Bill Text: HI SB2491 | 2018 | Regular Session | Amended
Bill Title: Relating To Health Care Workers.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Engrossed - Dead) 2018-03-08 - Referred to LAB/HHS, JUD, referral sheet 35 [SB2491 Detail]
Download: Hawaii-2018-SB2491-Amended.html
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THE SENATE |
S.B. NO. |
2491 |
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TWENTY-NINTH LEGISLATURE, 2018 |
S.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO HEALTH CARE WORKERS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that extending protections for health care workers is in the best interest of the community and will assist in retaining needed health care professionals and provide needed protections for vulnerable employees. Further, including health care workers in the current statute relating to the offense of assault in the second degree ensures that only those individuals who are capable of forming an intent to cause substantial bodily injury to a health care worker are included. Notably, eight other states consider assault against any healthcare worker a felony.
The purpose of this Act is to increase protections for health care workers by increasing the criminal penalties for assaulting a health care worker who is engaged in the performance of duties.
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:
(a) The person intentionally, knowingly, or recklessly causes substantial bodily injury to another;
(b) The
person recklessly causes serious 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;
(f) The
person 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 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 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; [or]
(i) The person 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 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 health care professionals as
defined in section 451D-2, administrators, students, volunteers, and any other
workers who support the functions of the health care facility; or
(k) The person 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."
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 on July 1, 2035.
Report Title:
Health Care Worker; Intentionally Cause Bodily Injury; Felony Penalty
Description:
Makes intentionally or knowingly causing bodily injury to certain health care workers a class C felony. Effective 7/1/2035. (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
