RELATING TO DOMESTIC ABUSE PROTECTIVE ORDERS.

HB301

HOUSE OF REPRESENTATIVES

H.B. NO.

301

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:

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SECTION
1
.
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Section 586-11, Hawaii Revised Statutes, is
amended by amending subsection (a) to read as follows:

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"
(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[
.
]
for a first conviction and a
class C felony for a second or subsequent conviction.
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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.
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The court additionally shall sentence a person
convicted under this section as follows:

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(1)
�
For
a first conviction for violation of the order for protection:

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(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

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(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 and be fined
no less than $150 nor more than $500;

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(2)
�
For
a second conviction for violation of the order for protection:

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(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
]
thirty days
and be fined no more than $250;

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(B)
�
That
is in the nature of 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 [
thirty
]

sixty
days and be fined no less than $250 nor more than $1,000;

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(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
]
thirty days
and be fined no more than $250; or

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(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
]
thirty days
and be
fined no more than $150; and

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(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
]
no
less than [
thirty
]
ninety

days and be fined [
not
]
no
less than [
$250
]
$500

nor more than [
$1,000;
]
$2,000;

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.
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The court may stay the imposition of the
sentence if special circumstances exist.

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The court may suspend any jail sentence
under [
subparagraphs
]
paragraphs
(1)(A) and (2)(C), upon
condition that the defendant remain alcohol- and drug-free, conviction-free, or
complete court-ordered assessments or intervention.
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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.
"

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SECTION 2.
�
This Act does
not affect rights and duties that matured, penalties that were incurred, and
proceedings that were begun before its effective date.

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SECTION 3.
�

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

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SECTION 4.
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This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Domestic
Abuse Protective Orders; Repeat Offenders; Penalties

Description:

Makes a
second or subsequent conviction for violation of a domestic abuse protective
order a class C felony.
�
Increases the sentencing
requirements for second or subsequent convictions.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.