STAND. COM. REP. NO. 475

Honolulu, Hawaii

RE:    S.B. No. 1025

       S.D. 1

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Sir:

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 1025 entitled:

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

begs leave to report as follows:

     The purpose and intent of this measure is to protect firefighters and water safety officers engaged in the performance of their duties by increasing the penalties for assault on them to a class C felony.

     Your Committee received testimony in support of this measure from the Chair of the State Fire Council and Fire Chief of the Honolulu Fire Department; the Hawai‘i State Association of Counties; the Department of the Prosecuting Attorney of the City and County of Honolulu; the Department of Fire and Public Safety of the County of Maui; and four individuals.  Your Committee received testimony in opposition to this measure from the Office of the Public Defender.

     Your Committee finds that the intent of this measure is to protect firefighters and water safety officers from unnecessary harm from members of the public.  Similar to law enforcement officers, emergency medical service personnel, nurses, and physicians, firefighters and water safety officers may find themselves in hostile and volatile situations, stemming from drug use by or domestic violence between members of the public.  These volatile situations can erupt and place a firefighter or water safety officer in danger, even while the person is trying to continue to perform the person's public safety function.  Your Committee intends that the increased penalties for assault on these public employees will constitute sufficient deterrent to enable these employees to perform their important public safety responsibilities without risking physical injury from the members of the public.

     Your Committee has amended this measure by inserting an effective date of July 1, 2050, to allow for further discussion.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1025, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1025, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

____________________________

CLAYTON HEE, Chair