
 
 7 or knowingly causes physical injury to a police officer who is
 
 8 engaged in the performance of duty.
 
 9      (2)  Assault against a police officer in the first degree is
 
10 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[.] in
 
14 the second degree.  (1)  A person commits the offense of assault
 
15 against a police officer in the second degree, if the person:
 
16      (a)  [Intentionally, knowingly, or recklessly] Recklessly
 
17           causes [bodily injury] physical pain to a police
 
18           officer who is engaged in the performance of duty; or
 
19      (b)  Negligently causes, with a dangerous instrument,
 

 
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                                     H.B. NO.1263       
                                                        
                                                        

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  Statutory material to be repealed is bracketed.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