HOUSE OF REPRESENTATIVES	H.B. NO.	1926
TWENTY-SIXTH LEGISLATURE, 2012		H.D. 1
STATE OF HAWAII		S.D. 1

A BILL FOR AN ACT

RELATING TO ASSAULTS AGAINST MEDICAL SERVICES PROVIDERS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 707-711, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(1)  A person commits the offense of assault in the second degree if:

     (a)  The person intentionally or knowingly causes substantial bodily injury to another;

(b)  The person recklessly causes serious or substantial bodily injury to another;

(c)  The person intentionally or knowingly causes bodily injury to a correctional worker, as defined in section 710-1031(2), who is engaged in the performance of duty or who is within a correctional facility;

     (d)  The person intentionally or knowingly causes bodily injury to another with a dangerous instrument;

     (e)  The person intentionally or knowingly causes bodily injury to an educational worker who is engaged in the performance of duty or who is within an educational facility.  For the purposes of this paragraph, "educational worker" means any administrator, specialist, counselor, teacher, or employee of the department of education or an employee of a charter school; a person who is a volunteer, as defined in section 90-1, in a school program, activity, or function that is established, sanctioned, or approved by the department of education; or a person hired by the department of education on a contractual basis and engaged in carrying out an educational function;

     (f)  The person intentionally or knowingly causes bodily injury to any [emergency] medical services provider who is engaged in the performance of duty.  For the purposes of this paragraph, ["emergency medical services provider"] "medical services provider" means emergency medical services personnel, as defined in section 321-222, and physicians, physician's assistants, nurses, nurse practitioners, certified registered nurse anesthetists, physical therapists, respiratory therapists, laboratory technicians, radiology technicians, [and] social workers, and other medical services staff providing services in [the emergency room of] a dentist's office, federally qualified health center, home care agency, home health agency, hospice, hospital[;], long-term care facility, medical clinic, physician's office, or a specialized nursing facility; or other licensed or unlicensed medical professional involved in the direct care of patients;

     (g)  The person intentionally or knowingly causes bodily injury to a person employed at a state-operated or ‑contracted mental health facility.  For the purposes of this paragraph, "a person employed at a state-operated or -contracted mental health facility" includes health care professionals as defined in section 451D-2, administrators, orderlies, security personnel, volunteers, and any other person who is engaged in the performance of a duty at a state-operated or -contracted mental health facility;

     (h)  The person intentionally or knowingly causes bodily injury to a person who:

         (i)  The [defendant] person has been restrained from, by order of any court, including an ex parte order, contacting, threatening, or physically abusing pursuant to chapter 586; or

        (ii)  Is being protected by a police officer ordering the defendant to leave the premises of that protected person pursuant to section 709-906(4), during the effective period of that order; or

[[](i)[]] The person intentionally or knowingly causes bodily injury to any firefighter or water safety officer who is engaged in the performance of duty.  For the purposes of this paragraph, "firefighter" has the same meaning as in section 710-1012 and "water safety officer" means any public servant employed by the United States, the State, or any county as a lifeguard or person authorized to conduct water rescue or ocean safety functions."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

Assault; Medical Services Providers

Description:

Expands the offense of assault in the second degree to include harm to certain medical services providers engaged in the performance of duty.  (SD1)

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