STAND. COM. REP. NO. 2215

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  S.B. No. 3105
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Transportation and Intergovernmental
Affairs, to which was referred S.B. No. 3105 entitled: 

     "A BILL FOR AN ACT RELATING TO THE PENAL CODE,"

begs leave to report as follows:

     The purpose of this measure is to create the offense of
assault against a law enforcement officer in the first degree as
a class C felony.

     The measure also renames assault against a police officer as
assault against a law enforcement officer in the second degree,
and reduces the criminal state of mind requirement for that
offense from "intentionally, knowingly, or recklessly" to only
"recklessly".

     Your Committee received testimony in support of this measure
from the Department of Land and Natural Resources, Prosecuting
Attorney of the City and County of Honolulu, and the Honolulu
Police Department.

     Your Committee finds this measure will bring law enforcement
officers with the same protection given correctional and
educational workers who are engaged in the performance of their
duties.

     Your Committee has amended the measure by inserting language
referring to the definition of law enforcement officer as defined

 
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                                   STAND. COM. REP. NO. 2215
                                   Page 2


under the chapter relating to offenses against public
administration.

     As affirmed by the record of votes of the members of your
Committee on Transportation and Intergovernmental Affairs that is
attached to this report, your Committee is in accord with the
intent and purpose of S.B. No. 3105, as amended herein, and
recommends that it pass Second Reading in the form attached
hereto as S.B. No. 3105, S.D. 1, and be referred to the Committee
on Judiciary.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Transportation
                                   and Intergovernmental Affairs,



                                   ______________________________
                                   CAL KAWAMOTO, Chair

 
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