RELATING TO CRIMES AGAINST ELDERS.

HB1340

HOUSE OF REPRESENTATIVES

H.B. NO.

1340

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

relating
to crimes against elders
.

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

����
SECTION
1
.
�
Section
707-710, Hawaii Revised Statutes, is amended to read as follows:

����
"
�707-710
�
Assault in the first
degree.
�
(1)
�
A person commits the offense of assault in
the first degree if the person intentionally or knowingly causes:

����
(a)
�
Serious bodily
injury to another person; or

����
(b)
�
Substantial 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
].

����
(2)
�
The requisite state of mind for subsection
(1)(b) of this offense is not applicable to the fact that the person who
sustained substantial bodily injury was sixty years of age or older.
�
A person is strictly liable with respect to
the attendant circumstance that the person who sustained substantial bodily
injury was sixty years of age or older.

����
[
(2)
]
(3)
�
Assault in the first degree is a class B
felony."

����
SECTION
2
.
�
Section
707-711, Hawaii Revised Statutes, is amended to read as follows:

����
"
�707-711
�
Assault in the second degree.
�

(1)
�

A person commits the offense of assault in the second degree if the
person:

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

����
(b)
�
Recklessly
causes serious bodily injury to another;

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

����
(e)
�
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)
�
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" 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;

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

���������
(i)
�
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

��������
(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;

����
(i)
�
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;

����
(j)
�
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.
�
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;

����
(k)
�
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;

����
(l)
�
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;

����
(m)
�
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

����
(n)
�
Intentionally
or knowingly causes bodily injury to a sports official who is engaged
in
the lawful discharge of the sports official's duties
.
�
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.

����
(2)
�

The requisite state of mind for subsection (1)(m) of this
offense is not applicable to the fact that the person who sustained bodily
injury was sixty years of age or older.
�

A person is strictly liable with respect to the attendant circumstance
that the person who sustained bodily injury was sixty years of age or older.

����
[
(2)
]
(3)
�
Assault in the second degree is a class C
felony."

����
SECTION
3
.
�
Section
708-812.55, Hawaii Revised Statutes, is amended to read as follows:

����
"
�708-812.55
�

Unauthorized entry in a dwelling in the first degree.
�
(1)
�
A
person commits the offense of unauthorized entry in a dwelling in the first
degree if the person intentionally or knowingly enters unlawfully into a
dwelling and another person was, at the time of the entry, lawfully present in
the dwelling who:

����
(a)
�
Was sixty years of
age or older [
and the age of the person lawfully present in the dwelling was
known or reasonably should have been known to the person who unlawfully entered
];

����
(b)
�
Was an
incapacitated person; or

����
(c)
�
Had a
developmental disability.

����
(2)
�
For the purposes of this section:

����
"Developmental disability"
shall have the same meaning as in section 333E-2.

����
"Incapacitated
person" shall have the same meaning as in section 560:5-102.

����
(3)
�

Unauthorized entry in a dwelling in the first degree is a class B
felony.

����
(4)
�
It shall be an affirmative defense that
reduces this offense to a misdemeanor that, at the time of the unlawful entry:

����
(a)
�
There was a social
gathering of invited guests at the dwelling the defendant entered;

����
(b)
�
The defendant
intended to join the social gathering as an invited guest; and

����
(c)
�
The defendant had
no intent to commit any unlawful act other than the entry.

