Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.C.R. No. 141 entitled:

begs leave to report as follows:

The purpose of this measure is to request that the Governor establish a task force to study and determine whether classification of the offenses of assault and terroristic threatening based on the occupation of the victim is still necessary.

Testimony in support of the measure was received from the Public Defender. Testimony in opposition to the measure was received from the Department of Public Safety, the Honolulu Police Department, and the Prosecuting Attorney for the City and County of Honolulu.

Your Committee finds that, over the past few decades, laws have been enacted to provide certain groups of individuals with special treatment under the State's assault and terroristic threatening laws. The special treatment was provided in a manner that imposed a higher criminal penalty against perpetrators of these crimes against any person who belonged to one of the specially protected classes of persons, regardless of the severity of injury inflicted or harm perceived or incurred. These specially protected classes include law enforcement officers, correctional personnel, and educational workers. Recently, health care workers and sports officials have also sought inclusion into the category of specially protected persons.

Your Committee believes that, prior to the inclusion of any additional classes of occupations or persons into this category, a study should be performed to determine whether the establishment of this specially protected class system has actually deterred assaults and terroristic threats against persons in the specially protected classes. Your Committee also believes that, if any additional classes of persons are to be added, then it should be done in a uniform and impartial manner, based upon sound and reasoned criteria.

In light of these beliefs, your Committee has amended the measure to clarify its intent regarding the justification for maintaining the specially protected class system and to specifically request that the task force establish or clarify criteria to be used when determining whether additional classes of occupations or persons should be included within the category of specially protected persons. Your Committee has also made technical nonsubstantive amendments for the purpose of style.

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 concurs with the intent and purpose of S.C.R. No. 141, as amended herein, and recommends its adoption in the form attached hereto as S.C.R. No. 141, S.D. 1.