HB 963: Assault in the First and Second Degrees; Strict Liability; Attendant Circumstances; Elders
- Session Year: 2025-2026
- House: House
- Latest Version Date: 2026-04-10
Current Status:
Failed
(2026-04-23: Received notice of Senate conferees (Sen. Com. No. 738).)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
Establishes strict liability for crimes against elders with respect to the attendant circumstance that the victim was seventy years of age or older. Effective 12/31/2050. (SD2)
Establishes strict liability for crimes against elders with respect to the attendant circumstance that the victim was seventy years of age or older. Effective 21/31/2050. (SD1)
Establishes strict liability for crimes against elders with respect to the attendant circumstance that the victim was sixty years of age or older. Effective 7/1/3000. (HD2)
Establishes strict liability for crimes against elders with respect to the attendant circumstance that the victim was sixty years of age or older. Effective 7/1/3000. (HD1)
Establishes strict liability for crimes against elders with respect to the attendant circumstance that the victim was sixty years of age or older.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
963 |
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THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 2 |
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STATE OF HAWAII |
S.D. 2 |
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A BILL FOR AN ACT
RELATING TO CRIMES AGAINST ELDERS.
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] seventy 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 requisite state of mind for subsection (1)(b) of this offense shall not be applicable to the fact that the person who sustained substantial bodily injury was seventy years of age or older. A person shall be strictly liable with respect to the attendant circumstance that the person who sustained substantial bodily injury was seventy years of age or older.
[(2)] (3) Assault in the first degree [is] shall
be 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] seventy 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.
(2) The requisite state of mind for subsection (1)(m) of this offense shall not be applicable to the fact that the person who sustained bodily injury was seventy years of age or older. A person shall be strictly liable with respect to the attendant circumstance that the person who sustained bodily injury was seventy years of age or older.
[(2)] (3) Assault in the second degree [is] shall
be 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 on December 31, 2050.
Report Title:
Assault in the First and Second Degrees; Strict Liability; Attendant Circumstances; Elders
Description:
Establishes strict liability for crimes against elders with respect to the attendant circumstance that the victim was seventy years of age or older. Effective 12/31/2050. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
963 |
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THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 2 |
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STATE OF HAWAII |
S.D. 1 |
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A BILL FOR AN ACT
RELATING TO CRIMES AGAINST ELDERS.
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] seventy 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 requisite state of mind for subsection (1)(b) of this offense shall not be applicable to the fact that the person who sustained substantial bodily injury was seventy years of age or older. A person shall be strictly liable with respect to the attendant circumstance that the person who sustained substantial bodily injury was seventy years of age or older.
[(2)] (3) Assault in the first degree [is] shall
be 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] seventy 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.
(2) The requisite state of mind for subsection (1)(m) of this offense shall not be applicable to the fact that the person who sustained bodily injury was seventy years of age or older. A person shall be strictly liable with respect to the attendant circumstance that the person who sustained bodily injury was seventy years of age or older.
[(2)] (3) Assault in the second degree [is] shall
be 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 on December 31, 2050.
Report Title:
Assault in the First and Second Degrees; Strict Liability; Attendant Circumstances; Elders
Description:
Establishes strict liability for crimes against elders with respect to the attendant circumstance that the victim was seventy years of age or older. Effective 21/31/2050. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
963 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 2 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO CRIMES AGAINST ELDERS.
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 requisite state of mind for subsection (1)(b) of this offense shall not be applicable to the fact that the person who sustained substantial bodily injury was sixty years of age or older. A person shall be strictly liable with respect to the attendant circumstance that the person who sustained substantial bodily injury was sixty years of age or older.
[(2)] (3) Assault in the first degree [is] shall
be 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 requisite state of mind for subsection (1)(m) of this offense shall not be applicable to the fact that the person who sustained bodily injury was sixty years of age or older. A person shall be strictly liable with respect to the attendant circumstance that the person who sustained bodily injury was sixty years of age or older.
[(2)] (3) Assault in the second degree [is] shall
be a class C felony."
SECTION 3. Section 708-812.55, Hawaii Revised Statutes, is amended 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 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.
(2) For the purposes of this section:
"Developmental disability"
[shall have] has the same meaning as in section 333E-2.
"Incapacitated
person" [shall have] has the same meaning as in section
560:5-102.
