Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 1523 entitled:

begs leave to report as follows:

The purpose of this measure is to change the standard for the offense of resisting arrest from "prevents" arrest to "interferes with" arrest, and the term "peace officer" to "law enforcement officer".

Your Committee received testimony in favor of this measure from the Honolulu Prosecuting Attorney and Police Department. Your Committee received comments on this measure from the Public Defender.

Your Committee finds that current law on resisting arrest requires that the person intentionally prevent the arrest. The intent of this measure is to prevent injuries to the law enforcement officer or others by criminalizing physical resistance to a law enforcement officer trying to effect an arrest, regardless of whether the arrest is prevented.

Your Committee further finds that the Hawaii Revised Statutes has no definition for "peace officer", however, "law enforcement officer" is defined under section 710-1000(13). This definition applies to anyone with arrest powers, whether for general or specific offenses.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1523 and recommends that it pass Second Reading and be placed on the calendar for Third Reading.