Bill Text: HI HB490 | 2021 | Regular Session | Amended
Bill Title: Relating To Crimes Against Seniors.
Spectrum: Partisan Bill (Democrat 21-1)
Status: (Passed) 2021-07-02 - Act 147, on 07/01/2021 (Gov. Msg. No. 1249). [HB490 Detail]
Download: Hawaii-2021-HB490-Amended.html
HOUSE OF REPRESENTATIVES |
H.B. NO. |
490 |
THIRTY-FIRST LEGISLATURE, 2021 |
H.D. 2 |
|
STATE OF HAWAII |
S.D. 1 |
|
|
|
|
|
||
|
A BILL FOR AN ACT
RELATING TO CRIMES AGAINST SENIORS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 707-710, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
"(1) A person commits
the offense of assault in the first degree if the person intentionally or
knowingly causes [serious]:
(a) Serious
bodily injury to another person[.]; or
(b) Substantial 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."
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) [The person
intentionally,] Intentionally, knowingly, or recklessly causes
substantial bodily injury to another;
(b) [The
person recklessly] Recklessly causes serious bodily injury to another;
(c) [The
person intentionally] 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] Intentionally or knowingly causes bodily
injury to another with a dangerous instrument;
(e) [The
person intentionally] 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) [The
person intentionally] 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) [The
person intentionally] 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) [The person
intentionally] 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) [The person intentionally] 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) [The person intentionally] 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"
[shall include] 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) [The person intentionally] 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; [or]
(l) [The person
intentionally] 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."
SECTION 3. Section 708-812.55, Hawaii Revised Statutes, is amended by amending its title and subsection (1) to read as follows:
"[[]§708-812.55[]]
Unauthorized entry in a dwelling in the first degree. (1) A
person commits the offense of unauthorized entry in a dwelling in the first
degree if the person intentionally or knowingly enters unlawfully into a
dwelling and another person was, at the time of the entry, lawfully present in
the dwelling who:
(a) Was [sixty-two]
sixty years of age or older[;] and the age of the person lawfully
present in the dwelling was known or reasonably should have been known to the person
who unlawfully entered;
(b) Was an incapacitated person; or
(c) Had a developmental disability."
SECTION 4. Section 708-830.5, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
"(1) A person commits the offense of theft in the
first degree if the person commits theft[:] of:
(a) [Of property] Property or
services, the value of which exceeds $20,000;
(b) [Of a] A
firearm;
(c) [Of dynamite]
Dynamite or other explosive; [or]
(d) [Of property]
Property or services during an emergency period proclaimed by the
governor or mayor pursuant to chapter 127A, within the area covered by the
emergency or disaster under chapter 127A, the value of which exceeds $300[.];
(e) Property
from the person of another who is sixty years of age or older and the age of the
property owner is known or reasonably should be known to the person who commits
theft; or
(f) Property or services, the value of which exceeds $750, from a person who is sixty years of age or older and the age of the property owner is known or reasonably should be known to the person who commits theft."
SECTION 5. Section 708-831, Hawaii Revised Statutes, is amended to read as follows:
"§708-831 Theft in the second degree. (1) A
person commits the offense of theft in the second degree if the person commits
theft[:] of:
(a) [Of property]
Property from the person of another;
(b) [Of property]
Property or services the value of which exceeds $750;
(c) [Of an] An
aquacultural product or part thereof from premises that are fenced or enclosed
in a manner designed to exclude intruders or there is prominently displayed on
the premises a sign or signs sufficient to give notice and reading as
follows: "Private Property",
"No Trespassing", or a substantially similar message;
(d) [Of
agricultural] Agricultural equipment, supplies, or products, or part
thereof, the value of which exceeds $100 but does not exceed $20,000, or of
agricultural products that exceed twenty-five pounds, from premises that are
fenced, enclosed, or secured in a manner designed to exclude intruders or where
there is prominently displayed on the premises a sign or signs sufficient to
give notice and reading as follows:
"Private Property", "No Trespassing", or a
substantially similar message; or if at the point of entry of the premise, a
crop is visible. The sign or signs,
containing letters [not] no less than two inches in height, shall
be placed along the boundary line of the land in a manner and in such a
position as to be clearly noticeable from outside the boundary line. Possession of agricultural products without
ownership and movement certificates, when a certificate is required pursuant to
chapter 145, is prima facie evidence that the products are or have been
stolen; [or]
(e) [Of
agricultural] Agricultural commodities that are generally known to
be marketed for commercial purposes.
Possession of agricultural commodities without ownership and movement
certificates, when a certificate is required pursuant to section 145-22, is
prima facie evidence that the products are or have been stolen; provided that ["agriculture]
"agricultural commodities" has the same meaning as in section
145-21[.]; or
(f) Property or services, the value of which exceeds $250, from a person who is sixty years of age or older and the age of the property owner is known or reasonably should be known to the person who commits theft.
(2)
Theft in the second degree is a class C felony. A person convicted of committing the offense
of theft in the second degree under [[]subsection (1)[]](c) and
(d) shall be sentenced in accordance with chapter 706, except that for the
first offense, the court may impose a minimum sentence of a fine of at least
$1,000 or two-fold damages sustained by the victim, whichever is greater."
SECTION 6. Section 708-851, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
"(1) A person commits the offense of forgery in the first degree if, with intent to defraud, the person falsely makes, completes, endorses, or alters a written instrument, or utters a forged instrument, or fraudulently encodes the magnetic ink character recognition numbers, which is or purports to be, or which is calculated to become or to represent if completed:
(a) Part of an issue
of stamps, securities, or other valuable instruments issued by a government or
governmental agency; [or]
(b) Part of an issue
of stock, bonds, or other instruments representing interests in or claims
against a corporate or other organization or its property[.]; or
(c) All or part of a
deed, will, codicil, contract, assignment, commercial instrument, or other instrument
which does or may evidence, create, transfer, terminate, or otherwise affect a legal
right, interest, obligation, or status and:
(i) The
purported maker or drawer of the written instrument or forged instrument is a person
who is sixty years of age or older; and
(ii) The
age of the purported maker or drawer of the written instrument or forged instrument
is known or reasonably should be known to the person who falsely makes, completes,
endorses, or alters the instrument; utters the forged instrument; or fraudulently
encodes the magnetic ink character recognition numbers of the instrument."
SECTION 7. Section 708-852, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
"(1) A person commits the offense of forgery in
the second degree if, with intent to defraud, the person [falsely]:
(a) Falsely
makes, completes, endorses, or alters a written instrument, or utters a forged
instrument, or fraudulently encodes the magnetic ink character recognition
numbers, which is or purports to be, or which is calculated to become or to
represent if completed, a deed, will, codicil, contract, assignment, commercial
instrument, or other instrument which does or may evidence, create, transfer,
terminate, or otherwise affect a legal right, interest, obligation, or status[.];
or
(b) Falsely makes, completes,
endorses, or alters a written instrument, or utters a forged instrument; and:
(i) The
purported maker or drawer of the written instrument or forged instrument is a person
who is sixty years of age or older; and
(ii) The age of purported maker or drawer of the written instrument or forged instrument is known or reasonably should be known to the person who falsely makes, completes, endorses, or alters a written instrument; or utters a forged instrument."
SECTION 8. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 10. This Act shall take effect upon its approval.
Report Title:
Kupuna Caucus; Offenses Against Seniors; Penal Code; Enhanced Penalties
Description:
Lowers the age at which enhanced penalties apply for crimes against seniors from sixty-two years of age to sixty years of age. Makes commission of certain criminal offenses against a senior's person or property applicable if the perpetrator knows or reasonably should know the senior victim's age. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.