REPORT TITLE:
Child abuse


DESCRIPTION:
Creates a new offense of assault in the fourth degree.  Increases
the age of a minor from 8 to 12 with regard to offense against
children.  Raises penalties for the offense of assault in the 1st
to 3rd degrees.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2374
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO THE PENAL CODE.



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

 1      SECTION 1.  Chapter 707, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "§707-    Assault in the fourth degree.  (1)  A person
 
 5 commits the offense of assault in the fourth degree if the
 
 6 person:
 
 7      (a)  Intentionally, knowingly, or recklessly causes bodily
 
 8           injury to another person; or
 
 9      (b)  Negligently causes bodily injury to another person with
 
10           a dangerous instrument.
 
11      (2)  Assault in the fourth degree is a misdemeanor unless
 
12 committed in a fight or scuffle entered into by mutual consent,
 
13 in which case it is a petty misdemeanor."
 
14      SECTION 2.  Section 706-660.2, Hawaii Revised Statutes, is
 
15 amended to read as follows:
 
16      "§706-660.2  Sentence of imprisonment for offenses against
 
17 children, elder persons, or handicapped persons.  Notwithstanding
 
18 section 706-669, a person who, in the course of committing or
 
19 attempting to commit a felony, causes the death or inflicts
 
20 serious or substantial bodily injury upon a person who is:
 

 
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 1      (1)  Sixty years of age or older;
 
 2      (2)  Blind, a paraplegic, or a quadriplegic; or
 
 3      (3)  [Eight] Twelve years of age or younger;
 
 4 and such disability is known or reasonably should be known to the
 
 5 defendant, shall, if not subjected to an extended term of
 
 6 imprisonment pursuant to section 706-662, be sentenced to a
 
 7 mandatory minimum term of imprisonment without possibility of
 
 8 parole as follows:
 
 9      (1)  For murder in the second degree--fifteen years;
 
10      (2)  For a class A felony--six years, eight months;
 
11      (3)  For a class B felony--three years, four months;
 
12      (4)  For a class C felony--one year, eight months."
 
13      SECTION 3.  Section 706-662, Hawaii Revised Statutes, is
 
14 amended to read as follows:
 
15      "§706-662  Criteria for extended terms of imprisonment.  A
 
16 convicted defendant may be subject to an extended term of
 
17 imprisonment under section 706-661, if the convicted defendant
 
18 satisfies one or more of the following criteria:
 
19      (1)  The defendant is a persistent offender whose
 
20           imprisonment for an extended term is necessary for
 
21           protection of the public.  The court shall not make
 
22           this finding unless the defendant has previously been
 
23           convicted of two felonies committed at different times
 

 
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 1           when the defendant was eighteen years of age or
 
 2           older[.];
 
 3      (2)  The defendant is a professional criminal whose
 
 4           imprisonment for an extended term is necessary for
 
 5           protection of the public.  The court shall not make
 
 6           this finding unless:
 
 7           (a)  The circumstances of the crime show that the
 
 8                defendant has knowingly engaged in criminal
 
 9                activity as a major source of livelihood; or
 
10           (b)  The defendant has substantial income or resources
 
11                not explained to be derived from a source other
 
12                than criminal activity[.];
 
13      (3)  The defendant is a dangerous person whose imprisonment
 
14           for an extended term is necessary for protection of the
 
15           public.  The court shall not make this finding unless
 
16           the defendant has been subjected to a psychiatric or
 
17           psychological evaluation that documents a significant
 
18           history of dangerousness to others resulting in
 
19           criminally violent conduct, and this history makes the
 
20           defendant a serious danger to others.  Nothing in this
 
21           section precludes the introduction of victim-related
 
22           data in order to establish dangerousness in accord with
 
23           the Hawaii rules of evidence[.];
 

 
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 1      (4)  The defendant is a multiple offender whose criminal
 
 2           actions were so extensive that a sentence of
 
 3           imprisonment for an extended term is necessary for
 
 4           protection of the public.  The court shall not make
 
 5           this finding unless:
 
