Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 1275 entitled:

begs leave to report as follows:

The purpose of this measure is to create the misdemeanor offense of assault against a law enforcement offer in the second degree, and upgrade assault against a police officer to a class C felony and expand its scope to cover other law enforcement officers.

Your Committee received testimony in support of this measure from the Department of the Attorney General; the Department of the Prosecuting Attorney, City and County of Honolulu; the Department of Public Safety; the Honolulu Police Department; a member of the Maui County Council; the Department of the Prosecuting Attorney, County of Maui; County of Hawaii Police Department; County of Maui Police Department; State of Hawaii Organization of Police Officers; and one concerned citizen. The Office of the Public Defender opposed the measure.

Your Committee finds that under current law, threatening a police officer is a felony whereas actual assault of a police officer is a misdemeanor. By contrast, it is a class C felony to assault correctional workers or educational workers who are engaged in the performance of their duties. The legislative intent was to deter the rising number of assaults committed against correctional officers each year, and to give educational workers added protection. Your Committee believes that law enforcement officers deserve the same protection and deterrence methods as such other workers.

Your Committee expresses the legislative intent that the term "law enforcement officer" includes, but is not limited to, police officers, sheriffs, sheriff deputies, Department of Land and Natural Resources enforcement officers, and investigators with the Department of the Attorney General.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1275 and recommends that it pass Second Reading and be placed on the calendar for Third Reading.