SB 1382: RELATING TO THE NATIONAL GUARD.
- Session Year: 2025-2026
- House: Senate
- Latest Version Date: 2025-01-28
Current Status:
In Progress
(2025-04-11: Act 008, on 04/10/2025 (Gov. Msg. No. 1108).)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
Specifies that intentionally or knowingly causing bodily injury to a national guard member in the performance of duty is a class C felony.
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THE SENATE |
S.B. NO. |
1382 |
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THIRTY-THIRD LEGISLATURE, 2025 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE NATIONAL GUARD.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"(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;
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REVISED: October 22, 2024 1ST DRAFT DATE: September 5, 2024 |
(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 [.]; or
(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."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
_____________________________ |
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BY REQUEST |
Report Title:
Militia; National Guard; Assault in the Second Degree
Description:
Specifies that intentionally or knowingly causing bodily injury to a national guard member in the performance of duty is a class C felony.
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 11, 2025 | Act 008, on 04/10/2025 (Gov. Msg. No. 1108). |
| Apr 11, 2025 | Act 008, 04/10/2025 (Gov. Msg. No. 1108). |
| Mar 27, 2025 | Enrolled to Governor. |
| Mar 27, 2025 | Received from House (Hse. Com. No. 394). |
| Mar 27, 2025 | Passed Third Reading with none voting aye with reservations; none voting no (0) and Representative(s) Hussey, Templo, Ward excused (3). Transmitted to Senate. |
| Mar 27, 2025 | Reported from JHA (Stand. Com. Rep. No. 1659), recommending passage on Third Reading. |
| Mar 20, 2025 | The committee on JHA recommend that the measure be PASSED, UNAMENDED. The votes were as follows: 9 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Kahaloa, Perruso, Takayama, Todd, Garcia, Shimizu; Ayes with reservations: none; 0 Noes: none; and 2 Excused: Representative(s) Cochran, Hashem. |
| Mar 18, 2025 | Bill scheduled to be heard by JHA on Thursday, 03-20-25 2:00PM in House conference room 325 VIA VIDEOCONFERENCE. |
| Mar 17, 2025 | Passed Second Reading and referred to the committee(s) on JHA with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Lowen, Reyes Oda, Ward excused (4). |
| Mar 17, 2025 | Reported from PBS (Stand. Com. Rep. No. 1284), recommending passage on Second Reading and referral to JHA. |
| Mar 12, 2025 | The committee on PBS recommend that the measure be PASSED, UNAMENDED. The votes were as follows: 8 Ayes: Representative(s) Belatti, Hashem, Lamosao, Morikawa, Poepoe, Shimizu, Souza; Ayes with reservations: Representative(s) Iwamoto; Noes: none; and 2 Excused: Representative(s) Ichiyama, Woodson. |
| Mar 6, 2025 | Bill scheduled to be heard by PBS on Wednesday, 03-12-25 9:30AM in House conference room 411 VIA VIDEOCONFERENCE. |
| Mar 6, 2025 | Referred to PBS, JHA, referral sheet 19 |
| Mar 6, 2025 | Pass First Reading |
| Mar 4, 2025 | Received from Senate (Sen. Com. No. 318). |
| Mar 4, 2025 | Report adopted; Passed Third Reading. Ayes, 25; Aye(s) with reservations: none . Noes, 0 (none). Excused, 0 (none). Transmitted to House. |
| Feb 28, 2025 | One Day Notice 03-04-25. |
| Feb 28, 2025 | Reported from JDC (Stand. Com. Rep. No. 973) with recommendation of passage on Third Reading. |
| Feb 21, 2025 | The committee(s) on JDC recommend(s) that the measure be PASSED, UNAMENDED. The votes in JDC were as follows: 4 Aye(s): Senator(s) Rhoads, Chang, San Buenaventura, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Gabbard. |
| Feb 18, 2025 | The committee(s) on JDC will hold a public decision making on 02-21-25 10:20AM; Conference Room 016 & Videoconference. |
| Feb 7, 2025 | Report adopted; Passed Second Reading and referred to JDC. |
| Feb 7, 2025 | Reported from PSM (Stand. Com. Rep. No. 86) with recommendation of passage on Second Reading and referral to JDC. |
| Jan 31, 2025 | The committee(s) on PSM recommend(s) that the measure be PASSED, UNAMENDED. The votes in PSM were as follows: 5 Aye(s): Senator(s) Elefante, Wakai, Fukunaga, Rhoads, DeCorte; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none. |
| Jan 28, 2025 | The committee(s) on PSM has scheduled a public hearing on 01-31-25 3:10PM; Conference Room 225 & Videoconference. |
| Jan 27, 2025 | Referred to PSM, JDC. |
| Jan 23, 2025 | Introduced and passed 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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| Mar 27, 2025 | Third Reading | House Floor |
Passed |
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| Mar 20, 2025 | The committee on JHA recommend that the measure be PASSED, UNAMENDED | House Standing Committee on Judiciary & Hawaiian Affairs |
Passed |
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| Mar 12, 2025 | The committee on PBS recommend that the measure be PASSED, UNAMENDED | House Standing Committee on Public Safety |
Passed |
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| Mar 4, 2025 | Third Reading | Senate Floor |
Passed |
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| Feb 21, 2025 | The committee(s) on JDC recommend(s) that the measure be PASSED, UNAMENDED | Senate Standing Committee on Judiciary |
Passed |
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| Jan 31, 2025 | The committee(s) on PSM recommend(s) that the measure be PASSED, UNAMENDED | Senate Standing Committee on Public Safety and Military Affairs |
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
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Date
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| and Honolulu Police Department | ** Support | |
| City and County of Honolulu | *** Support | Mar 20, 2025 |
| Department of Defense | ** Support | |
| Hawaii Emergency Management Agency | *** Support | Mar 20, 2025 |
| Hawaiʻi National Guard | ** Support |
STAND. COM. REP. NO. 1659
Honolulu, Hawaii
, 2025
RE: S.B. No. 1382
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 S.B. No. 1382 entitled:
"A BILL FOR AN ACT RELATING TO THE NATIONAL GUARD,"
begs leave to report as follows:
Your Committee received testimony in support of this measure from the Department of Defense; Hawaiʻi National Guard; and Honolulu Police Department.
