Bill Text: HI SB7 | 2016 | Regular Session | Amended

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Bill Title: Process Server; Assault in the Second Degree; Criminal Trespass

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-12-17 - Carried over to 2016 Regular Session. [SB7 Detail]

Download: Hawaii-2016-SB7-Amended.html

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THE SENATE	S.B. NO.	7
TWENTY-EIGHTH LEGISLATURE, 2015		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO PROCESS SERVERS.

 

 

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

 

     SECTION 1.  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 or knowingly causes substantial bodily injury to another;

     (b)  The person recklessly causes serious or substantial 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[.]; or

     (j)  The person intentionally causes bodily injury to a process server who is engaged in the performance of duty, with the intent to obstruct the process server's performance of duty or with the intent to retaliate against the process server for performing service.  For the purpose of this paragraph, "process server" means any person authorized under the supreme court rules or section 353C-10 to serve process."

     SECTION 2.  Section 708-813, Hawaii Revised Statutes, is amended to read as follows:

     "§708-813  Criminal trespass in the first degree.  (1)  A person commits the offense of criminal trespass in the first degree if:

     (a)  That person knowingly enters or remains unlawfully:

         (i)  In a dwelling; or

        (ii)  In or upon the premises of a hotel or apartment building;

     (b)  That person:

         (i)  Knowingly enters or remains unlawfully in or upon premises that are fenced or enclosed in a manner designed to exclude intruders; and

        (ii)  Is in possession of a firearm, as defined in section 134-1, at the time of the intrusion; or

     (c)  That person enters or remains unlawfully in or upon the premises of any public school as defined in section 302A-101, or any private school, after reasonable warning or request to leave by school authorities or a police officer; provided however, [such] that a warning or request to leave shall be unnecessary between 10:00 p.m. and 5:00 a.m.

     (2)  Subsection (1) shall not apply to a process server who enters or remains in or upon the dwelling or premises of another, unless the dwelling or premises are secured with a fence and locked gate, for the purpose of making a good faith attempt to serve process upon any of the following:

     (a)  An owner or occupant of the dwelling or premises;

     (b)  An agent of the owner or occupant of the dwelling or premises; or

     (c)  A lessee of the dwelling or premises.

     (3)  As used in this section, "process server" means any person authorized under the supreme court rules or section 353C‑10 to serve process.

     [(2)] (4)  Criminal trespass in the first degree is a misdemeanor."

     SECTION 3.  Section 708-814, Hawaii Revised Statutes, is amended to read as follows:

     "§708-814  Criminal trespass in the second degree.  (1)  A person commits the offense of criminal trespass in the second degree if:

     (a)  The person knowingly enters or remains unlawfully in or upon premises that are enclosed in a manner designed to exclude intruders or are fenced;

     (b)  The person enters or remains unlawfully in or upon commercial premises after a reasonable warning or request to leave by the owner or lessee of the commercial premises, the owner's or lessee's authorized agent, or a police officer; provided that this paragraph shall not apply to any conduct or activity subject to regulation by the National Labor Relations Act.

              For the purposes of this paragraph, "reasonable warning or request" means a warning or request communicated in writing at any time within a one-year period inclusive of the date the incident occurred, which may contain but is not limited to the following information:

         (i)  A warning statement advising the person that the person's presence is no longer desired on the property for a period of one year from the date of the notice, that a violation of the warning will subject the person to arrest and prosecution for trespassing pursuant to section 708‑814(1)(b), and that criminal trespass in the second degree is a petty misdemeanor;

        (ii)  The legal name, any aliases, and a photograph, if practicable, or a physical description, including but not limited to sex, racial extraction, age, height, weight, hair color, eye color, or any other distinguishing characteristics of the person warned;

       (iii)  The name of the person giving the warning along with the date and time the warning was given; and

        (iv)  The signature of the person giving the warning, the signature of a witness or police officer who was present when the warning was given and, if possible, the signature of the violator;

