Report Title:

Domestic Violence; Penalties; Penal Code

 

Description:

Amends the offenses of assault in the second degree and terroristic threatening in the first degree to include conduct committed against victims who the courts and police are attempting to keep safe with protective orders.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

2128

TWENTY-FOURTH LEGISLATURE, 2008

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

RELATING TO THE PENAL CODE.

 

 

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

 


     SECTION 1.  Section 707-711, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(1)  A person commits the offense of assault in the second degree if:

    (a)   The person intentionally or knowingly causes substantial bodily injury to another;

    (b)   The person recklessly causes serious or substantial bodily injury to another;

    (c)   The person intentionally or knowingly causes bodily injury to a correctional worker, as defined in section 710-1031(2), who is engaged in the performance of duty or who is within a correctional facility;

    (d)   The person intentionally or knowingly causes bodily injury to another with a dangerous instrument;

    (e)   The person intentionally or knowingly causes bodily injury to an educational worker who is engaged in the performance of duty or who is within an educational facility.  For the purposes of this paragraph, "educational worker" means: any administrator, specialist, counselor, teacher, or employee of the department of education or an employee of a charter school; a person who is a volunteer, as defined in section 90-1, in a school program, activity, or function that is established, sanctioned, or approved by the department of education; or a person hired by the department of education on a contractual basis and engaged in carrying out an educational function; [or]

    (f)   The person intentionally or knowingly causes bodily injury to any emergency medical services personnel who is engaged in the performance of duty.  For the purposes of this paragraph, "emergency medical services personnel" shall have the same meaning as in section 321-222[.]; or

    (g)   The person intentionally or knowingly causes bodily injury to:

         (i)  An individual who the person has been, by order of any court, including an ex parte order, restrained from contacting, threatening, or physically abusing pursuant to chapter 586; or

        (ii)  An individual who is being protected by a police officer who has ordered the person to leave the premises of that protected individual pursuant to 709-906(4), during the effective period of that order."

     SECTION 2.  Section 707-716, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(1)  A person commits the offense of terroristic threatening in the first degree if the person commits terroristic threatening:

    (a)   By threatening another person on more than one occasion for the same or a similar purpose;

    (b)   By threats made in a common scheme against different persons;

    (c)   Against a public servant arising out of the performance of the public servant's official duties.  For the purposes of this paragraph, "public servant" includes but is not limited to an educational worker.  "Educational worker" has the same meaning as defined in section 707-711;

    (d)   Against any emergency medical services personnel who is engaged in the performance of duty.  For purposes of this paragraph, "emergency medical services personnel" shall have the same meaning as in section 321-222; [or]

    (e)   With the use of a dangerous instrument[.]; or

    (f)   By threatening:

         (i)  An individual who the person has been, by order of any court, including an ex parte order, restrained from contacting, threatening, or physically abusing pursuant to chapter 586; or

        (ii)  An individual who is being protected by a police officer who has ordered the person to leave the premises of that protected individual pursuant to section 709-906(4), during the effective period of that order."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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