Read the full stored bill text
HB176
HOUSE OF REPRESENTATIVES
H.B. NO.
176
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating
to Domestic abuse protective orders
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
����
SECTION
1
.
�
Section 586-4,
Hawaii Revised Statutes, is amended by amending subsection (e) to read as
follows:
����
"
(e)
�
When a temporary
restraining order is granted and the respondent or person to be restrained
knows of the order, a knowing or intentional violation of the restraining order
is a misdemeanor.
�
A person convicted
under this section shall be ordered by the court to complete an assessment at
any available domestic violence program and shall complete a domestic violence
intervention or anger management course as determined by the domestic violence
program.
�
The court additionally shall
sentence a person convicted under this section as follows:
����
(1)
�
Except
as provided in paragraph (2), for a first conviction for a violation of the
temporary restraining order, the person shall serve a mandatory minimum jail
sentence of [
forty-eight hours
]
fifteen days
and be fined no less
than [
$150
]
$300
nor more than $500;
����
(2)
�
For
a first conviction for a violation of the temporary restraining order, i
f
the person has a prior conviction for any of the following felonies:
���������
(A)
�
Section 707-701
relating to murder in the first degree;
���������
(B)
�
Section 707-701.5
relating to murder in the second degree;
���������
(C)
�
Section 707-710
relating to assault in the first degree;
���������
(D)
�
Section 707-711
relating to assault in the second degree;
���������
(E)
�
Section 707-720
relating to kidnapping;
���������
(F)
�
Section 707-721
relating to unlawful imprisonment in the first degree;
���������
(G)
�
Section 707-730
relating to sexual assault in the first degree;
���������
(H)
�
Section 707-731
relating to sexual assault in the second degree;
���������
(I)
�
Section 707-732
relating to sexual assault in the third degree;
���������
(J)
�
Section 707-733.6
relating to continuous sexual assault of a minor under the age of fourteen
years;
���������
(K)
�
Section 707-750
relating to promoting child abuse in the first degree;
���������
(L)
�
Section 708-810
relating to burglary in the first degree;
���������
(M)
�
Section 708-811
relating to burglary in the second degree;
���������
(N)
�
Section 709-906
relating to abuse of family or household members; or
���������
(O)
�
Section 711-1106.4
relating to aggravated harassment by stalking;
���������
and if any of these offenses
has been committed against a family or household member as defined in section
586-1, the person shall serve a mandatory minimum term of imprisonment of [
fifteen
]
thirty
days and be fined no less than [
$150
]
$350
nor more
than $600;
and
����
(3)
�
For
the second and any subsequent conviction for a violation of the temporary
restraining order, the person shall serve a mandatory minimum jail sentence of [
thirty
]
forty-five
days and be fined no less than [
$250
]
$500
nor
more than $1,000;
provided that the court shall not sentence a
defendant to pay a fine [
unless
]
if, after conducting a financial
review, the court determines
the defendant is or will be [
able
]
unable
to pay the fine.
����
Upon conviction and sentencing of the
defendant, the court shall order that the defendant immediately be incarcerated
to serve the mandatory minimum sentence imposed; provided that the defendant
may be admitted to bail pending appeal pursuant to chapter 804.
�
The court may stay the imposition of the
sentence if special circumstances exist.
����
The court may suspend any jail sentence,
except for the mandatory sentences under paragraphs (1), (2), and (3) upon
condition that the defendant remain alcohol- and drug-free, conviction-free, [
or
]
and
complete court-ordered assessments or intervention.
�
Nothing in this section shall be construed as
limiting the discretion of the judge to impose additional sanctions authorized
in sentencing for a misdemeanor.
"
����
SECTION
2
.
�
Section 586-11,
Hawaii Revised Statutes, is amended by amending subsection (a) to read as
follows:
����
"
(
a)
�
Whenever an order for protection is granted
pursuant to this chapter, a respondent or person to be restrained who knowingly
or intentionally violates the order for protection shall be guilty of a
misdemeanor.
