RELATING TO TEMPORARY RESTRAINING ORDERS.

HB198

HOUSE OF REPRESENTATIVES

H.B. NO.

198

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

relating
to temporary restraining orders
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

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SECTION
1
.
�
Section 586-4, Hawaii Revised Statutes, is
amended by amending subsection (e) to read as follows:

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"
(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:

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(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
]
seventy-two

hours
, undergo mental health counseling,
and be fined [
no
]
not

less than $150 nor more than $500;

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(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:

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(A)
�
Section
707-701 relating to murder in the first degree;

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(B)
�
Section
707-701.5 relating to murder in the second degree;

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(C)
�
Section
707-710 relating to assault in the first degree;

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(D)
�
Section
707-711 relating to assault in the second degree;

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(E)
�
Section
707-720 relating to kidnapping;

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(F)
�
Section
707-721 relating to unlawful imprisonment in the first degree;

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(G)
�
Section
707-730 relating to sexual assault in the first degree;

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(H)
�
Section
707-731 relating to sexual assault in the second degree;

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(I)
�
Section
707-732 relating to sexual assault in the third degree;

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(J)
�
Section
707-733.6 relating to continuous sexual assault of a minor under the age of
fourteen years;

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(K)
�
Section
707-750 relating to promoting child abuse in the first degree;

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(L)
�
Section
708-810 relating to burglary in the first degree;

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(M)
�
Section
708-811 relating to burglary in the second degree;

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(N)
�
Section
709-906 relating to abuse of family or household members; or

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(O)
�
Section
711-1106.4 relating to aggravated harassment by stalking;

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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 days and
be fined [
no
]
not
less than $150 nor more than $600;
and

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(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 days and be fined [
no
]
not

less than $250 nor more than $1,000;

provided
that the court shall not sentence a defendant to pay a fine unless the
defendant is or will be able to pay the fine.

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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.

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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 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.
"

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SECTION 2.
�

Statutory material to be repealed is bracketed and stricken.
�
New statutory material is underscored.

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SECTION 3.
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This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Temporary
Restraining Order; Mandatory Jail Sentence; Increase; Mental Health Counseling

Description:

Increases
the mandatory minimum jail sentence for a first conviction of knowingly or
intentionally violating a temporary restraining order from forty-eight to
seventy-two hours.
�
Requires mandatory
mental health counseling for a first conviction of knowingly or intentionally
violating a temporary restraining order.

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