HB 1592: Penal Code; Assault; Educational Workers; Sports Officials

A BILL FOR AN ACT

RELATING TO ASSAULT.

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

     SECTION 1.  This Act shall be known as "Natalie's Law", in honor of Natalie Iwamoto, whose dedication to supporting youth athletics and school communities reflects the vital role that educational workers and sports officials play in protecting and serving Hawaii's young people.

     SECTION 2.  The legislature finds that educational workers and sports officials perform essential public and youth-serving functions that support student safety, youth development, and community well-being.  These individuals increasingly face threats, harassment, and physical violence while performing their duties, both on and off school grounds and at school-sponsored and privately organized youth and amateur athletic events.

     The legislature further finds that such conduct undermines public safety, discourages participation in education and youth athletics, and contributes to growing shortages of qualified educational workers and sports officials across the State.

     The purpose of this Act is to strengthen protections for educational workers and sports officials by elevating criminal penalties for assaults committed against such persons, while preserving appropriate judicial discretion at sentencing.

     SECTION 3.  Chapter 707, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§707-     Aggravated assault against an educational worker or sports official.  (1)  A person commits the offense of aggravated assault against an educational worker or sports official if the person:

     (a)  Commits an offense under section 707-710(1)(a) or 707-711(1)(a), (b), or (d) and the victim of the offense is an educational worker or sports official who is:

          (i)  Engaged in the performance of official duties; or

         (ii)  Acting in direct connection with a school-sponsored activity or sports event; or

     (b)  Is a habitual assault offender against educational workers or sports officials and commits an offense under section 707-711(1)(e) or (n).

     (2)  For purposes of subsection (1)(a), the offense shall be subject to this section regardless of whether the conduct occurs on or off school grounds or at a privately operated venue, so long as the conduct arises from or is directly related to circumstances described in subsection (1)(a).

     (3)  Any person who would otherwise be subject to sentencing for a criminal offense under subsection (1) shall be guilty of an offense one class or grade higher than the classification of the underlying offense provided by law.

     (4)  Except as otherwise provided in subsection (5), a person convicted under this section shall be sentenced to a presumptive minimum term of imprisonment of no less than thirty days.

     (5)  The court may impose a lesser sentence or suspend the presumptive minimum term only if the court finds, on the record, that substantial and compelling reasons justify a departure, including but not limited to:

     (a)  The nature and seriousness of the injury;

     (b)  The defendant's criminal history, including the absence of prior violent offenses;

     (c)  The circumstances of the offense; or

     (d)  The interests of justice.

Any departure from the presumptive minimum sentence shall be stated with specificity in the record.

     (6)  For the purposes of this section:

     "Habitual assault offender against educational workers or sports officials" means that the person, at the time of the conduct for which the person is charged, had two or more convictions under this section or section 707-711(1)(e) or (n).

     "School-sponsored activity" means any event, contest, practice, or activity conducted on school grounds or under the authority or supervision of a school."

     SECTION 4.  Section 706-605.6, Hawaii Revised Statutes, is amended to read as follows:

     "§706-605.6  Assault against a sports official.  (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(1)(a), (b), (d), or (n);

     (c)  Assault in the third degree, as provided by section 707-712;

     (d)  Aggravated assault against an educational worker or sports official, as provided by section 707-   ;

    [(d)] (e)  Terroristic threatening in the first degree, as provided by section 707-716(a), (e), or (f); or

    [(e)] (f)  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.

     (2)  For the purposes of this section:

     "Lawful discharge of the sports official's duty" means the performance of duties of a sports official from the time the sports official arrives at the venue of a sports event and ending when the sports official returns to their residence or business.

     "Sports event" means any organized [amateur or professional] athletic contest, scrimmage, practice, or exhibition conducted in the State[.] involving participants under eighteen years of age, amateur participants, or professional participants, including events conducted by private leagues or organizations.

     "Sports official" means a person at a sports event who [enforces] is authorized to officiate, supervise, or enforce the rules of the event, [such as an] including any umpire, referee, judge, timer, or scorer, or a person who supervises the participants, [such as a] including any coach, regardless of whether the person is [paid] compensated or [provides their services as] an unpaid volunteer[.], and regardless of whether the event is affiliated with a school, league, athletic association, or private organization."

     SECTION 5.  Section 707-700, Hawaii Revised Statutes, is amended by adding four new definitions to be appropriately inserted and to read as follows:

     ""Educational worker" means any of the following individuals acting within the scope of their official duties:

     (1)  Any administrator, principal, vice principal, athletic director, assistant athletic director, teacher, coach, specialist, counselor, classified employee, or other employee or authorized agent of the department of education, a charter school, or a private elementary or secondary school;

     (2)  Any 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

     (3)  Any person hired by the department of education on a contractual basis and engaged in carrying out an educational function.