 6           (a)  The defendant is being sentenced for two or more
 
 7                felonies or is already under sentence of
 
 8                imprisonment for felony; or
 
 9           (b)  The maximum terms of imprisonment authorized for
 
10                each of the defendant's crimes, if made to run
 
11                consecutively would equal or exceed in length the
 
12                maximum of the extended term imposed, or would
 
13                equal or exceed forty years if the extended term
 
14                imposed is for a class A felony[.]; and
 
15      (5)  The defendant is an offender against the elder,
 
16           handicapped, or minor under the age of [eight whose
 
17           imprisonment for an extended term is necessary for the
 
18           protection of the public.] twelve.  The court shall not
 
19           make this finding unless:
 
20           (a)  The defendant attempts or commits any of the
 
21                following crimes:  murder, manslaughter, a sexual
 
22                offense that constitutes a felony under chapter
 
23                707, robbery, felonious assault, burglary, or
 
24                kidnapping; and
 

 
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 1           (b)  The defendant, in the course of committing or
 
 2                attempting to commit the crime, inflicts serious
 
 3                or substantial bodily injury upon a person who is:
 
 4                 (i) Sixty years of age or older;
 
 5                (ii) Blind, a paraplegic, or a quadriplegic; or
 
 6               (iii) [Eight] Twelve years of age or younger; and
 
 7           (c)  Such disability is known or reasonably should be
 
 8                known to the defendant."
 
 9      SECTION 4.  Section 707-710, Hawaii Revised Statutes, is
 
10 amended to read as follows:
 
11      "§707-710  Assault in the first degree.(1)  A person
 
12 commits the offense of assault in the first degree if the person
 
13 intentionally or knowingly causes serious bodily injury to
 
14 another person.
 
15      (2)  Assault in the first degree is a class [B] A felony."
 
16      SECTION 5.  Section 707-111, Hawaii Revised Statutes, is
 
17 amended to read as follows:
 
18      "§707-711  Assault in the second degree.(1)  A person
 
19 commits the offense of assault in the second degree if:
 
20      (a)  The person intentionally or knowingly causes
 
21           substantial bodily injury to another;
 
22      (b)  The person recklessly causes serious bodily injury to
 
23           another person;
 

 
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 1      (c)  The person intentionally or knowingly causes bodily
 
 2           injury to a correctional worker, as defined in section
 
 3           710-1031(2), who is engaged in the performance of duty
 
 4           or who is within a correctional facility;
 
 5      (d)  The person intentionally or knowingly causes bodily
 
 6           injury to another person with a dangerous instrument;
 
 7           or
 
 8      (e)  The person intentionally or knowingly causes bodily
 
 9           injury to an educational worker who is engaged in the
 
10           performance of duty or who is within an educational
 
11           facility.  For the purposes of this section,
 
12           "educational worker" means any administrator,
 
13           specialist, counselor, teacher, or employee of the
 
14           department of education, or a person who is a volunteer
 
15           in a school program, activity, or function that is
 
16           established, sanctioned, or approved by the department
 
17           of education or a person hired by the department of
 
18           education on a contractual basis and engaged in
 
19           carrying out an educational function.
 
20      (2)  Assault in the second degree is a class [C] B felony."
 
21      SECTION 6.  Section 707-712, Hawaii Revised Statutes, is
 
22 amended to read as follows:
 

 
 
 
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 1      "§707-712  Assault in the third degree.(1)  A person
 
 2 commits the offense of assault in the third degree if the
 
 3 person[:
 
 4      (a)  Intentionally, knowingly, or recklessly causes bodily
 
 5           injury to another person; or
 
 6      (b)  Negligently causes bodily injury to another person with
 
 7           a dangerous instrument.
 
 8      (2)  Assault in the third degree is a misdemeanor unless
 
 9 committed in a fight or scuffle entered into by mutual consent,
 
10 in which case it is a petty misdemeanor.] recklessly causes
 
11 substantial bodily injury to another person.
 
12      (2)  Assault in the third degree is a class C felony."
 
13      SECTION 7.  This Act does not affect rights and duties that
 
14 matured, penalties that were incurred, and proceedings that were
 
15 begun, before its effective date.
 
16      SECTION 8.  Statutory material to be repealed is bracketed.
 
17 New statutory material is underscored.
 
18      SECTION 9.  This Act shall take effect upon its approval.
 
19 
 
20                           INTRODUCED BY:  _______________________