RELATING TO THE NATIONAL GUARD.

HB1063

HOUSE OF REPRESENTATIVES

H.B. NO.

1063

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO THE NATIONAL GUARD.

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

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

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

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(a)
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Intentionally,
knowingly, or recklessly causes substantial bodily injury to another;

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(b)
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Recklessly
causes serious bodily injury to another;

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(c)
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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;

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(d)
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Intentionally
or knowingly causes bodily injury to another with a dangerous instrument;

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(e)
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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.
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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;

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(f)
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Intentionally
or knowingly causes bodily injury to any emergency medical services provider
who is engaged in the performance of duty.
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For the purposes of this paragraph, "emergency 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, respiratory therapists,
laboratory technicians, radiology technicians, and social workers, providing
services in the emergency room of a hospital;

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REVISED:
October 22, 2024

1ST
DRAFT DATE: September 5, 2024

(g)
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Intentionally or knowingly causes bodily injury to a person
employed at a state-operated or ‑contracted mental health facility.
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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;

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

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

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(ii)
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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;

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(i)
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Intentionally
or knowingly causes bodily injury to any firefighter or water safety officer
who is engaged in the performance of duty.
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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;

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(j)
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Intentionally
or knowingly causes bodily injury to a person who is engaged in the performance
of duty at a health care facility as defined in section 323D-2.
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For purposes of this paragraph, "a
person who is engaged in the performance of duty at a health care facility"
includes health care professionals as defined in section 451D-2, physician
assistants, surgical assistants, advanced practice registered nurses, nurse
aides, respiratory therapists, laboratory technicians, and radiology
technicians;

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(k)
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Intentionally
or knowingly causes bodily injury to a person who is engaged in providing home
health care services, as defined in section 431:10H-201;

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(l)
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Intentionally
or knowingly causes bodily injury to a person, employed or contracted to work
by a mutual benefit society, as defined in section 432:1-104, to provide case
management services to an individual in a hospital, health care provider's
office, or home, while that person is engaged in the performance of those
services;

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(m)
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Intentionally
or knowingly causes bodily injury to a person who is sixty years of age or
older and the age of the injured person is known or reasonably should be known
to the person causing the injury; [
or
]

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(n)
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Intentionally
or knowingly causes bodily injury to a sports official who is engaged in the
lawful discharge of the sports official's duties.
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For the purposes of this paragraph, "sports
official" and "lawful discharge of the sports official's duties"
have the same meaning as in section 706-605.6 [
.
]
; or

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(o)
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Intentionally
or knowingly causes bodily injury to a national guard member who is engaged in
the performance of duty.
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For purposes of
this paragraph, "national guard member" means a member of the
national guard on any duty or service done under or in pursuance of an order or
call of the governor or the President of the United States or any proper
authority as provided by law.
"

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

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

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

INTRODUCED BY:

_____________________________

BY REQUEST

Report Title:

Militia; National Guard; Assault in the Second Degree

Description:

Specifies that intentionally or knowingly causing bodily
injury to a national guard member in the performance of duty is a class C
felony.

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