     (c)  The person enters or remains unlawfully on agricultural lands without the permission of the owner of the land, the owner's agent, or the person in lawful possession of the land, and the agricultural lands:

         (i)  Are fenced, enclosed, or secured in a manner designed to exclude intruders;

        (ii)  Have a sign or signs displayed on the unenclosed cultivated or uncultivated agricultural land sufficient to give notice and reading as follows:  "Private Property".  The sign or signs, containing letters not less than two inches in height, shall be placed along the boundary line of the land and at roads and trails entering the land in a manner and position as to be clearly noticeable from outside the boundary line; or

       (iii)  At the time of entry, are fallow or have a visible presence of livestock or a crop:

              (A)  Under cultivation;

              (B)  In the process of being harvested; or

              (C)  That has been harvested;

     (d)  The person enters or remains unlawfully on unimproved or unused lands without the permission of the owner of the land, the owner's agent, or the person in lawful possession of the land, and the lands:

         (i)  Are fenced, enclosed, or secured in a manner designed to exclude the general public; or

        (ii)  Have a sign or signs displayed on the unenclosed, unimproved, or unused land sufficient to give reasonable notice and reads as follows:  "Private Property – No Trespassing", "Government Property – No Trespassing", or a substantially similar message; provided that the sign or signs shall contain letters not less than two inches in height and shall be placed at reasonable intervals along the boundary line of the land and at roads and trails entering the land in a manner and position as to be clearly noticeable from outside the boundary line.

              For the purposes of this paragraph, "unimproved or unused lands" means any land upon which there is no improvement; construction of any structure, building, or facility; or alteration of the land by grading, dredging, or mining that would cause a permanent change in the land or that would change the basic natural condition of the land.  Land remains "unimproved or unused land" under this paragraph notwithstanding minor improvements, including the installation or maintenance of utility poles, signage, and irrigation facilities or systems; minor alterations undertaken for the preservation or prudent management of the unimproved or unused land, including the installation or maintenance of fences, trails, or pathways; maintenance activities, including forest plantings and the removal of weeds, brush, rocks, boulders, or trees; and the removal or securing of rocks or boulders undertaken to reduce risk to downslope properties; or

     (e)  The person enters or remains unlawfully in or upon the premises of any public housing project or state low-income housing project, as defined in section 356D-1, 356D-51, or 356D-91, after a reasonable warning or request to leave by housing authorities or a police officer, based upon an alleged violation of law or administrative rule; provided that a warning or request to leave shall not be necessary between 10:00 p.m. and 5:00 a.m. at any public housing project or state low-income housing project that is closed to the public during those hours and has signs, containing letters not less than two inches in height, placed along the boundary of the project property, at all entrances to the property, in a manner and position to be clearly noticeable from outside the boundary of the project property and to give sufficient notice that the public housing project or state low-income housing project is closed to the public during those hours.

     (2)  Subsection (1) shall not apply to a process server who enters or remains in or upon the land or premises of another, unless the land or premises are secured with a fence and locked gate, for the purpose of making a good faith attempt to serve process upon any of the following:

     (a)  An owner or occupant of the land or premises;

     (b)  An agent of the owner or occupant of the land or premises; or

     (c)  A lessee of the land or premises.

     [(2)] (3)  As used in this section[, "housing]:

     "Housing authorities" means resident managers or managers, tenant monitors, security guards, or others officially designated by the Hawaii public housing authority.

     "Process server" means any person authorized under the supreme court rules or section 353C-10 to serve process.

     [(3)] (4)  Criminal trespass in the second degree is a petty misdemeanor."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

 

 

 

Report Title:

Process Server; Assault in the Second Degree; Criminal Trespass

 

Description:

Affords process servers additional protection as a protected class under the second degree assault statute when performing their duties.  Shields process servers from prosecution under criminal trespass statutes when performing their 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.