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HB1758
HOUSE OF REPRESENTATIVES
H.B. NO.
1758
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
RELATING
TO ELDER CRIME VICTIMS
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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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:
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(a)
�
Serious bodily
injury to another person; or
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(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
].
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(2)
�
The state of mind requirement for subsection
(1)(b) of this offense is not applicable to the fact that the person who
sustains 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 sustains substantial bodily
injury was sixty years of age or older.
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[
(2)
]
(3)
�
Assault in the first degree
is a class B felony."
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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:
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(a)
�
Intentionally,
knowingly, or recklessly causes substantial bodily injury to another;
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(b)
�
Recklessly
causes serious bodily injury to another;
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(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;
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(d)
�
Intentionally
or knowingly causes bodily injury to another with a dangerous instrument;
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(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;
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(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;
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(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;
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(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
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(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;
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(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;
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(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;
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(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;
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(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;
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(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
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(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.
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(2)
�
The state of mind requirement for subsection
(1)(m) of this offense is not applicable to the fact that the person who
sustains bodily injury was sixty years of age or older.
�
A person is strictly liable with respect to
the attendant circumstance that the person who sustains bodily injury was sixty
years of age or older.
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[
(2)
]
(3)
�
Assault in the second degree
is a class C felony."
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SECTION
3.
�
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 4.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.
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SECTION 5.
�
This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Minority
Caucus Package; Criminal Offenses; Assault; Elder Persons
Description:
Removes
state of mind requirement pertaining to a victim's age for felony assaults
aggravated by the victim's age.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.