     "Lawful discharge of the sports official's duty" means the performance of duties of a sports official from the time the sports official arrives at the venue of a sports event and ending when the sports official returns to their residence or business.

     "Sports event" means any organized athletic contest, scrimmage, practice, or exhibition conducted in the State involving participants under eighteen years of age, amateur participants, or professional participants, including events conducted by private leagues or organizations.

     "Sports official" means a person at a sports event who is authorized to officiate, supervise, or enforce the rules of the event, including any umpire, referee, judge, timer, or scorer, or a person who supervises the participants, including any coach, regardless of whether the person is compensated or an unpaid volunteer, and regardless of whether the event is affiliated with a school, league, athletic association, or private organization."

     SECTION 6.  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;

     (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;

     (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];

     (o)  Intentionally or knowingly causes bodily injury to a national guard member who is engaged in the performance of duty.  For purposes of this paragraph, "national guard member" means a member of the national guard on any duty or service done under or in pursuance of an order or call of the governor or the President of the United States or any proper authority as provided by law; or

    [[](p)[]]  Intentionally or knowingly causes bodily injury to any protective services worker who is engaged in the performance of the worker's duties.  For purposes of this paragraph, "protective services worker" means any administrator, specialist, social worker, case manager, or aide employed by the department of human services to investigate or provide services in response to reports of child abuse or neglect, or to investigate or provide services in response to reports of abuse or neglect of a vulnerable adult."

     SECTION 7.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 8.  If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 9.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 10.  This Act shall take effect on July 1, 3000.

Report Title:

Penal Code; Assault; Educational Workers; Sports Officials

Description:

Elevates criminal penalties for assaults committed against educational workers and sports officials, while preserving appropriate judicial discretion at sentencing.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO ASSAULT.

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

     SECTION 1.  This Act shall be known as "Natalie's Law", in honor of Natalie Iwamoto, whose dedication to supporting youth athletics and school communities reflects the vital role that educational workers and sports officials play in protecting and serving Hawaii's young people.

     SECTION 2.  The legislature finds that educational workers and sports officials perform essential public and youth-serving functions that support student safety, youth development, and community well-being.  These individuals increasingly face threats, harassment, and physical violence while performing their duties, both on and off school grounds and at school-sponsored and privately organized youth and amateur athletic events.

     The legislature further finds that such conduct undermines public safety, discourages participation in education and youth athletics, and contributes to growing shortages of qualified educational workers and sports officials across the State.

     The purpose of this Act is to strengthen protections for educational workers and sports officials by elevating criminal penalties for assaults committed against such persons, while preserving appropriate judicial discretion at sentencing.

     SECTION 3.  Chapter 707, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§707-     Aggravated assault against an educational worker or sports official.  (1)  A person commits the offense of aggravated assault against an educational worker or sports official if the person:

     (a)  Commits an offense under section 707-710(1)(a) or 707-711(1)(a), (b), or (d) and the victim of the offense is an educational worker or sports official who is:

          (i)  Engaged in the performance of official duties; or

         (ii)  Acting in direct connection with a school-sponsored activity or sports event; or

     (b)  Is a habitual assault offender against educational workers or sports officials and commits an offense under section 707-711(1)(e) or (n).

     (2)  For purposes of subsection (1)(a), the offense shall be subject to this section regardless of whether the conduct occurs on or off school grounds or at a privately operated venue, so long as the conduct arises from or is directly related to circumstances described in subsection (1)(a).

     (3)  Any person who would otherwise be subject to sentencing for a criminal offense under subsection (1) shall be guilty of an offense one class or grade higher than the classification of the underlying offense provided by law.

     (4)  Except as otherwise provided in subsection (5), a person convicted under this section shall be sentenced to a presumptive minimum term of imprisonment of no less than thirty days.

     (5)  The court may impose a lesser sentence or suspend the presumptive minimum term only if the court finds, on the record, that substantial and compelling reasons justify a departure, including but not limited to:

     (a)  The nature and seriousness of the injury;

     (b)  The defendant's criminal history, including the absence of prior violent offenses;

     (c)  The circumstances of the offense; or

     (d)  The interests of justice.

Any departure from the presumptive minimum sentence shall be stated with specificity in the record.

     (6)  For the purposes of this section:

     "Habitual assault offender against educational workers or sports officials" means that the person, at the time of the conduct for which the person is charged, had two or more convictions under this section or section 707-711(1)(e) or (n).

     "School-sponsored activity" means any event, contest, practice, or activity conducted on school grounds or under the authority or supervision of a school."

