Hawaii HB 963: RELATING TO CRIMES AGAINST ELDERS.

Bill Text

HOUSE OF REPRESENTATIVES
THIRTY-THIRD LEGISLATURE, 2025 H .B. N~D.
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO CRIMES AGAINST ELDERS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1. Section 707-710, Hawaii Revised Statutes, is
2 amended to read as follows:
3 “~707-71O Assault in the first degree. (1) A person
4 commits the offense of assault in the first degree if the person
5 intentionally or knowingly causes:
6 (a)~ Serious bodily injury to another person; or
7 (b) Substantial bodily injury to a person who is sixty
8 years of age or older [and the egg of thc injurcd
9 person is known or reasonably should bc known to thc
10 pcrson causing thc injury]
11 (2) The requisite state of mind for subsection (1) (b) of
12 this offense is not applicable to the fact that the person who
13 sustained substantial bodily injury was sixty years of age or
14 older. A person is strictly liable with respect to the
15 attendant circumstance that the person who sustained substantial
16 bodily injury was sixty years of age or older.
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1 [-(-24-] (3) Assault in the first degree [4-e] shall be a
2 class B felony.”
3 SECTION 2. Section 707—711, Hawaii Revised Statutes, is
4 amended to read as follows:
5 “~7O7-71l Assault in the second degree. (1) A person
6 commits the offense of assault in the second degree if the
7 person:
8 (a) Intentionally, knowingly, or recklessly causes
9 substantial bodily injury to another;
10 (b) Recklessly causes serious bodily injury to anbther;~
11 (c) Intentionally or knowingly causes bodily injury to a
12 correctional worker, as defined in section 710—
13 1031 (2), who is engaged in the performance of duty or
14 who is within a correctional facility;
15 (d) Intentionally or knowingly causes bodily injury to
16 another with a dangerous instrument;
17 (e) Intentionally or knowingly causes bodily injury to an
18 educational worker who is engaged in the performance
19 of duty or who is within an educational facility. For
20 the purposes of this paragraph, “educational worker”
21 means any administrator, specialist, counselor,
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1 teacher, or employee of the department of education or
2 an employee of a charter school; a person who is a
3 volunteer, as defined in section 90—1, in a school
4 program, activity, or function that is established,
5 sanctioned, or approved by the department of
6 education; or a person hired by the department of
7 education on a contractual basis and engaged in
8 carrying out an educational function;
9 (f) Intentionally or knowingly causes bodily injury to any
10 emergency medical services provider who is engaged in
11 the performance of duty. For the purposes of this
12 paragraph, “emergency medical services provider” means
13 emergency medical services personnel, as defined in
14 section 321—222, and physicians, physician’s
15 assistants, nurses, nurse practitioners, certified
16 registered nurse anesthetists, respiratory therapists,
17 laboratory technicians, radiology technicians, and
18 social workers, providing services in the emergency
19 room of a hospital;
20 (g) Intentionally or knowingly causes bodily injury to a
21 person employed at a state-operated or -contracted
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1 mental health facility. For the purposes of this
2 paragraph, Ha person employed at a state-operated or -
3 contracted mental health facility” includes health
4 care professionals as defined in section 451D-2,
5 administrators, orderlies, security personnel,
6 volunteers, and any other person who is engaged in the
7 performance of a duty at a state—operated or
8 contracted mental health facility;
9 (h) Intentionally or knowingly causes bodily injury to a
10 person who:
11 (i) The defendant has been restrained from, by order
12 of any court, including an ex parte ordei~,
13 contacting, threatening, or physically abusing
14 pursuant to chapter 586; or
15 (ii) Is being protected by a police officer ordering
16 the defendant to leave the premises of that
17 protected person pursuant to section 709-906(4),
18 during the effective period of that order;
19 (i) Intentionally or knowingly causes bodily injury to any
20 firefighter or water safety officer who is engaged in
21 the performance of duty. For the purposes of this
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1 paragraph, “firefighter” has the same meaning as in
2 section 710—1012 and “water safety officer” means any
3 public servant employed by the United States, the
4 State, or any county as a lifeguard or person
5 authorized to conduct water rescue or ocean safety
6 functions;
7 (j) Intentionally or knowingly causes bodily injury to a
8 person who is engaged in the performance of duty at a
9 health care facility as defined in section 323D-2.
10 For purposes of this paragraph, “a person who is
11 engaged in the performance of duty at a health care
12 facility” includes health care professionals as
13 defined in section 451D—2, physician