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HB2076
HOUSE OF REPRESENTATIVES
H.B. NO.
2076
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
RELATING
TO ASSAULT AGAINST LAW ENFORCEMENT OFFICERS
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION
1.
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The legislature finds that nationwide
data demonstrate an increase in the number of law enforcement officers killed
and assaulted.
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Local police officers are
facing serious dangers in their daily work.
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Furthermore, recruitment and retention of law enforcement officers is a
significant and growing concern across our state and nation.
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The frequency of assaults against law
enforcement officers discourages applicants from joining the force and makes it
difficult to retain senior officers.
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The
purpose of this Act is to establish appropriate sanctions, distinguish
penalties based on the level of the bodily injury sustained by the officer, and
deter future crimes for the offense of assault against a law enforcement
officer in the first degree.
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SECTION
2
.
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Section 707-712.5, Hawaii Revised Statutes,
is amended to read as follows:
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�707-712.5
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Assault against a law enforcement officer in the first degree.
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(1)
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A
person commits the offense of assault against a law enforcement officer in the
first degree if the person:
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(a)
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Intentionally or knowingly causes bodily
injury to a law enforcement officer who is engaged in the performance of duty; [
or
]
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(b)
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Recklessly or negligently causes, with a
dangerous instrument, bodily injury to a law enforcement officer who is engaged
in the performance of duty[
.
]
; or
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(c)
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Recklessly causes serious or substantial
bodily injury to a law enforcement officer who is engaged in the performance of
duty.
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(2)
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Assault of a law enforcement officer in the
first degree is a class C felony.
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The
court shall, at a minimum, sentence the person who has been convicted of this
offense to:
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(a)
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An indeterminate term of imprisonment of five
years, pursuant to section 706-660; or
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(b)
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Five years probation, with conditions to
include a term of imprisonment of not less than [
thirty days
]
six
months
without possibility of suspension of sentence[
.
]
; provided
that a person convicted under subsection (1)(c) shall be subject to a term of
imprisonment of not less than one year without possibility of suspension of
sentence.
"
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SECTION 3.
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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 4.
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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 5.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
By Request
Report Title:
Hawaii
Law Enforcement Coalition Package; Law Enforcement Officers; Assault; Penalties
Description:
Establishes
appropriate sanctions for the offense of assault against a law enforcement
officer in the first degree.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.