§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.
Structure Hawaii Revised Statutes
706. Disposition of Convicted Defendants
706-600 Sentence in accordance with this chapter. §706-600 Commentary:
706-600.5 Definitions of terms in this chapter.
706-601 Pre-sentence diagnosis and report. §706-601 Commentary:
706-602 Pre-sentence diagnosis, notice to victims, and report. §706-602 Commentary:
706-603 DNA analysis monetary assessment; DNA registry special fund. §706-603 Commentary:
706-605 Authorized disposition of convicted defendants. §706-605 Commentary:
706-605.1 Intermediate sanctions; eligibility; criteria and conditions.
706-605.6 Assault against a sports official.
706-606 Factors to be considered in imposing a sentence.
706-606.3 Expedited sentencing program.
706-606.4 Sentencing in enumerated offenses committed in the presence of a minor.
706-606.5 Sentencing of repeat offenders.
706-606.6 Repeat violent and sexual offender; enhanced sentence.
706-607 Civil commitment in lieu of prosecution or of sentence. §706-607 Commentary:
706-610 Classes of felonies. §706-610 Commentary:
706-620 Authority to withhold sentence of imprisonment. §706-620 Commentary:
706-621 Factors to be considered in imposing a term of probation. §706-621 Commentary:
706-622 Requirement of probation; exception.
706-622.5 Sentencing for drug offenders; expungement.
706-622.8 First-time drug offender prior to 2004; probation; expungement
706-622.9 Sentencing for first-time property offenders; expungement.
706-623 Terms of probation. §706-623 Commentary:
706-624 Conditions of probation. §706-624 Commentary:
706-624.5 Notice of probation.
706-625 Revocation, modification of probation conditions. §706-625 Commentary:
706-626 Summons or arrest of defendant on probation; commitment without bail. §706-626 Commentary:
706-627 Tolling of probation. §706-627 Commentary:
706-630 Discharge of defendant. §706-630 Commentary:
706-631 Probation is a final judgment for other purposes.
706-641 Criteria for imposing fines. §706-641 Commentary:
706-642 Time and method of payment.
706-645 Revocation of fine or restitution.
706-648 Probation services fee.
706-650 Drug demand reduction assessments; special fund.
706-650.5 Human trafficking victim services fund.
706-651 Payments by defendant; order of priority.
706-657 Enhanced sentence for second degree murder.
706-659 Sentence of imprisonment for class A felony.
706-661 Extended terms of imprisonment.
706-662 Criteria for extended terms of imprisonment. § §706-661 and 706-662 Commentary:
706-663 Sentence of imprisonment for misdemeanor and petty misdemeanor. §706-663 Commentary:
706-664 Procedure for imposing extended terms of imprisonment.
706-665 Former conviction in another jurisdiction.
706-666 Definition of proof of conviction.
706-667 Young adult defendants. §706-667 Commentary:
706-668.5 Multiple sentence of imprisonment.
706-669 Procedure for determining minimum term of imprisonment. §706-669 Commentary:
706-670.5 Notice of parole or final unconditional release.