�
A person convicted under
this section shall be ordered by the court to complete an assessment at any
available domestic violence program
and shall complete a domestic violence intervention or anger
management course as determined by the domestic violence program.
�
The court
additionally shall sentence a person convicted under this section as follows:
����
(1)
�
For a first conviction for violation of the order for protection[
:
���������
(A)
�
That is in the nature of non-domestic
abuse, the person may be sentenced to a jail sentence of forty-eight hours and
be fined no more than $150; or
���������
(B)
�
That is in the nature of domestic abuse
],
the person shall be sentenced to a mandatory minimum jail sentence of no less
than [
forty-eight hours
]
thirty days
and be fined no less than [
$150
]
$300
nor more than $500;
����
(2)
�
For [
a
]
the
second
and any subsequent
conviction for violation of the order for protection[
:
���������
(A)
�
That is in the nature of non-domestic
abuse, and occurs after a first conviction for violation of the same order that
was in the nature of non-domestic abuse, the person shall be sentenced to a
mandatory minimum jail sentence of no less than forty-eight hours and be fined
no more than $250;
���������
(B)
�
That is in the nature of domestic abuse,
and
]
that
occurs after a first conviction for violation of the same
order [
that was in the nature of domestic abuse,
]
or conviction for a
violation of the temporary restraining order as defined in section 586-4(e),
the person shall be sentenced to a mandatory minimum jail sentence of no less
than [
thirty
]
forty-five
days and be fined no less than [
$250
]
$500
nor more than $1,000;
��������
[
(C)
�
That is in the nature of non-domestic
abuse, and occurs after a first conviction for violation of the same order that
was in the nature of domestic abuse, the person shall be sentenced to a
mandatory minimum jail sentence of no less than forty-eight hours and be fined
no more than $250; or
���������
(D)
�
That is in the nature of domestic abuse,
and occurs after a first conviction for violation of the same order that is in
the nature of non-domestic abuse, the person shall be sentenced to a mandatory
minimum jail sentence of no less than forty-eight hours and be fined no more
than $150; and
����
(3)
�
For any subsequent violation that occurs
after a second conviction for violation of the same order for protection, the
person shall be sentenced to a mandatory minimum jail sentence of not less than
thirty days and be fined not less than $250 nor more than $1,000;
]
provided that
the court shall not sentence a defendant to pay a fine [
unless
]
if,
after conducting a financial review, the court determines
the defendant is
or will be [
able
]
unable
to pay the fine.
����
Upon
conviction and sentencing of the defendant, the court shall order that the
defendant immediately be incarcerated to serve the mandatory minimum sentence
imposed; provided that the defendant may be admitted to bail pending appeal
pursuant to chapter 804.
�
The court may
stay the imposition of the sentence if special circumstances exist.
����
The court may
suspend any jail sentence under subparagraphs (1)(A) and (2)(C),
upon condition that the defendant remain alcohol- and
drug-free, conviction-free, [
or
]
and
complete court-ordered
assessments or intervention
.
�
Nothing
in this section shall be construed as limiting the discretion of the judge to
impose additional sanctions authorized in sentencing for a misdemeanor
offense.
�
All remedies for the
enforcement of judgments shall apply to this chapter.
"
����
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.
INTRODUCED BY:
_____________________________
Report Title:
Temporary
Restraining Order; Order for Protection; Penalties
Amends:
Increases
the penalties imposed on individuals convicted for violation of a temporary
restraining order and order for protection.
�
Clarifies that the court shall not sentence a defendant to pay a fine
for violating a temporary restraining order or order for protection if, after
conducting a financial review, the court determines the defendant is or will be
unable to pay the fine.
�
Specifies that
the court may suspend certain jail sentence for violation of a temporary
restraining order or order for protection upon condition that the defendant
remain alcohol- and drug-free, conviction-free, and complete court-ordered
assessments or intervention.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.