2020 Hawaii Revised Statutes
Title 37. Hawaii Penal Code
706. Disposition of Convicted Defendants
706-605.6 Assault against a sports official.

§706-605.6 Assault against a sports official. (1) If a person is convicted of the offense of:

(a) Assault in the first degree, as provided by section 707-710;

(b) Assault in the second degree, as provided by section 707-711(a), (b), or (d);

(c) Assault in the third degree, as provided by section 707-712;

(d) Terroristic threatening in the first degree, as provided by section 707-716(a), (e), or (f); or

(e) Terroristic threatening in the second degree, as provided by section 707-717; and

the victim of the offense is a sports official engaged in the lawful discharge of the sports official's duties, the court may order, in the court's discretion, that the defendant, in addition to any other punishment imposed pursuant to chapter 706, be enjoined from attending any sports event of the type at which the sports official was engaged in the lawful discharge of the sports official's duties for a period of up to twelve months from the date of sentencing for a first offense, and for life for a second or subsequent offense.

(2) For the purposes of this section:

"Lawful discharge of the sports official's duty" means the performance of duties of a sports official from the time the sports official arrives at the venue of a sports event and ending when the sports official returns to their residence or business.

"Sports event" means any organized amateur or professional athletic contest in the State.

"Sports official" means a person at a sports event who enforces the rules of the event, such as an umpire, referee, timer, or scorer, or a person who supervises the participants, such as a coach, regardless of whether the person is paid or provides their services as an unpaid volunteer. [L 2020, c 58, §1]

COMMENTARY ON §706-605.6

Act 58, Session Laws 2020, established this section to authorize courts to enjoin a defendant convicted of certain assault or terroristic threatening offenses from attending sports events of the type at which the victim was engaged in the lawful discharge of the victim's duties as a sports official during the commission of the offense. The legislature found that unruly spectators and fans were a contributing factor to a shortage of sports officials in Hawaii, particularly in cases involving threats of bodily harm or assault. The legislature further found that Act 58 would deter these kinds of threats and assaults against sports officials. House Standing Committee Report No. 1253-20.