Bill Text: HI HB1589 | 2022 | Regular Session | Introduced

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Bill Title: Relating To Retail Establishments.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2022-01-26 - Referred to PDP, JHA, referral sheet 1 [HB1589 Detail]

Download: Hawaii-2022-HB1589-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	1589
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO RETAIL ESTABLISHMENTS.

 

 

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

 

     SECTION 1.  The legislature finds that retail establishments in the State have been forced to bear the burden of enforcing state and county requirements intended to slow the spread of the SARS-CoV-2 virus responsible for the coronavirus disease 2019 (COVID-19) pandemic.  The legislature recognizes that measures that promote public health and community safety include wearing face coverings and maintaining six feet or more of physical distance from other persons when in public.  However, in the absence of robust enforcement of these measures by law enforcement officers, retail establishments have had little choice but to assume an enforcement role for the immediate protection of their employees and customers.

     The legislature further finds that across the United States, retail workers have sometimes been subjected to verbal abuse, belligerence, and threats of physical violence when requesting that customers observe COVID-19-related health or safety rules.  In some cases, retail workers have been seriously injured, shot at, or even killed as a result of attempting to enforce these rules.  The legislature believes that retail workers face a heightened risk of physical injury when enforcing governmental health and safety measures relating to COVID-19 and thus should be afforded additional protection under the law.

     Accordingly, the purpose of this Act is to amend the offense of assault in the second degree to specify that intentionally or knowingly causing bodily injury to any owner, employee, or agent of a retail mercantile establishment who is engaged in enforcing a governmental health or safety requirement relating to the COVID-19 pandemic is a class C felony.

     SECTION 2.  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 the person:

     (a)  Intentionally, knowingly, or recklessly causes substantial bodily injury to another;

     (b)  Recklessly causes serious bodily injury to another;

     (c)  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)  Intentionally or knowingly causes bodily injury to another with a dangerous instrument;

     (e)  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;

     (f)  Intentionally or knowingly causes bodily injury to any emergency medical services provider who is engaged in the performance of duty.  For the purposes of this paragraph, "emergency medical services provider" means emergency medical services personnel, as defined in section 321-222, and physicians, physician's assistants, nurses, nurse practitioners, certified registered nurse anesthetists, respiratory therapists, laboratory technicians, radiology technicians, and social workers, providing services in the emergency room of a hospital;

     (g)  Intentionally or knowingly causes bodily injury to a person employed at a state-operated or -contracted mental health facility.  For the purposes of this paragraph, "a person employed at a state-operated or -contracted mental health facility" includes health care professionals as defined in section 451D-2, administrators, orderlies, security personnel, volunteers, and any other person who is engaged in the performance of a duty at a state-operated or -contracted mental health facility;

     (h)  Intentionally or knowingly causes bodily injury to a person who:

          (i)  The defendant has been restrained from, by order of any court, including an ex parte order, contacting, threatening, or physically abusing pursuant to chapter 586; or

         (ii)  Is being protected by a police officer ordering the defendant to leave the premises of that protected person pursuant to section 709-906(4), during the effective period of that order;

     (i)  Intentionally or knowingly causes bodily injury to any firefighter or water safety officer who is engaged in the performance of duty.  For the purposes of this paragraph, "firefighter" has the same meaning as in section 710-1012 and "water safety officer" means any public servant employed by the United States, the State, or any county as a lifeguard or person authorized to conduct water rescue or ocean safety functions;

     (j)  Intentionally or knowingly causes bodily injury to a person who is engaged in the performance of duty at a health care facility as defined in section 323D-2.  For purposes of this paragraph, "a person who is engaged in the performance of duty at a health care facility" includes health care professionals as defined in section 451D-2, physician assistants, surgical assistants, advanced practice registered nurses, nurse aides, respiratory therapists, laboratory technicians, and radiology technicians;

     (k)  Intentionally or knowingly causes bodily injury to a person who is engaged in providing home health care services, as defined in section 431:10H-201;

     (l)  Intentionally or knowingly causes bodily injury to a person, employed or contracted to work by a mutual benefit society, as defined in section 432:1-104, to provide case management services to an individual in a hospital, health care provider's office, or home, while that person is engaged in the performance of those services; [or]

     (m)  Intentionally or knowingly causes bodily injury to a person who is sixty years of age or older and the age of the injured person is known or reasonably should be known to the person causing the injury[.]; or

     (n)  Intentionally or knowingly causes bodily injury to any owner, employee, or agent of a retail mercantile establishment who is engaged in enforcing, on behalf of the retail mercantile establishment, a governmental health or safety requirement relating to the coronavirus disease 2019 pandemic.  For the purposes of this paragraph, "retail mercantile establishment" has the same meaning as in section 663‑2(b).  It shall be prima facie evidence that a person believes or is aware that the other person is an owner, employee, or agent of the retail mercantile establishment if, at the time of enforcing the health or safety requirement, the other person:

          (i)  Identifies the person's self as an owner, employee, or agent of the retail mercantile establishment;

         (ii)  Is wearing a name tag or clothing that identifies the person as being associated with the retail mercantile establishment; or

        (iii)  Is engaged in a task commonly performed by an owner, employee, or agent of a retail mercantile establishment, including greeting customers, assisting customers, operating a cash register, or restocking merchandise."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Retail Mercantile Establishments; Health and Safety; Enforcement of COVID-19 Requirements; Penalties

 

Description:

Provides that intentionally or knowingly causing bodily injury to any owner, employee, or agent of a retail mercantile establishment who is engaged in enforcing a governmental health or safety requirement relating to the coronavirus disease 2019 pandemic is a class C felony.

 

 

 

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