PART II. 
OBSTRUCTION OF PUBLIC ADMINISTRATION



 



§710-1010  Obstructing government
operations.  (1)  A person commits the offense of obstructing government
operations if, by using or threatening to use violence, force, or physical
interference or obstacle, the person intentionally obstructs, impairs, or
hinders:



(a) The performance of a governmental function by a
public servant acting under color of the public servant's official authority;



(b) The enforcement of the penal law or the
preservation of the peace by a law enforcement officer acting under color of
the law enforcement officer's official authority; or



(c) The operation of a radio, telephone, television,
or other telecommunication system owned or operated by the State or one of its
political subdivisions.



(2)  This section does not apply to:



(a) The obstruction, impairment, or hindrance of the
making of an arrest; or



(b) The obstruction, impairment, or hindrance of any
governmental function, as provided by law, in connection with a labor dispute
with the government.



(3)  Obstruction of government operations is a
misdemeanor. [L 1972, c 9, pt of §1; am L 1980, c 150, §1; am L 1991, c 223,
§2; gen ch 1993; am L 2001, c 91, §3]



 



COMMENTARY ON §710-1010



 



  This section penalizes intentional interference with any
level of government within the State.  Subsection (1)(a) is addressed to
governmental functions generally, subsection (1)(b) insures that peace officers
acting under color of official authority are covered.  Although subsection
(1)(b) may not be needed, redundancy is to be preferred over ambiguity.



  Two areas are specifically excepted from the operation of
this section.  The first excepted area, that of the making of an arrest, is
covered under §710-1026 of this chapter.  The second exception, that of labor
disputes involving the government, is an area of conflicting policies.



A labor dispute involving government employees...presents
special problems.  Without the subsection [(2)(b)] exemption, activities which
might constitute no more than tortious unfair labor practices in the context of
normal industrial disputes would take on the added burden of criminal liability
when the employer interfered with was the Government...  [W]hile such activity
should not necessarily be protected, the appropriate sanctions should be
determined by labor legislation, not the Criminal Code....[1]



  This section requires that the obstruction be by means of
violence, force, or physical interference.  The Code takes the position that in
many instances of nonfeasance by private individuals, e.g., by a failure to
file a report required by law, the possibility of misdemeanor liability is too
severe a sanction.  In those cases where failure to do some act is attended by
a substantial danger of disruption of governmental functions, special sections
have been drafted to deal with the problems.[2]



  Previous Hawaii law dealt with obstruction of governmental
operations on an ad hoc basis; the previous coverage was somewhat spotty and
the cases covered carried different penalties.[3]  Under previous law, threats
of violence against public officials were penalized as misdemeanors.[4]  The
Code seeks to extend the coverage of prior law to encompass protection of all
governmental functions and to standardize the available penalties.



 



SUPPLEMENTAL COMMENTARY ON §710-1010



 



  The Code as adopted by the Legislature in 1972 differs from
the Proposed Draft in that in subsection (2)(b), the words "as provided by
law" were inserted after the word "function."



  Act 150, Session Laws 1980, reduced the offense from a
misdemeanor to a petty misdemeanor.  In view of the relatively light sentences
being imposed by the courts, the classification for the offense was changed to
a petty misdemeanor in order to keep the cases in the district court, thus
reducing the congestion in the circuit court and expediting the disposition of
these cases.  Senate Standing Committee Report No. 693-80, House Standing
Committee Report No. 874-80.



  Act 91, Session Laws 2001, clarified the offense of
obstructing government operations by adding the operation of a radio,
telephone, television, or other telecommunication system owned or operated by
the State or a county.  Electronic communications are utilized extensively by
State and local governments, i.e., counties.  Current law did not cover
intentional obstruction, impairment, or hindering of radio, telephone,
television, or other telecommunication systems owned or operated by the State
or counties.  Act 91 closed that gap. 



  Also, the term "peace officer", as used in the
Penal Code, caused the Intermediate Court of Appeals to question whether the
term meant "law enforcement officer".  Act 91 resolved the ambiguity
by substituting that term for "peace officer" [throughout the Penal
Code].  Conference Committee Report No. 23.



 



__________



§710-1010 Commentary:



 



1.  Prop. Mich. Rev. Cr. Code, comments at 329.



 



2.  E.g., §§710-1011, 1012.



 



3.  E.g., H.R.S. §§65-50 (interfering with the Kauai fire
department), 66-48 (interfering with the Maui fire department), 740-12 (interfering
with fish and game wardens), 121-33 (interfering with the National Guard).



 



4.  H.R.S. §725-6.