REPORT TITLE: 
Assault against officer


DESCRIPTION:
Creates class C felony offense of assault against police officer
while in the performance of duty. (SD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1379
THE SENATE                              S.B. NO.           S.D. 2
NINETEENTH LEGISLATURE, 1999                               
STATE OF HAWAII                                            
                                                             
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                     A BILL FOR AN ACT

RELATING TO CRIMINAL ASSAULTS AND RELATED OFFENSES.



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 bodily 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 the
 
14 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 to a police officer who is engaged
 
18           in the performance of duty; or
 
19      (b)  Negligently causes, with a dangerous instrument, bodily
 
20           injury to a police officer who is engaged in the
 

 
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                                     S.B. NO.           S.D. 2
                                                        
                                                        

 
 1           performance of duty.
 
 2      (2)  Assault [of] against a police officer in the second
 
 3 degree is a misdemeanor.  The court shall, at a minimum, sentence
 
 4 the person who has been convicted of this offense to imprisonment
 
 5 for no less than thirty days."
 
 6      SECTION 2.  Statutory material to be repealed is bracketed.
 
 7 New statutory material is underscored.
 
 8      SECTION 3.  This Act shall take effect upon its approval.