Report Title:
Reckless Endangering
Description:
Distinguishes between reckless endangering in the 1st degree (class C felony) and reckless endangering in the 2nd degree (a misdemeanor) by specifying that the 2nd degree offense requires the defendant know that another person is present and is endangered.
|
THE SENATE |
S.B. NO. |
1507 |
|
TWENTY-FIRST LEGISLATURE, 2001 |
||
|
STATE OF HAWAII |
||
|
|
A BILL FOR AN ACT
RELATING TO RECKLESS ENDANGERING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to amend statutory provisions relating to reckless endangering in the first degree and reckless endangering in the second degree to clarify the distinction between the two offenses. This Act is intended to clarify that reckless endangering in the first degree requires that the defendant know that another person is present and act to recklessly endanger that person. This Act also clarifies that even if the defendant does not know anyone is present, the defendant commits the offense of reckless endangering in the second degree by:
(1) Recklessly placing another person in danger of death or serious bodily injury; or
(2) Firing a firearm in a populated or residential area or within the boundaries or in the direction of any road, street or highway.
SECTION 2. Section 707-713, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
"(1) A person commits the offense of reckless endangering in the first degree if [the] knowing that another person is present:
(a) The person employs widely dangerous means in a manner which recklessly places [another] the other person in danger of death or serious bodily injury; or [unintentionally]
(b) The person intentionally fires a firearm in a manner which recklessly places [another] the other person in danger of death or serious bodily injury."
SECTION 3. Section 707-714, Hawaii Revised Statutes, is amended to read as follows:
"§707-714 Reckless endangering in the second degree. (1) A person commits the offense of reckless endangering in the second degree if [the]:
(a) The person engages in conduct which recklessly places another person in danger of death or serious bodily injury[.]; or
[(2)] (b) [For the purposes of this section and in addition to other applications, a] The person [engages in conduct which recklessly places another person in danger of death or serious bodily injury when that person] intentionally or knowingly discharges a firearm in a populated area, in a residential area or within the boundaries or in the direction of any road, street or highway; provided that the provisions of this paragraph shall not apply to any person who discharges a firearm upon a target range for the purpose of the target shooting done in compliance with all laws and regulations applicable thereto.
(2) It shall not be a defense to a prosecution under this section that the person did not know that another person was present.
(3) Reckless endangering in the second degree is a misdemeanor."
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
|
INTRODUCED BY: |
_____________________________ |