STAND. COM. REP. NO.  558

Honolulu, Hawaii

                , 2011

RE:   H.B. No. 172

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Sir:

     Your Committee on Public Safety & Military Affairs, to which was referred H.B. No. 172 entitled:

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

begs leave to report as follows:

     The purpose of this measure is to protect fire and rescue workers who may encounter physical violence in the performance of their duties, by expanding the offenses of assault against a law enforcement officer in the first and second degree to include assaults against firefighters and water safety officers.  This measure also defines "water safety officer".

     The State Fire Council, Hawaii State Association of Counties, Department of the Prosecuting Attorney of the City and County of Honolulu, Honolulu Fire Department, Kauai Fire Department, the Hawaii Government Employees Association, and several individuals testified in support of this measure.  The National Association of Reformed Criminals opposed this measure.

     Your Committee finds that firefighters and water safety officers are responsible for protecting and rendering aid to citizens in dangerous emergency and rescue situations.  These incidents sometimes involve hostile and volatile situations that can threaten the safety of these workers.  Your Committee notes that, in addition to the protections under this measure, more education should be provided regarding assaults against law enforcement officers, firefighters, and water safety officers.

     As affirmed by the record of votes of the members of your Committee on Public Safety & Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 172 and recommends that it pass Second Reading and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Public Safety & Military Affairs,

____________________________

HENRY J.C. AQUINO, Chair