REPORT TITLE:
Athletic Contest Officials


DESCRIPTION:
Adds to the offense of assault in the 2nd degree, injuring
athletic contest officials.  Provides exception to civil
liability for athletic contest officials.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           21
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO ATHLETIC CONTEST OFFICIALS. 


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

 1      SECTION 1.  The legislature finds that sports officials are
 
 2 placed in a situation where there is an increase in the
 
 3 possibility of being criminally assaulted or exposed to civil
 
 4 suits stemming from their officiating in sporting events.  The
 
 5 protection of sports officials is important to this community due
 
 6 to the amount of year-round sporting activities in this State
 
 7 which require officiating.  Without special protection, competent
 
 8 and qualified individuals may become reluctant to officiate at
 
 9 sporting events, thereby depriving the people of this State many
 
10 opportunities to enjoy or participate in a wide variety of
 
11 sporting events.
 
12      Approximately sixty per cent of the states have already
 
13 enacted, or have pending before their legislatures, proposals to
 
14 elevate the penalties for criminal assaults upon sports
 
15 officials, some version of a limitation or exception to civil
 
16 liability for sports officials who are sued as a result of their
 
17 activities as officials, or both.
 
18      The purpose of this Act is to accomplish both these goals.
 
19      SECTION 2.  Chapter 663, Hawaii Revised Statutes, is amended
 
20 by adding a new section to be appropriately designated and to 
 

 
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                                     S.B. NO.           
                                                        
                                                        

 
 1 read as follows:
 
 2      "663-    Exception to liability for athletic contest
 
 3 officials.  Notwithstanding any other provision of law to the
 
 4 contrary, no athletic contest official who is officiating an
 
 5 interscholastic, intercollegiate, or any other organized amateur
 
 6 or professional athletic contest shall be held personally liable
 
 7 in any civil action for damages to a player, participant, or
 
 8 spectator as a result of any acts or omissions arising out of the
 
 9 official's officiating duties and activities.  Nothing in this
 
10 section shall be deemed to grant immunity to any athletic contest
 
11 official causing damage by the official's malicious, wilful,
 
12 wanton, or grossly negligent act.  For purposes of this section,
 
13 "athletic contest official" means an independent contractor who
 
14 serves as a referee, umpire, linesperson, timekeeper, coach, or
 
15 any person who serves in a similar capacity but may be known by
 
16 other titles and is duly registered as a member of a local,
 
17 state, regional, or national organization which is engaged in
 
18 part in providing education and training to "athletic contest
 
19 officials"."
 
20      SECTION 3.  Section 707-711, Hawaii Revised Statutes, is
 
21 amended by amending subsection (1) to read as follows:
 
22      "(1)  A person commits the offense of assault in the second
 
23 degree if:
 

 
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                                     S.B. NO.           
                                                        
                                                        

 
 1      (a)  The person intentionally or knowingly causes
 
 2           substantial bodily injury to another;
 
 3      (b)  The person recklessly causes serious bodily injury to
 
 4           another person;
 
 5      (c)  The person intentionally or knowingly causes bodily
 
 6           injury to a correctional worker, as defined in section
 
 7           710-1031(2), who is engaged in the performance of duty
 
 8           or who is within a correctional facility;
 
 9      (d)  The person intentionally or knowingly causes bodily
 
10           injury to another person with a dangerous instrument;
 
11           [or]
 
12      (e)  The person intentionally or knowingly causes bodily
 
13           injury to an educational worker who is engaged in the
 
14           performance of duty or who is within an educational
 
15           facility.  For the purposes of this section,
 
16           "educational worker" means any administrator,
 
17           specialist, counselor, teacher, or employee of the
 
18           department of education, or a person who is a volunteer
 
19           in a school program, activity, or function that is
 
20           established, sanctioned, or approved by the department
 
21           of education or a person hired by the department of
 
22           education on a contractual basis and engaged in
 
23           carrying out an educational function[.]; or
 

 
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 1      (f)  The person intentionally or knowingly causes bodily
 
 2           injury to an athletic contest official immediately
 
 3           prior to, during, or immediately following an
 
 4           interscholastic, intercollegiate, or any other
 
 5           organized amateur or professional athletic contest in
 
 6           which the official is participating.  For the purposes
 
 7           of this section, "athletic contest official" means an
 
 8           independent contractor who serves as a referee, umpire,
 
 9           linesperson, timekeeper, coach, or any person who
 
10           serves in a similar capacity but may be known by other
 
11           titles and is duly registered as a member of a local,
 
12           state, regional, or national organization which is
 
13           engaged in part in providing education and training to
 
14           athletic contest officials."
 
15      SECTION 4.  This Act shall not apply to any proceeding filed
 
16 before its effective date, but shall apply to any proceeding
 
17 filed after its effective date regardless of when the cause of
 
18 action arose.
 
19      SECTION 5.  Statutory material to be repealed is bracketed.
 
20 New statutory material is underscored.
 
21      SECTION 6.  This Act shall take effect upon its approval.
 
22 
 
23                           INTRODUCED BY:  _______________________