(3)
Unauthorized entry in a dwelling in the first degree [is] shall
be a class B felony.
(4) It shall be an affirmative defense that reduces this offense to a misdemeanor that, at the time of the unlawful entry:
(a) There was a social gathering of invited guests at the dwelling the defendant entered;
(b) The defendant intended to join the social gathering as an invited guest; and
(c) The defendant had no intent to commit any unlawful act other than the entry.
(5) The requisite state of mind for subsection (1)(a) of this offense shall not be applicable to the fact that the person lawfully present in the dwelling at the time of the entry was sixty years of age or older. A person shall be strictly liable with respect to the attendant circumstance that the person lawfully present in the dwelling at the time of the entry was sixty years of age or older."
SECTION 4. Section 708-830.5, Hawaii Revised Statutes, is amended to read as follows:
"§708-830.5 Theft in the first degree. (1) A person commits the offense of theft in the first degree if the person commits theft of:
(a) Property or services, the value of which exceeds $20,000;
(b) A firearm;
(c) Dynamite or other explosive;
(d) 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];
(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]; or
(g) A motor vehicle or motorcycle as defined in section 291C-1.
(2) The requisite state of mind for subsections (1)(e) and (f) of this offense shall not be applicable to the fact that the individual from whose person the property was taken, owner of the property, or provider of the services was sixty years of age or older. A person shall be strictly liable with respect to the attendant circumstance that the individual from whose person the property was taken, owner of the property, or provider of the services was sixty years of age or older.
[(2)] (3) Theft in the first degree [is] shall
be a class B felony."
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) Property from the person of another;
(b) Property or services, the value of which exceeds $750;
(c) An aquacultural product or part thereof from premises that are fenced or enclosed 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;
(d) 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 premises, a crop is visible. The sign or signs, containing letters 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] shall be
prima facie evidence that the products are or have been stolen;
(e) 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] shall be prima facie
evidence that the products are or have been stolen[; provided that]. For purposes of this paragraph, "agricultural
commodities" has the same meaning as in section 145-21;
(f) Property commonly used to store items of monetary value, including but not limited to any purse, handbag, or wallet;
(g) 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]; or
(h) An electric gun as defined in section 134-81.
(2) The requisite state of mind for subsection (1)(g) of this offense shall not be applicable to the fact that the owner of the property or provider of the services was sixty years of age or older. A person shall be strictly liable with respect to the attendant circumstance that the owner of the property or provider of the services was sixty years of age or older.
[(2)] (3) Theft in the second degree [is] shall
be 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]; provided 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 to read as follows:
"§708-851 Forgery in the first
degree. (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] that is or purports to be, or [which] that
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;
(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, or commercial instrument, or
other instrument [which], that does or may evidence, create,
transfer, terminate, or otherwise affect a legal right, interest, obligation,
or status and[:
(i) The]
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].
(2) The requisite state of mind for subsection (1)(c) of this offense shall not be applicable to the fact that the purported maker or drawer of the written instrument or forged instrument was sixty years of age or older. A person shall be strictly liable with respect to the attendant circumstance that the purported maker or drawer of the written instrument or forged instrument was sixty years of age or older.
[(2)] (3) Forgery in the first degree [is] shall
be a class B felony."
SECTION 7. Section 708-852, Hawaii Revised Statutes, is amended to read as follows:
"§708-852 Forgery in the second degree. (1) A person commits the offense of forgery in the second degree if, with intent to defraud, the person:
(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] that is or purports to be, or [which] that
is calculated to become or to represent if completed, a deed, will, codicil,
contract, assignment, or commercial instrument, or other instrument [which],
that 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]
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].
(2) The requisite state of mind for subsection (1)(b) of this offense shall not be applicable to the fact that the purported maker or drawer of the written instrument or forged instrument was sixty years of age or older. A person shall be strictly liable with respect to the attendant circumstance that the purported maker or drawer of the written instrument or forged instrument was sixty years of age or older.
[(2)] (3) Forgery in the second degree [is] shall
be a class C felony."
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 on July 1, 3000.
Report Title:
Criminal Offenses; Sentencing; Strict Liability; Crimes Against Elders
Description:
Establishes strict liability for crimes against elders with respect to the attendant circumstance that the victim was sixty years of age or older. Effective 7/1/3000. (HD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
963 |
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THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO CRIMES AGAINST ELDERS.
