Bill Text: HI SB1526 | 2011 | Regular Session | Introduced


Bill Title: Assault; Medical Service Providers

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-01-28 - (S) Referred to JDL. [SB1526 Detail]

Download: Hawaii-2011-SB1526-Introduced.html

THE SENATE

S.B. NO.

1526

TWENTY-SIXTH LEGISLATURE, 2011

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to violence against health care personnel.

 

 

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

 


     SECTION 1.  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:

    (a)   The person intentionally or knowingly causes substantial bodily injury to another;

    (b)   The person recklessly causes serious or substantial bodily injury to another;

    (c)   The person 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)   The person intentionally or knowingly causes bodily injury to another with a dangerous instrument;

    (e)   The person 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)   The person 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"] "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[;], medical clinic, or federally qualified health center; or

    (g)   The person 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."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Assault; Medical Service Providers

 

Description:

Expands the existing law that makes a person who is convicted of assaulting an emergency medical services provider guilty of assault in the second degree to include assaults on medical service providers in nonemergency settings.

 

 

 

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

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