Bill > HB385

This bill modifies Hawaii's assault laws by changing two key provisions related to crimes against elderly victims. First, it raises the age threshold for enhanced assault protections from 60 to 65 years old, meaning that assaults against individuals 65 and older will be treated with greater legal severity. Second, and importantly, the bill removes the previous requirement that the perpetrator must have known or reasonably should have known the victim's age. Instead, the bill establishes "strict liability" for this aspect of the crime, which means that a person can be prosecuted for assault against a victim 65 or older regardless of whether they were aware of the victim's age. These changes apply to both first-degree assault (causing substantial bodily injury to an older person) and second-degree assault (causing bodily injury to an older person), effectively broadening legal protections for elderly individuals and making it easier to prosecute those who assault them. The bill does not retroactively affect existing legal proceedings or penalties that were already in place before its implementation.

Housing and Urban Affairs

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=HB&billnumber=385&year=2026