����
(5)
�
The requisite state of mind for subsection
(1)(a) of this offense is not applicable to the fact that the person lawfully
present in the dwelling at the time of the entry was sixty years of age or
older.
�
A person is strictly liable with
respect to the attendant circumstance that the person lawfully present in the
dwelling at the time of the entry was sixty years of age or older.
"

����
SECTION
4
.
�
Section
708-830.5, Hawaii Revised Statutes, is amended to read as follows:

����
"
�708-830.5
�
Theft in the first
degree.
�
(1)
�
A person commits the offense of theft in the
first degree if the person commits theft of:

����
(a)
�
Property or services, the value of which
exceeds $20,000;

����
(b)
�
A firearm;

����
(c)
�
Dynamite or other
explosive;

����
(d)
�
Property or
services during an emergency period proclaimed by the governor or mayor
pursuant to chapter 127A, within the area covered by the emergency or disaster
under chapter 127A, the value of which exceeds $300;

����
(e)
�
P
roperty from the
person of another who is sixty years of age or older [
and the age of the
property owner is known or reasonably should be known to the person who commits
theft
];

����
(f)
�
Property or
services, the value of which exceeds $750, from a person who is sixty years of
age or older [
and the age of the property owner is known or reasonably
should be known to the person who commits theft
]; or

����
(g)
�
A motor vehicle or
motorcycle as defined in section 291C-1.

����
(2)
�
The requisite state of mind for subsections
(1)(e) and (1)(f) of this offense is not applicable to the fact that
the owner of the property, provider of the services, or
the individual from whose person the property was taken was sixty years of age
or older
.
�
A person is strictly
liable with respect to the attendant circumstance that the owner of the
property, provider of the services, or the individual from whose person the
property was taken was sixty years of age or older.

����
[
(2)
]
(3)
�
Theft in the first degree is a class B
felony."

����
SECTION
5
.
�
Section
708-831, Hawaii Revised Statutes, is amended to read as follows:

����
"
�708-831
�
Theft in the second
degree.
�
(1)
�
A person commits the offense of theft in the
second degree if the person commits theft of:

����
(a)
�
Property from the
person of another;

����
(b)
�
Property or
services the value of which exceeds $750;

����
(c)
�
An aquacultural
product or part thereof from premises that are fenced or enclosed in a manner
designed to exclude intruders or there is prominently displayed on the premises
a sign or signs sufficient to give notice and reading as follows:
�
"Private Property", "No
Trespassing", or a substantially similar message;

����
(d)
�
Agricultural
equipment, supplies, or products, or part thereof, the value of which exceeds
$100 but does not exceed $20,000, or of agricultural products that exceed
twenty-five pounds, from premises that are fenced, enclosed, or secured in a
manner designed to exclude intruders or where there is prominently displayed on
the premises a sign or signs sufficient to give notice and reading as follows:
�
"Private Property", "No
Trespassing", or a substantially similar message; or if at the point of
entry of the premises, a crop is visible.
�

The sign or signs, containing letters no less than two inches in height,
shall be placed along the boundary line of the land in a manner and in such a
position as to be clearly noticeable from outside the boundary line.
�
Possession of agricultural products without
ownership and movement certificates, when a certificate is required pursuant to
chapter 145, is prima facie evidence that the products are or have been stolen;

����
(e)
�
Agricultural
commodities that are generally known to be marketed for commercial
purposes.
�
Possession of agricultural
commodities without ownership and movement certificates, when a certificate is
required pursuant to section 145-22, is prima facie evidence that the products
are or have been stolen; provided that "agricultural commodities" has
the same meaning as in section 145-21;

����
(f)
�
Property commonly
used to store items of monetary value, including but not limited to any purse,
handbag, or wallet;

����
(g)
�
Property or
services, the value of which exceeds $250, from a person who is sixty years of
age or older [
and the age of the property owner is known or reasonably
should be known to the person who commits theft
]; or

����
(h)
�
An electric gun as
defined in section 134-81.

����
(2)
�
The requisite state of mind for subsection
(1)(g) of this offense is not applicable to the fact that the owner of the
property or provider of the services was sixty years of age or older.
�
A person is strictly liable with respect to
the attendant circumstance that the owner of the property or provider of the
services was sixty years of age or older.

