Bill Text: HI HB264 | 2023 | Regular Session | Amended
Bill Title: Relating To Crimes Against Sports Officials.
Spectrum: Partisan Bill (Democrat 18-0)
Status: (Passed) 2023-06-30 - Act 140, 06/29/2023 (Gov. Msg. No. 1243). [HB264 Detail]
Download: Hawaii-2023-HB264-Amended.html
HOUSE OF REPRESENTATIVES |
H.B. NO. |
264 |
THIRTY-SECOND LEGISLATURE, 2023 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO CRIMES AGAINST SPORTS OFFICIALS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 706-605.6, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
"(1) If a person is convicted of the offense of:
(a) Assault in the first degree, as provided by section 707-710;
(b) Assault in the second degree, as provided by
section [707-711(a),] 707-711(1)(a), (b), [or (d);] (d),
or (n);
(c) Assault in the third degree, as provided by section 707-712;
(d) Terroristic threatening in the first degree, as provided by section 707-716(a), (e), or (f); or
(e) Terroristic threatening in the second degree, as provided by section 707-717; and
the victim of the offense is a sports official engaged in the lawful discharge of the sports official's duties, the court may order, in the court's discretion, that the defendant, in addition to any other punishment imposed pursuant to chapter 706, be enjoined from attending any sports event of the type at which the sports official was engaged in the lawful discharge of the sports official's duties for a period of up to twelve months from the date of sentencing for a first offense, and for life for a second or subsequent offense."
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 a sports official who is engaged in the lawful discharge of the sports official's duties. For the purposes of this paragraph, "sports official" and "lawful discharge of the sports official's duties" have the same meaning as in section 706-605.6."
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.
Report Title:
Sports Official; Intentionally or Knowingly Causing Bodily Injury; Felony Assault in the Second Degree
Description:
Makes intentionally or knowingly causing bodily injury to a sports official a class C felony. Authorizes a court to enjoin the offender from attending any sports event of the type at which the sports official was engaged in the lawful discharge of the sports official's duties. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.