STAND. COM. REP. NO.  1037-14

Honolulu, Hawaii

                , 2014

RE:   S.B. No. 2021

      S.D. 1

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Seventh State Legislature

Regular Session of 2014

State of Hawaii

Sir:

     Your Committee on Public Safety, to which was referred S.B. No. 2021, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO RESISTING ARREST,"

begs leave to report as follows:

The purpose of this measure is to protect law enforcement officers and the public by establishing an adequate penalty for an individual who intentionally prevents a law enforcement officer from effecting an arrest by removing or attempting to remove a firearm from the law enforcement officer.  Specifically, this measure:

     (1)  Establishes the offense of resisting arrest in the first degree as a class C felony if a person intentionally prevents a law enforcement officer acting under color of the law enforcement officer's official authority from effecting an arrest by removing or attempting to remove a firearm from the person of a law enforcement officer; and

     (2)  Amends the existing resisting arrest offense to resisting arrest in the second degree.

The Department of the Prosecuting Attorney of the City and County of Honolulu, Office of the Prosecuting Attorney of the County of Hawaii, Office of the Prosecuting Attorney of the County of Kauai, and the Honolulu Police Department supported this measure.

     As affirmed by the record of votes of the members of your Committee on Public Safety that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2021, S.D. 1, 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,

____________________________

HENRY J.C. AQUINO, Chair