SB 2900: Attorney General; Sports Officials; Public Schools; Private Schools; Civil Proceedings; Felony

A BILL FOR AN ACT

relating to sports officials.

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

     SECTION 1.  Chapter 28, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§28-    Civil actions; sports officials.  The attorney general may represent a sports official in a civil action in relation to a sports event at which the sports official has been, or has allegedly been, assaulted or threatened while engaged in the lawful discharge of the sports official's duties.  For the purposes of this section, "sports official" and "lawful discharge of the sports official's duties" have the same meaning as defined in section 706-605.6."

     SECTION 2.  Section 28-6, Hawaii Revised Statutes, is amended to read as follows:

     "§28-6  No fee; not to act as attorney.  The attorney general shall not receive any fee or reward from or in behalf of any person or prosecutor, for services rendered in any prosecution or business to which it shall be the attorney general's official duty to attend; nor, except when acting pursuant to section 28-  , be concerned as counsel or attorney for either party in any civil action depending upon the same state of facts."

     SECTION 3.  Section 706-605.6, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:

     "(2)  For the purposes of this section:

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

     "Sports event" means any organized amateur or professional athletic contest in the State.

     "Sports official" means a person at a sports event, including but not limited to a sports event at a public or private school, who enforces the rules of the event, such as an umpire, referee, timer, or scorer, or a person who supervises the participants, such as a coach, or a league or school administrator, regardless of whether the person is paid or provides their services as an unpaid volunteer."

     SECTION 4.  Section 707-710, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(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[.]; or

     (c)  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 defined in section 706-605.6."

     SECTION 5.  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;

     [(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)] (n)  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)]] (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.

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

     SECTION 6.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 7.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 8.  This Act shall take effect upon its approval.

Report Title:

Attorney General; Sports Officials; Public Schools; Private Schools; Civil Proceedings; Felony

Description:

Authorizes the Attorney General to represent sports officials in civil proceedings if the sports official has been assaulted or threatened in the course of legally discharging their sports official duties.  Makes intentional bodily injury of a sports official engaged in the lawful discharge of the sports official's duties a class B felony.  Clarifies that a sports official includes a school or league administrator.  Clarifies that a sports official's duties cover sports events at public schools and private schools.

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