     SECTION 4.  Section 706-605.6, Hawaii Revised Statutes, is amended to read as follows:

     "§706-605.6  Assault against a sports official.  (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(1)(a), (b), (d), or (n);

     (c)  Assault in the third degree, as provided by section 707-712;

     (d)  Aggravated assault against an educational worker or sports official, as provided by section 707-   ;

    [(d)] (e)  Terroristic threatening in the first degree, as provided by section 707-716(a), (e), or (f); or

    [(e)] (f)  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.

     (2)  For the purposes of this section:

     "Lawful discharge of the sports official's duty" means the performance of duties of a sports official from the time the sports official arrives at the venue of a sports event and ending when the sports official returns to their residence or business.

     "Sports event" means any organized [amateur or professional] athletic contest, scrimmage, practice, or exhibition conducted in the State[.] involving participants under eighteen years of age, amateur participants, or professional participants, including events conducted by private leagues or organizations.

     "Sports official" means a person at a sports event who [enforces] is authorized to officiate, supervise, or enforce the rules of the event, [such as an] including any umpire, referee, judge, timer, or scorer, or a person who supervises the participants, [such as a] including any coach, regardless of whether the person is [paid] compensated or [provides their services as] an unpaid volunteer[.], and regardless of whether the event is affiliated with a school, league, athletic association, or private organization."

     SECTION 5.  Section 707-700, Hawaii Revised Statutes, is amended by adding four new definitions to be appropriately inserted and to read as follows:

     ""Educational worker" means any of the following individuals acting within the scope of their official duties:

     (1)  Any administrator, principal, vice principal, athletic director, assistant athletic director, teacher, coach, specialist, counselor, classified employee, or other employee or authorized agent of the department of education, a charter school, or a private elementary or secondary school;

     (2)  Any 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

     (3)  Any person hired by the department of education on a contractual basis and engaged in carrying out an educational function.

     "Lawful discharge of the sports official's duty" means the performance of duties of a sports official from the time the sports official arrives at the venue of a sports event and ending when the sports official returns to their residence or business.

     "Sports event" means any organized athletic contest, scrimmage, practice, or exhibition conducted in the State involving participants under eighteen years of age, amateur participants, or professional participants, including events conducted by private leagues or organizations.

     "Sports official" means a person at a sports event who is authorized to officiate, supervise, or enforce the rules of the event, including any umpire, referee, judge, timer, or scorer, or a person who supervises the participants, including any coach, regardless of whether the person is compensated or an unpaid volunteer, and regardless of whether the event is affiliated with a school, league, athletic association, or private organization."

     SECTION 6.  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;

     (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;

     (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];

     (o)  Intentionally or knowingly causes bodily injury to a national guard member who is engaged in the performance of duty.  For purposes of this paragraph, "national guard member" means a member of the national guard on any duty or service done under or in pursuance of an order or call of the governor or the President of the United States or any proper authority as provided by law; or

    [[](p)[]]  Intentionally or knowingly causes bodily injury to any protective services worker who is engaged in the performance of the worker's duties.  For purposes of this paragraph, "protective services worker" means any administrator, specialist, social worker, case manager, or aide employed by the department of human services to investigate or provide services in response to reports of child abuse or neglect, or to investigate or provide services in response to reports of abuse or neglect of a vulnerable adult."

     SECTION 7.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 8.  If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 9.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 10.  This Act shall take effect on July 1, 2026.

Report Title:

Penal Code; Assault; Educational Workers; Sports Officials

Description:

Elevates criminal penalties for assaults committed against educational workers and sports officials, while preserving appropriate judicial discretion at sentencing.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  75-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 1592

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Education, to which was referred H.B. No. 1592 entitled:

"A BILL FOR AN ACT RELATING TO ASSAULT,"

begs leave to report as follows:

     The purpose of this measure is to elevate criminal penalties for assaults committed against educational workers and sports officials, preserving appropriate judicial discretion at sentencing.

     Your Committee received testimony in support of this measure from the Department of Education; State Public Charter School Commission; Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO; Hawaiʻi State Teachers Association; United Public Workers, AFSCME Local 646, AFL-CIO; Hawaii High School Athletic Association; Maui Interscholastic School League; and numerous individuals.  Your Committee received testimony in opposition to this measure from the Office of the Public Defender.

     Your Committee recognizes that educational workers and sports officials play a vital role in supporting student safety, youth development, and the well-being of the community.  However, these individuals are increasingly being threatened, harassed, and subjected to physical violence during the performance of their duties, whether on or off school property and at events organized by schools or private organizations.  Your Committee believes that strengthening protections for educational workers and sports officials will support public safety and further encourage participation in education and youth athletics.

     Your Committee has amended this measure by changing the effective date to July 1, 3000.

     Your Committee notes that this measure is one part of the solution in providing protections for educational workers and sports officials, and that further scrutiny of other preventative measures is needed.

     As affirmed by the record of votes of the members of your Committee on Education that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1592, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1592, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Education,