Your Committee finds that although National Guard members play a vital role in safeguarding communities during emergencies, including natural disasters and crises requiring urgent response, their duties also expose them to potential threats and harm. This measure strengthens legal protections for National Guard members, ensuring that they are shielded from assaults while carrying out their responsibilities.
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 S.B. No. 1382 and recommends that it pass Third Reading.
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. 1284
Honolulu, Hawaii
, 2025
RE: S.B. No. 1382
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Madame:
Your Committee on Public Safety, to which was referred S.B. No. 1382 entitled:
"A BILL FOR AN ACT RELATING TO THE NATIONAL GUARD,"
begs leave to report as follows:
Your Committee received testimony in support of this measure from the Hawaiʻi National Guard; Honolulu Police Department; and two individuals. Your Committee received testimony in opposition to this measure from one individual.
Your Committee finds that National Guard members serve and protect their communities in times of crisis, such as natural disasters and other emergencies. Your Committee further finds that this measure establishes an essential legal safeguard to protect National Guard members as they carry out their duties.
As affirmed by the record of votes of the members of your Committee on Public Safety that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1382 and recommends that it pass Second Reading and be referred to your Committee on Judiciary & Hawaiian Affairs.
Respectfully submitted on behalf of the members of the Committee on Public Safety,
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____________________________ DELLA AU BELATTI, Chair |
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STAND. COM. REP. NO. 973
Honolulu, Hawaii
RE: S.B. No. 1382
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Sir:
Your Committee on Judiciary, to which was referred S.B. No. 1382 entitled:
"A BILL FOR AN ACT RELATING TO THE NATIONAL GUARD,"
begs leave to report as follows:
The purpose and intent of this measure is to create a protected status for National Guard personnel in service to the State by specifying that intentionally or knowingly causing bodily injury to a national guard member in the performance of duty is a class C felony.
Your Committee received testimony in support of this measure from the Department of Defense, Hawaii National Guard, Honolulu Police Department, and one individual.
Your Committee finds that this administration measure will afford protection within the justice system for threats and bodily harm to Hawaii national guard or national guard members of other states in service of the State, such as during civil disturbances and critical state emergencies. This measure will provide national guard members the same protections currently offered to certain law enforcement officers in service to the State.
As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1382 and recommends that it pass Third Reading.
Respectfully submitted on behalf of the members of the Committee on Judiciary,
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________________________________ KARL RHOADS, Chair |
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STAND. COM. REP. NO. 86
Honolulu, Hawaii
RE: S.B. No. 1382
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Sir:
Your Committee on Public Safety and Military Affairs, to which was referred S.B. No. 1382 entitled:
"A BILL FOR AN ACT RELATING TO THE NATIONAL GUARD,"
begs leave to report as follows:
The purpose and intent of this measure is to specify that intentionally or knowingly causing bodily injury to a national guard member in the performance of duty is a class C felony.
Your Committee received testimony in support of this measure from the Department of Defense, Hawaii National Guard, and Honolulu Police Department
Your Committee finds that National Guard service members need legal protection during times of state emergencies and urgent domestic response situations. As local law enforcement confronts capacity challenges, National Guard members will be called to provide additional support during civil disturbances, especially in critical state emergencies.
The current law allows for individuals who cause bodily harm to National Guard service members to be charged with a misdemeanor. Your Committee acknowledges the testimony given at the public hearing on this measure by the Hawaii National Guard regarding its position that this penalty scheme is inadequate to protect its service members. This measure will authorize any intentional or deliberate act resulting in injury to National Guard members to be classified as a class C felony, ensuring greater protection for service members and potentially deterring attacks.
As affirmed by the record of votes of the members of your Committee on Public Safety and Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1382 and recommends that it pass Second Reading and be referred to your Committee on Judiciary.
Respectfully submitted on behalf of the members of the Committee on Public Safety and Military Affairs,
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________________________________ BRANDON J.C. ELEFANTE, Chair |
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Date
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Testimony PDF
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| Mar 20, 2025 | SB1382_TESTIMONY_JHA_03-20-25_.PDF |
| Mar 12, 2025 | SB1382_TESTIMONY_PBS_03-12-25_.PDF |
| Feb 20, 2025 | SB1382_TESTIMONY_JDC_02-21-25_.PDF |
| Jan 31, 2025 | SB1382_TESTIMONY_PSM_01-31-25_.PDF |
Discussed in Hearing
1MIN
House Standing Committee on Judiciary & Hawaiian Affairs
6MIN
House Standing Committee on Public Safety
6MIN
House Standing Committee on Human Services & Homelessness
2MIN
Senate Standing Committee on Government Operations
2MIN
Senate Standing Committee on Public Safety and Military Affairs
Bill Author
Bill Co-Author(s):