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 requisite state of mind for subsection (1)(b) of this offense is not applicable to the fact that the person who sustained 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 sustained substantial bodily injury was sixty years of age or older.
[(2)] (3) Assault in the first degree [is] shall
be 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 requisite state of mind for subsection (1)(m) of this offense is not applicable to the fact that the person who sustained bodily injury was sixty years of age or older. A person is strictly liable with respect to the attendant circumstance that the person who sustained bodily injury was sixty years of age or older.
[(2)] (3) Assault in the second degree [is] shall
be a class C felony."
SECTION 3. Section 708-812.55, Hawaii Revised Statutes, is amended 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 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.
(2) For the purposes of this section:
"Developmental disability" shall have the same meaning as in section 333E-2.
"Incapacitated person" shall have the same meaning as in section 560:5-102.
(3)
Unauthorized entry in a dwelling in the first degree [is] shall
be a class B felony.
(4) It shall be an affirmative defense that reduces this offense to a misdemeanor that, at the time of the unlawful entry:
(a) There was a social gathering of invited guests at the dwelling the defendant entered;
(b) The defendant intended to join the social gathering as an invited guest; and
(c) The defendant had no intent to commit any unlawful act other than the entry.
(5) The requisite state of mind for subsection (1)(a) of this offense is not applicable to the fact that the person lawfully present in the dwelling at the time of the entry was sixty years of age or older. A person is strictly liable with respect to the attendant circumstance that the person lawfully present in the dwelling at the time of the entry was sixty years of age or older."
SECTION 4. Section 708-830.5, Hawaii Revised Statutes, is amended to read as follows:
"§708-830.5 Theft in the first degree. (1) A person commits the offense of theft in the first degree if the person commits theft of:
(a) Property or services, the value of which exceeds $20,000;
(b) A firearm;
(c) Dynamite or other explosive;
(d) 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];
(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]; or
(g) A motor vehicle or motorcycle as defined in section 291C-1.
(2) The requisite state of mind for subsections (1)(e) and (f) of this offense is not applicable to the fact that the individual from whose person the property was taken, owner of the property, or provider of the services was sixty years of age or older. A person is strictly liable with respect to the attendant circumstance that the individual from whose person the property was taken, owner of the property, or provider of the services was sixty years of age or older.
[(2)] (3) Theft in the first degree [is] shall
be a class B felony."
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) Property from the person of another;
(b) Property or services, the value of which exceeds $750;
(c) An aquacultural product or part thereof from premises that are fenced or enclosed 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;
(d) 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 premises, a crop is visible.
The sign or signs, containing letters 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] shall be prima facie evidence that the products
are or have been stolen;
(e) 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] shall be prima facie
evidence that the products are or have been stolen; provided that "agricultural
commodities" has the same meaning as in section 145-21;
(f) Property commonly used to store items of monetary value, including but not limited to any purse, handbag, or wallet;
(g) 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]; or
(h) An electric gun as defined in section 134-81.
(2) The requisite state of mind for subsection (1)(g) of this offense is not applicable to the fact that the owner of the property or provider of the services was sixty years of age or older. A person is strictly liable with respect to the attendant circumstance that the owner of the property or provider of the services was sixty years of age or older.
[(2)) (3) Theft in the second degree [is] shall
be 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 to read as follows:
"§708-851 Forgery in the first
degree. (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] that is or purports to be, or [which] that
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;
(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] that does or may evidence, create, transfer,
terminate, or otherwise affect a legal right, interest, obligation, or status
and[:
(i) The]
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].
(2) The requisite state of mind for subsection (1)(c) of this offense is not applicable to the fact that the purported maker or drawer of the written instrument or forged instrument was sixty years of age or older. A person is strictly liable with respect to the attendant circumstance that the purported maker or drawer of the written instrument or forged instrument was sixty years of age or older.
[(2)] (3) Forgery in the first degree [is] shall
be a class B felony."
SECTION 7. Section 708-852, Hawaii Revised Statutes, is amended to read as follows:
"§708-852 Forgery in the second degree. (1) A person commits the offense of forgery in the second degree if, with intent to defraud, the person:
(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] that is or purports to be, or [which] that
is calculated to become or to represent if completed, a deed, will, codicil,
contract, assignment, commercial instrument, or other instrument [which]
that 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]
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].
