Bill Text: HI HB1447 | 2016 | Regular Session | Introduced
Bill Title: Law Enforcement; Police Evasion
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2015-12-17 - Carried over to 2016 Regular Session. [HB1447 Detail]
Download: Hawaii-2016-HB1447-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1447 |
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TWENTY-EIGHTH LEGISLATURE, 2015 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to police evasion.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Hawaii's existing penal code does not adequately address situations of police evasion. In the interest of general welfare and safety for citizens and law enforcement, penalties for police evasion in the State require enhanced stringency and broader scope. Fleeing or attempting to elude a police officer in any form should be included in the penal code as an offense and the penalty for doing so should be elevated to a felony, where appropriate. Statutes to this effect can be found in numerous other states, including California, Washington, Illinois, and Virginia. The legislature intends these provisions to serve as deterrents to potentially dangerous and aggressive behavior, creating a safer environment for our communities.
The purpose of this Act is to establish the offenses of police evasion in the first and second degrees, separate the existing offense of resisting an order to stop a motor vehicle into first and second degree offenses, and increase the current penalty for resisting arrest.
SECTION 2. Chapter 710, Hawaii Revised Statutes, is amended by adding three new sections to be appropriately designated and to read as follows:
"§710- Evading law enforcement in the first degree. (1) A person commits the offense of evading law enforcement in the first degree if the person intentionally flees from or otherwise attempts to elude a law enforcement officer, acting under color of the law enforcement officer's official authority, by foot, bicycle, moped, or any means other than that detailed in section 710-1027, in such a way that endangers the safety of persons or property or causes harm to persons or property.
(2) Evading law enforcement in the first degree is a class C felony.
§710- Evading law enforcement in the second degree. (1) A person commits the offense of evading law enforcement in the second degree if the person intentionally flees from or otherwise attempts to elude a law enforcement officer, acting under color of the law enforcement officer's official authority, by foot, bicycle, moped, or any means other than that detailed in section 710-1027.
(2) Evading law enforcement in the second degree is a misdemeanor.
§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 does so in such a way that endangers the safety of persons or property or causes harm to persons or property.
(2) Resisting an order to stop a motor vehicle in the first degree is a class C felony."
SECTION 3. Section 710-1026, Hawaii Revised Statutes, is amended to read as follows:
"§710-1026 Resisting arrest. (1) A person commits the offense of resisting arrest if the person intentionally prevents a law enforcement officer, acting under color of the law enforcement officer's official authority, from effecting an arrest by:
(a) Using or threatening to use physical force against the law enforcement officer or another; or
(b) Using any other means creating a substantial risk of causing bodily injury to the law enforcement officer or another.
(2) Resisting arrest is a [misdemeanor.]
class C felony."
SECTION 4. 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 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 7. This Act shall take effect on July 1, 2015.
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INTRODUCED BY: |
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Report Title:
Law Enforcement; Police Evasion
Description:
Establishes the offenses of evading law enforcement in the first and second degrees. Increases the penalty for resisting arrest. Separates the offense of resisting an order to stop a motor vehicle into first and second degree offenses.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
