Bill Text: HI SB539 | 2019 | Regular Session | Introduced
Bill Title: Relating To Health Care Workers.
Spectrum: Moderate Partisan Bill (Democrat 7-1)
Status: (Introduced - Dead) 2019-01-25 - The committee(s) on CPH deleted the measure from the public hearing scheduled on 01-30-19 9:00AM in conference room 229. [SB539 Detail]
Download: Hawaii-2019-SB539-Introduced.html
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THE SENATE |
S.B. NO. |
539 |
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THIRTIETH LEGISLATURE, 2019 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
Relating to health care workers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that both in Hawaii and nationally, incidents of violence against health care workers are five to twelve times more likely than in other professions, and those numbers are still rising. A 2017 survey of Hawaii hospitals, nursing homes, and home health care agencies found a record number of one thousand seventy‑five incidents of assault against workers. The legislature further finds that health care workers are particularly vulnerable to attack in part because of the generally public and unsecured nature of their workplaces.
Act 147, Session Laws of Hawaii 2018, expanded protection for certain health care workers by penalizing assault against them as felony assault in the second degree. The legislature finds that extending this protection to other workers who support the functions of health care facilities, including administrators, students, and volunteers, will increase retention of and provide necessary protections for vulnerable health care professionals working alongside their protected colleagues.
The purpose of this Act is to extend protections to workers who support the functions of health care facilities, including administrators, students, and volunteers, by classifying assault against these workers as felony assault in the second degree.
SECTION 2. 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) [The person
intentionally,] Intentionally, knowingly, or recklessly causes
substantial bodily injury to another;
(b) [The
person recklessly] Recklessly causes serious bodily injury to
another;
(c) [The
person intentionally] 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] Intentionally or knowingly causes bodily
injury to another with a dangerous instrument;
(e) [The
person intentionally] 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] 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) [The
person intentionally] 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) [The person
intentionally] 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) [The
person intentionally] 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) [The
person intentionally] 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"
shall include 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[;], and any other workers who support the functions of
the health care facility, including administrators, students, and volunteers;
(k) [The
person intentionally] 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; or
(l) [The person
intentionally] 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."
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.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Health Care Workers; Felony Assault in the Second Degree; Penal Code
Description:
Makes intentionally or knowingly causing bodily injury to certain health care facility workers a Class C felony.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