(2) The requisite state of mind for subsection (1)(b) of this offense is not applicable to the fact that the purported maker or drawer of the written instrument or forged instrument was sixty years of age or older. A person is strictly liable with respect to the attendant circumstance that the purported maker or drawer of the written instrument or forged instrument was sixty years of age or older.
[(2)] (3) Forgery in the second degree [is] shall
be a class C felony."
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 on July 1, 3000.
Report Title:
Criminal Offenses; Sentencing; Strict Liability; Crimes Against Elders
Description:
Establishes strict liability for crimes against elders with respect to the attendant circumstance that the victim was sixty years of age or older. 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.
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
963 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
relating to crimes against elders.
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 requisite state of mind for subsection (1)(b) of this offense is not applicable to the fact that the person who sustained 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 sustained substantial bodily injury was sixty years of age or older.
[(2)] (3) Assault in the first degree [is] shall
be 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 requisite state of mind for subsection (1)(m) of this offense is not applicable to the fact that the person who sustained bodily injury was sixty years of age or older. A person is strictly liable with respect to the attendant circumstance that the person who sustained bodily injury was sixty years of age or older.
[(2)] (3) Assault in the second degree is a class C
felony."
SECTION 3. Section 708-812.55, Hawaii Revised Statutes, is amended 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 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.
(2) For the purposes of this section:
"Developmental disability" shall have the same meaning as in section 333E-2.
"Incapacitated person" shall have the same meaning as in section 560:5-102.
(3)
Unauthorized entry in a dwelling in the first degree [is] shall
be a class B felony.
(4) It shall be an affirmative defense that reduces this offense to a misdemeanor that, at the time of the unlawful entry:
(a) There was a social gathering of invited guests at the dwelling the defendant entered;
(b) The defendant intended to join the social gathering as an invited guest; and
(c) The defendant had no intent to commit any unlawful act other than the entry.
(5) The requisite state of mind for subsection (1)(a) of this offense is not applicable to the fact that the person lawfully present in the dwelling at the time of the entry was sixty years of age or older. A person is strictly liable with respect to the attendant circumstance that the person lawfully present in the dwelling at the time of the entry was sixty years of age or older."
SECTION 4. Section 708-830.5, Hawaii Revised Statutes, is amended to read as follows:
"§708-830.5 Theft in the first degree. (1) A person commits the offense of theft in the first degree if the person commits theft of:
(a) Property or services, the value of which exceeds $20,000;
(b) A firearm;
(c) Dynamite or other explosive;
(d) 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];
(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]; or
(g) A motor vehicle or motorcycle as defined in section 291C-1.
(2) The requisite state of mind for subsections (1)(e) and (f) of this offense is not applicable to the fact that the individual from whose person the property was taken, owner of the property, or provider of the services was sixty years of age or older. A person is strictly liable with respect to the attendant circumstance that the individual from whose person the property was taken, owner of the property, or provider of the services was sixty years of age or older.
[(2)] (3) Theft in the first degree [is] shall
be a class B felony."
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) Property from the person of another;
(b) Property or services the value of which exceeds $750;
(c) An aquacultural product or part thereof from premises that are fenced or enclosed 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;
(d) 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 premises, a crop is visible.
The sign or signs, containing letters 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] shall be prima facie evidence that the products
are or have been stolen;
(e) 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] shall be prima facie
evidence that the products are or have been stolen; provided that "agricultural
commodities" has the same meaning as in section 145-21;
(f) Property commonly used to store items of monetary value, including but not limited to any purse, handbag, or wallet;
(g) 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]; or
(h) An electric gun as defined in section 134-81.
(2) The requisite state of mind for subsection (1)(g) of this offense is not applicable to the fact that the owner of the property or provider of the services was sixty years of age or older. A person is strictly liable with respect to the attendant circumstance that the owner of the property or provider of the services was sixty years of age or older.
[(2)) (3) Theft in the second degree [is] shall
be 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 to read as follows:
"§708-851 Forgery in the first
degree. (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] that is or purports to be, or [which] that
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;
(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] that does or may evidence, create, transfer,
terminate, or otherwise affect a legal right, interest, obligation, or status
and[:
(i) The]
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].
