HB 1758: Minority Caucus Package; Criminal Offenses; Assault; Elder Persons

A BILL FOR AN ACT

RELATING TO ELDER CRIME VICTIMS.

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

     SECTION 1.  Section 707-710, Hawaii Revised Statutes, is amended to read as follows:

     "§707-710  Assault in the first degree.  (1)  A person commits the offense of assault in the first degree if the person intentionally or knowingly causes:

     (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].

     (2)  The state of mind requirement for subsection (1)(b) of this offense is not applicable to the fact that the person who sustains substantial bodily injury was sixty years of age or older.  A person is strictly liable with respect to the attendant circumstance that the person who sustains substantial bodily injury was sixty years of age or older.

     [(2)] (3)  Assault in the first degree is a class B felony."

     SECTION 2.  Section 707-711, Hawaii Revised Statutes, is amended to read as follows:

     "§707-711  Assault in the second degree.  (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]; 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.

     (2)  The state of mind requirement for subsection (1)(m) of this offense is not applicable to the fact that the person who sustains bodily injury was sixty years of age or older.  A person is strictly liable with respect to the attendant circumstance that the person who sustains bodily injury was sixty years of age or older.

     [(2)] (3)  Assault in the second degree is a class C felony."

     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:

Minority Caucus Package; Criminal Offenses; Assault; Elder Persons

Description:

Removes state of mind requirement pertaining to a victim's age for felony assaults aggravated by the victim's age.

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