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HB385
HOUSE OF REPRESENTATIVES
H.B. NO.
385
THIRTY-THIRD LEGISLATURE, 2025
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
]
sixty-five
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-five 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-five 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
]
sixty-five
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-five 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-five 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:
_____________________________
By Request
Report Title:
Honolulu
Prosecuting Attorney Package; Criminal Offenses; Sentencing; Elder Persons
Description:
Removes
state of mind requirement pertaining to a victim's age for felony assaults
aggravated by the victim's age.
�
Raises
the threshold age from 60 years of age or older to 65 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.