(2) The requisite state of mind for subsection (1)(c) of this offense is not applicable to the fact that the purported maker or drawer of the written instrument or forged instrument was sixty years of age or older. A person is strictly liable with respect to the attendant circumstance that the purported maker or drawer of the written instrument or forged instrument was sixty years of age or older.
[(2)] (3) Forgery in the first degree [is] shall
be a class B felony."
SECTION 7. Section 708-852, Hawaii Revised Statutes, is amended to read as follows:
"§708-852 Forgery in the second degree. (1) A person commits the offense of forgery in the second degree if, with intent to defraud, the person:
(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] that is or purports to be, or [which] that
is calculated to become or to represent if completed, a deed, will, codicil,
contract, assignment, commercial instrument, or other instrument [which]
that 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]
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].
(2) The requisite state of mind for subsection (1)(b) of this offense is not applicable to the fact that the purported maker or drawer of the written instrument or forged instrument was sixty years of age or older. A person is strictly liable with respect to the attendant circumstance that the purported maker or drawer of the written instrument or forged instrument was sixty years of age or older.
[(2)] (3) Forgery in the second degree [is] shall
be a class C felony."
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.
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INTRODUCED BY: |
_____________________________ |
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Report Title:
Criminal Offenses; Sentencing; Strict Liability; Crimes Against Elders
Description:
Establishes strict liability for crimes against elders with respect to the attendant circumstance that the victim was sixty years of age or older.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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Date
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Status
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|---|---|
| Apr 23, 2026 | Received notice of Senate conferees (Sen. Com. No. 738). |
| Apr 23, 2026 | Senate Conferees Appointed: San Buenaventura Chair; Rhoads Co-Chair; McKelvey. |
| Apr 21, 2026 | Received notice of appointment of House conferees (Hse. Com. No. 799). |
| Apr 21, 2026 | House Conferees Appointed: Marten, Tarnas Co-Chairs; Olds, Takenouchi, Garcia. |
| Apr 17, 2026 | Received notice of disagreement (Hse. Com. No. 780). |
| Apr 16, 2026 | House disagrees with Senate amendment (s). |
| Apr 14, 2026 | Returned from Senate (Sen. Com. No. 570) in amended form (SD 2). |
| Apr 14, 2026 | Report Adopted; Passed Third Reading, as amended (SD 2). Ayes, 25; Aye(s) with reservations: Senator(s) Keohokalole. Noes, 0 (none). Excused, 0 (none). Transmitted to House. |
| Apr 10, 2026 | 48 Hrs. Notice 04-14-26. |
| Apr 10, 2026 | Reported from JDC (Stand. Com. Rep. No. 3762) with recommendation of passage on Third Reading, as amended (SD 2). |
| Mar 31, 2026 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 5 Aye(s): Senator(s) Rhoads, Gabbard, Chang, San Buenaventura, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none. |
| Mar 25, 2026 | The committee(s) on JDC has scheduled a public hearing on 03-31-26 10:30AM; Conference Room 016 & Videoconference. |
| Feb 11, 2026 | Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC. |
| Feb 11, 2026 | Reported from HHS (Stand. Com. Rep. No. 2166) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JDC. |
| Jan 28, 2026 | The committee(s) on HHS recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in HHS were as follows: 5 Aye(s): Senator(s) San Buenaventura, Kanuha; Aye(s) with reservations: Senator(s) McKelvey, Keohokalole, Fevella ; 0 No(es): none; and 0 Excused: none. |
| Jan 23, 2026 | The committee(s) on HHS has scheduled a public hearing on 01-28-26 1:30PM; Conference Room 225 & Videoconference. |
| Dec 8, 2025 | Carried over to 2026 Regular Session. |
| Mar 6, 2025 | Referred to HHS, JDC. |
| Mar 6, 2025 | Passed First Reading. |
| Mar 6, 2025 | Received from House (Hse. Com. No. 308). |
| Mar 4, 2025 | Passed Third Reading as amended in HD 2 with Representative(s) Iwamoto voting aye with reservations; none voting no (0) and Representative(s) Pierick, Ward excused (2). Transmitted to Senate. |
| Feb 28, 2025 | Forty-eight (48) hours notice Tuesday, 03-04-25. |
| Feb 28, 2025 | Reported from JHA (Stand. Com. Rep. No. 1053) as amended in HD 2, recommending passage on Third Reading. |