����
[
(2)
]
(3)
�
Theft in the second degree is a class C
felony.
�
A person convicted of committing
the offense of theft in the second degree under subsection (1)(c) and (d) shall
be sentenced in accordance with chapter 706, except that for the first offense,
the court may impose a minimum sentence of a fine of at least $1,000 or two-fold
damages sustained by the victim, whichever is greater."

����
SECTION
6.
�
Section
708-851, Hawaii Revised Statutes, is amended to read as follows:

����
"
�708-851
�
Forgery in the first
degree.
�
(1)
�
A person commits the offense of forgery in
the first degree if, with intent to defraud, the person falsely makes,
completes, endorses, or alters a written instrument, or utters a forged
instrument, or fraudulently encodes the magnetic ink character recognition
numbers, which is or purports to be, or which is calculated to become or to
represent if completed:

����
(a)
�
Part of an issue
of stamps, securities, or other valuable instruments issued by a government or
governmental agency;

����
(b)
�
Part of an issue
of stock, bonds, or other instruments representing interests in or claims
against a corporate or other organization or its property; or

����
(c)
�
All or part of a
deed, will, codicil, contract, assignment, commercial instrument, or other
instrument which does or may evidence, create, transfer, terminate, or
otherwise affect a legal right, interest, obligation, or status and[
:

���������
(i)
�
The
]

the
purported maker or drawer of the written instrument or forged
instrument is a person who is sixty years of age or older[
; and

��������
(ii)
�
The
age of the purported maker or drawer of the written instrument or forged
instrument is known or reasonably should be known to the person who falsely
makes, completes, endorses, or alters the instrument; utters the forged
instrument; or fraudulently encodes the magnetic ink character recognition
numbers of the instrument
].

����
(2)
�
The requisite state of mind for subsection
(1)(c) of this offense is not applicable to the fact that the purported maker
or drawer of the written instrument or forged instrument was sixty years of age
or older.
�
A person is strictly liable
with respect to the attendant circumstance that the purported maker or drawer
of the written instrument or forged instrument was sixty years of age or older.

����
[
(2)
]
(3)
�
Forgery in the first degree is a class B
felony."

����
SECTION
7.
�
Section
708-852, Hawaii Revised Statutes, is amended to read as follows:

����
"
�708-852
�
Forgery in the second
degree.
�
(1)
�
A person commits the offense of forgery in
the second degree if, with intent to defraud, the person:

����
(a)
�
F
alsely makes,
completes, endorses, or alters a written instrument, or utters a forged
instrument, or fraudulently encodes the magnetic ink character recognition
numbers, which is or purports to be, or which is calculated to become or to
represent if completed, a deed, will, codicil, contract, assignment, commercial
instrument, or other instrument which does or may evidence, create, transfer,
terminate, or otherwise affect a legal right, interest, obligation, or status;
or

����
(b)
�
Falsely makes,
completes, endorses, or alters a written instrument, or utters a forged
instrument[
;
] and[
:

���������
(i)
�
The
]

the
purported maker or drawer of the written instrument or forged
instrument is a person who is sixty years of age or older[
; and

��������
(ii)
�
The
age of purported maker or drawer of the written instrument or forged instrument
is known or reasonably should be known to the person who falsely makes,
completes, endorses, or alters a written instrument; or utters a forged
instrument
].

����
(2)
�
The requisite state of mind for subsection
(1)(b) of this offense is not applicable to the fact that the purported maker
or drawer of the written instrument or forged instrument was sixty years of age
or older.
�
A person is strictly liable
with respect to the attendant circumstance that the purported maker or drawer
of the written instrument or forged instrument was sixty years of age or older.

����
[
(2)
]
(3)
�
Forgery in the second degree is a class C
felony."

����
SECTION 8.
�
This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun
before its effective date.

����
SECTION 9.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.

����
SECTION 10.
�
This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Crimes
Against Elders; Strict Liability; Mens Rea; Kupuna

Description:

Establishes
strict liability for crimes against elders with respect to the attendant
circumstance that the victim was sixty years of age or older.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.