RELATING TO CRIMES AGAINST SENIORS.

HB444

HOUSE OF REPRESENTATIVES

H.B. NO.

444

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

relating
to crimes against seniors
.

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

����
SECTION
1
.
�
Section
706-660.2, Hawaii Revised Statutes, is amended by amending subsection (1) to
read as follows:

����
"(1)
�
Notwithstanding section 706-669, if not
subjected to an extended term of imprisonment pursuant to section 706-662, a
person shall be sentenced to a mandatory minimum term of imprisonment without
possibility of parole as provided in subsection (2) if[
:

����
(a)
�
The
]
the

person, in the course of committing or attempting to commit a felony, causes
the death or inflicts serious or substantial bodily injury upon another person
who is:

����
[
(i)
]
����
(a)
�
Sixty years of age or older;

����
[
(ii)
]
���
(b)
�
Blind, a paraplegic, or a quadriplegic;
or

����
[
(iii)
]
��
(c)
�
Eight years of age or younger; and

����
[
(b)

Such
]

for paragraph (b) or (c), the
disability is known or reasonably should
be known to the defendant."

����
SECTION
2
.
�
Section
706-662, Hawaii Revised Statutes, is amended to read as follows:

����
"
�706-662
�
Criteria for extended terms of imprisonment.
�

A defendant who has been convicted of a felony may be subject to an
extended term of imprisonment under section 706-661 if it is proven beyond a
reasonable doubt that an extended term of imprisonment is necessary for the
protection of the public and that the convicted defendant satisfies one or more
of the following criteria:

����
(1)
�
The defendant is a
persistent offender in that the defendant has previously been convicted of two
or more felonies committed at different times when the defendant was eighteen
years of age or older;

����
(2)
�
The defendant is a
professional criminal in that:

���������
(a)
�
The circumstances
of the crime show that the defendant has knowingly engaged in criminal activity
as a major source of livelihood; or

���������
(b)
�
The defendant has
substantial income or resources not explained to be derived from a source other
than criminal activity;

����
(3)
�
The defendant is a
dangerous person in that the defendant has been subjected to a psychiatric or
psychological evaluation that documents a significant history of dangerousness
to others resulting in criminally violent conduct, and this history makes the defendant
a serious danger to others.
�
Nothing in
this section precludes the introduction of victim-related data to establish
dangerousness in accord with the Hawaii rules of evidence;

����
(4)
�
The defendant is a
multiple offender in that:

���������
(a)
�
The defendant is
being sentenced for two or more felonies or is already under sentence of
imprisonment for any felony; or

���������
(b)
�
The maximum terms
of imprisonment authorized for each of the defendant's crimes, if made to run consecutively,
would equal or exceed in length the maximum of the extended term imposed or
would equal or exceed forty years if the extended term imposed is for a class A
felony;

����
(5)
�
The defendant is
an offender against the elderly, handicapped, or a minor eight years of age or
younger in that:

���������
(a)
�
The defendant
attempts or commits any of the following crimes:
�
murder, manslaughter, a sexual offense that
constitutes a felony under chapter 707, robbery, felonious assault, burglary,
or kidnapping; and

���������
(b)
�
The defendant, in
the course of committing or attempting to commit the crime, inflicts serious or
substantial bodily injury upon a person who has the status of being:

�������������
(i)
�
Sixty years of age
or older;

������������
(ii)
�
Blind, a
paraplegic, or a quadriplegic; or

�����������
(iii)
�
Eight years of age
or younger; and

�������������
For subparagraph (ii) or (iii),

the person's status is known or reasonably should be known to the
defendant;

����
(6)
�
The defendant is a
hate crime offender in that:

���������
(a)
�
The defendant is
convicted of a crime under chapter 707, 708, or 711; and

���������
(b)
�
The defendant
intentionally selected a victim or, in the case of a property crime, the
property that was the object of a crime, because of hostility toward the actual
or perceived race, religion, disability, ethnicity, national origin, gender
identity or expression, or sexual orientation of any person.
�
For purposes of this subsection, "gender
identity or expression" includes a person's actual or perceived gender, as
well as a person's gender identity, gender-related self-image, gender-related
appearance, or gender-related expression, regardless of whether that gender
identity, gender-related self-image, gender-related appearance, or
gender-related expression is different from that traditionally associated with
the person's sex at birth
; or

����
(7)
�
The defendant is
convicted under section 707-702.5 and the defendant did not remain at the scene
of the crime and render reasonable assistance to an injured person, including
acts and omissions in violation of section 291C-12.
"

����
SECTION
3
.
�
Section
707-710, Hawaii Revised Statutes, is amended by amending subsection (1) to read
as follows:

����
"(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
]."

����
SECTION
4
.
�
Section
707-711, Hawaii Revised Statutes, is amended by amending subsection (1) to read
as follows:

����
"
(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."

����
SECTION
5
.
�
Section
708-812.55, Hawaii Revised Statutes, is amended by amending subsection (1) to
read as follows:

����
"(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."

����
SECTION
6
.
�
Section
708-830.5, Hawaii Revised Statutes, is amended by amending subsection (1) to
read as follows:

����
"
(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."

����
SECTION
7
.
�
Section
708-831, Hawaii Revised Statutes, is amended by amending subsection (1) to read
as follows:

����
"(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."

����
SECTION
8
.
�
Section
708-851, Hawaii Revised Statutes, is amended by amending subsection (1) to read
as follows:

����
"(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
]."

����
SECTION
9
.
�
Section
708-852, Hawaii Revised Statutes, is amended by amending subsection (1) to read
as follows:

����
"(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
]."

����
SECTION 10.
�
This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun
before its effective date.

����
SECTION 11.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.

����
SECTION 12.
�
This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Offenses
Against Seniors; Penal Code; Enhanced Penalties

Description:

Removes
the requirement that a perpetrator of certain crimes knows or reasonably should
know that the victim is a person 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.