| Feb 19, 2025 | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 10 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Hashem, Kahaloa, Perruso, Takayama, Todd, Garcia, Shimizu; Ayes with reservations: none; Noes: none; and 1 Excused: Representative(s) Cochran. |
| Feb 14, 2025 | Bill scheduled to be heard by JHA on Wednesday, 02-19-25 2:00PM in House conference room 325 VIA VIDEOCONFERENCE. |
| Feb 12, 2025 | Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Sayama, Ward excused (3). |
| Feb 12, 2025 | Reported from HSH (Stand. Com. Rep. No. 522) as amended in HD 1, recommending passage on Second Reading and referral to JHA. |
| Feb 11, 2025 | The committee on HSH recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 9 Ayes: Representative(s) Marten, Olds, Amato, Chun, Keohokapu-Lee Loy, Takayama, Takenouchi, Alcos, Garcia; Ayes with reservations: none; Noes: none; and Excused: none. |
| Feb 6, 2025 | Bill re-scheduled to be heard by HSH on Tuesday, 02-11-25 9:45AM in conference room 329 VIA VIDEOCONFERENCE. |
| Jan 31, 2025 | Bill scheduled to be heard by HSH on Tuesday, 02-11-25 10:00AM in House conference room 329 VIA VIDEOCONFERENCE. |
| Jan 23, 2025 | Referred to HSH, JHA, referral sheet 3 |
| Jan 23, 2025 | Introduced and Pass First Reading. |
| Jan 21, 2025 | Pending introduction. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Apr 14, 2026 | Third Reading | Senate Floor |
Passed |
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| Mar 31, 2026 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Judiciary |
Passed |
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| Jan 28, 2026 | The committee(s) on HHS recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Health and Human Services |
Passed |
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| Mar 4, 2025 | Third Reading | House Floor |
Passed |
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| Feb 19, 2025 | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Judiciary & Hawaiian Affairs |
Passed |
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| Feb 11, 2025 | The committee on HSH recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Human Services & Homelessness |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
|
Date
|
|---|---|---|
| AARP Hawaiʻi | ** Support | |
| Department of the Prosecuting Attorney, City and County of Honolulu | *** Support | Mar 31, 2026 |
| Department of the Prosecuting Attorney, County of Maui | *** Support | Mar 31, 2026 |
| Executive Office on Aging | ** Support | |
| Executive Office on Aging (attached agency to the Department of Health) | *** Support | Jan 28, 2026 |
| Honolulu Police Department | ** Support | |
| Libertarian Party of Hawaii | ** Support | |
| Office of the Prosecuting Attorney of the County of Hawaiʻi | ** Support | |
| Office of the Prosecuting Attorney of the County of Kauaʻi | ** Against | |
| Office of the Public Defender | *** Against | Mar 31, 2026 |
STAND. COM. REP. NO. 2166
Honolulu, Hawaii
RE: H.B. No. 963
H.D. 2
S.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2026
State of Hawaii
Sir:
Your Committee on Health and Human Services, to which was referred H.B. No. 963, H.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO CRIMES AGAINST ELDERS,"
begs leave to report as follows:
The purpose and intent of this measure is to establish strict liability for crimes against elders with respect to the attendant circumstance that the victim was sixty years of age or older.
Your Committee received testimony in support of this measure from the Executive Office on Aging, Department of the Prosecuting Attorney of the City and County of Honolulu, Department of the Prosecuting Attorney of the County of Maui, Office of the Prosecuting Attorney of the County of Hawaiʻi, Honolulu Police Department, AARP Hawaiʻi, Libertarian Party of Hawaii, and two individuals.
Your Committee received testimony in opposition to this measure from the Office of the Prosecuting Attorney of the County of Kauaʻi.
Your Committee finds that existing criminal statutes intended to protect older adults often require proof that an offender knew or reasonably should have known the victim's age, creating barriers to effective prosecution. Your Committee further finds that removing the state-of-mind requirement across these offenses will improve accountability and better safeguard vulnerable kupuna. This measure strengthens protections for elders by establishing strict liability for offenses in which the victim is sixty years of age or older, including certain assault, unauthorized entry in a dwelling, theft, and forgery offenses.
