SB 1417: RELATING TO CRIMES AGAINST PROTECTIVE SERVICES WORKERS.

A BILL FOR AN ACT

RELATING TO CRIMES AGAINST PROTECTIVE SERVICES WORKERS.

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

     SECTION 1.  Section 707-711, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(1)  A person commits the offense of assault in the second degree if 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[.]; or

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

     SECTION 2.  Section 707-716, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(1)  A person commits the offense of terroristic threatening in the first degree if the person commits terroristic threatening:

     (a)  By threatening another person on more than one occasion for the same or a similar purpose;

     (b)  By threats made in a common scheme against different persons;

     (c)  Against a public servant arising out of the performance of the public servant's official duties.  For the purposes of this paragraph, "public servant" includes but is not limited to an educational worker[.] or protective services worker.  "Educational worker" [has] and "protective services worker" have the same [meaning] meanings as defined in section 707-711;

     (d)  Against any emergency medical services provider who is engaged in the performance of duty.  For 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;

     (e)  With the use of a dangerous instrument or a simulated firearm.  For purposes of this section, "simulated firearm" means any object that:

          (i)  Substantially resembles a firearm;

         (ii)  Can reasonably be perceived to be a firearm; or

        (iii)  Is used or brandished as a firearm; or

     (f)  By threatening 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."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

Report Title:

Department of Human Services; Threats; Physical Harm; Protective Services Workers

Description:

Specifies that intentionally or knowingly causing bodily injury to a protective services worker who is engaged in the performance of the worker's duties is a class C felony.  Clarifies that a protective services worker is a public servant for the purposes of section 707-716, HRS, Terroristic Threatening in the First Degree.

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

STAND. COM. REP. NO. 500

Honolulu, Hawaii

RE:    S.B. No. 1417

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Health and Human Services, to which was referred S.B. No. 1417 entitled:

"A BILL FOR AN ACT RELATING TO CRIMES AGAINST PROTECTIVE SERVICES WORKERS,"

begs leave to report as follows:

     The purpose and intent of this measure is to establish that:

     (1)  Intentionally or knowingly causing bodily injury to a protective services worker who is engaged in the performance of the worker's duties constitutes an offense of assault in the second degree; and

     (2)  Terroristic threatening of a protective services worker constitutes an offense of terroristic threatening in the first degree.

     Your Committee received testimony in support of this measure from the Department of Human Services, Department of Law Enforcement, and Honolulu Police Department.

     Your Committee finds that protective services workers perform essential public services as they investigate, prevent, and address abuse and neglect of children and vulnerable adults.  Your Committee further finds that these state workers face the results of trauma and violence on a daily basis and also experience threats of violence and harassment while performing their job duties and while in the community.  This measure supports the health and well-being of protective services staff and the effective continuation of their important work statewide.

     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 S.B. No. 1417 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 Health and Human Services,