Your Committee has amended this measure by:
(1) Raising the strict liability age threshold for assault in the first degree and assault in the second degree from sixty to seventy;
(2) Deleting language that would have established a strict liability age threshold for the crimes of unauthorized entry in a dwelling in the first degree, theft in the first degree, theft in the second degree, forgery in the first degree, and forgery in the second degree;
(3) Inserting an effective date of December 31, 2050, to encourage further discussion; and
(4) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.
As affirmed by the record of votes of the members of your Committee on Health and Human Services that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 963, H.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 963, H.D. 2, S.D. 1, and be referred to your Committee on Judiciary.
Respectfully submitted on behalf of the members of the Committee on Health and Human Services,
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________________________________ JOY A. SAN BUENAVENTURA, Chair |
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STAND. COM. REP. NO. 1053
Honolulu, Hawaii
, 2025
RE: H.B. No. 963
H.D. 2
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Madame:
Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 963, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO CRIMES AGAINST ELDERS,"
begs leave to report as follows:
Your Committee received testimony in support of this measure from the Department of the Prosecuting Attorney for the City and County of Honolulu; Office of the Prosecuting Attorney of the County of Hawaii; Department of the Prosecuting Attorney of the County of Maui; AARP Hawaii; and four individuals. Your Committee received testimony in opposition to this measure from the Office of the Public Defender and one individual.
Your Committee finds that Act 147, Session Laws of Hawaii 2021, provided additional protections for the State's senior citizens against physical, emotional, and financial exploitation. However, further clarification to state laws related to these protections is needed. Removing the requirement that a perpetrator knew the age of the victim prior to the offense strengthens the existing laws and ensures the safety and well-being of Hawaii's kupuna.
Your Committee has amended this measure by making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 963, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 963, H.D. 2.
Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,
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____________________________ DAVID A. TARNAS, Chair |
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STAND. COM. REP. NO. 522
Honolulu, Hawaii
, 2025
RE: H.B. No. 963
H.D. 1
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Madame:
Your Committee on Human Services & Homelessness, to which was referred H.B. No. 963 entitled:
"A BILL FOR AN ACT RELATING TO CRIMES AGAINST ELDERS,"
begs leave to report as follows:
The purpose of this measure is to establish strict liability for crimes against elders with respect to the attendant circumstance that the victim was sixty years of age or older.
Your Committee received testimony in support of this measure from the Department of the Prosecuting Attorney for the City and County of Honolulu; AARP Hawaiʻi; and three individuals. Your Committee received testimony in opposition to this measure from the Office of the Public Defender.
Your Committee finds that elderly individuals are particularly vulnerable to violent crimes due to physical, cognitive, and social factors. Under existing law, assault against a person aged sixty or older is subject to enhanced penalties, but prosecutors must prove that the offender "knew or should have known" the victim's age. This requirement often hinders prosecution, as many assaults on elders involve random acts of violence where intent regarding age is difficult to establish. By strengthening protections for elders, this measure ensures that perpetrators are held accountable for the actual harm they inflict and further reinforces the State's commitment to safeguarding its elderly population.
Your Committee has amended this measure by:
(1) Changing the effective date to July 1, 3000, to encourage further discussion; and
(2) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
As affirmed by the record of votes of the members of your Committee on Human Services & Homelessness that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 963, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 963, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.
Respectfully submitted on behalf of the members of the Committee on Human Services & Homelessness,
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____________________________ LISA MARTEN, Chair |
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Date
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Testimony PDF
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|---|---|
| Mar 31, 2026 | HB963_SD1_TESTIMONY_JDC_03-31-26_.PDF |
| Jan 28, 2026 | HB963_HD2_TESTIMONY_HHS_01-28-26_.PDF |
| Feb 19, 2025 | HB963_HD1_TESTIMONY_JHA_02-19-25_.PDF |
| Feb 10, 2025 | HB963_TESTIMONY_HSH_02-11-25_.PDF |
Discussed in Hearing
40SEC
Senate Standing Committee on Judiciary
7MIN
Senate Standing Committee on Health and Human Services
7MIN
House Standing Committee on Judiciary & Hawaiian Affairs
10MIN
