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HB851
HOUSE OF REPRESENTATIVES
H.B. NO.
851
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
RELATING
TO SELF DEFENSE
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
����
SECTION
1.
�
The legislature finds that Hawaii
residents have a fundamental right to be safe in their homes.
�
However, the recent rise in violent crimes is
threatening the public's sense of security.
�
According to the Honolulu police department's 2021 annual report, Oahu
has experienced a rise in violent and property-related crimes, including
murder, robbery, aggravated assault, burglary, larceny-theft, and motor vehicle
theft.
����
Although
residents have a right to self-defense when in their homes, including the use
of deadly force if necessary, there is no right to use deadly force at the
person's place of work.
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Accordingly,
the purpose of this Act is to:
����
(1)
�
Clarify that a person who uses deadly force to
protect against death, serious bodily injury, kidnapping, rape, or forcible
sodomy does not have a duty to retreat if the person is in their dwelling, or
on their property, unless the person is the initial aggressor; and
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(2)
�
Repeal statutory language that permits a
person to use deadly force at the person's place of work.
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SECTION
2
.
�
Section 703-304, Hawaii Revised Statutes, is
amended to read as follows:
����
"
�703-304
�
Use of force in self-protection.
�
(1)
�
Subject to the provisions of
this section and [
of
] section 703-308, the use of force upon or toward
another person is justifiable when the actor believes that [
such
]
the
use of
force is immediately necessary for the purpose of protecting [
himself
]
oneself
against the use of unlawful force by the other person on the
present occasion.
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(2)
�
The use of deadly force is justifiable under
this section if the actor believes that deadly force is necessary to protect [
himself
]
oneself
against death, serious bodily injury, kidnapping, rape, or
forcible sodomy.
�
An actor who uses
deadly force in accordance with this subsection shall not have a duty to
retreat under subsection (5) if the actor using deadly force is in the actor's
dwelling or on the actor's property, unless the actor was the initial
aggressor.
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(3)
�
Except as otherwise provided [
in
subsections (4) and (5) of
]
under
this section, a person employing
protective force may estimate the necessity thereof under the circumstances as [
he
]
the person
believes them to be when the force is used without
retreating, surrendering possession, doing any other act [
which he
]
that
the person
has no legal duty to do, or abstaining from any lawful action.
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(4)
�
The use of force is not justifiable under
this section[
:
]
to resist:
����
(a)
�
[
To resist an
]
An
arrest [
which
]
that
the actor knows is being made by a law enforcement officer,
although the arrest is unlawful; or
����
(b)
�
[
To resist force
]
Force
used by
the occupier or possessor of property or by another person on [
his
]
the
occupier or possessor's
behalf, where the actor knows that the person using
the force is doing so under a claim of right to protect the property[
,
except
]
; provided
that this limitation shall not apply if[
:
]
the
actor:
���������
(i)
�
[
The actor is
]
Is
a public
officer acting in the performance of [
his
]
the public officer's
duties [
or
]
,
a person lawfully assisting [
him
]
the
public officer
therein
,
or a person making or assisting in a lawful
arrest; or
��������
(ii)
�
[
The actor believes
]
Believes
that [
such
]
the
force is necessary to protect [
himself
]
oneself
against death [
or
]
,
serious bodily injury[
.
]
,
kidnapping, rape, or forcible sodomy.
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(5)
�
[
The
]
Except as otherwise provided
in subsection (2), the
use of deadly force is not justifiable under this
section if[
:
]
the actor:
����
(a)
�
[
The actor, with
]
With
the
intent of causing death or serious bodily injury[
,
]
or committing
kidnapping, rape, or forcible sodomy,
provoked the use of force against [
himself
]
oneself
in the same encounter; or
����
(b)
�
[
The actor knows
]
Knows
that [
he
can
]
the actor may
avoid the necessity of using [
such
]
deadly
force with complete safety by retreating [
or by
]
,
surrendering
possession of a thing to a person asserting a claim of right thereto
,
or
[
by
] complying with a demand that [
he
]
the actor
abstain
from any action [
which he
]
that
[
:
���������
(i)
�
The actor is not obliged to retreat from
his dwelling or place of work, unless he was the initial aggressor or is
assailed in his place of work by another person whose place of work the actor
knows it to be; and
��������
(ii)
�
A
]
a
public officer justified in
using force in the performance of [
his
]
the public officer's
duties, or a person justified in using force in [
his
] assistance or [
a
person justified in using force
] in making an arrest or preventing an
escape, is not obliged to desist from efforts to perform [
his
]
the
public officer or other justified person's
duty, effect the arrest, or
prevent the escape because of resistance or threatened resistance by or on
behalf of the person against whom the action is directed.
����
(6)
�
The justification afforded by this section [
extends
]
shall only extend
to the use of confinement as protective force [
only
]
if the actor takes all reasonable measures to terminate the confinement as soon
as [
he
]
the actor
knows that [
he
]
the actor
safely
can, unless the person confined has been arrested on a charge of crime."
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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.
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SECTION
4.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.
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SECTION 5.
�
This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Self-Defense; Deadly Force; Duty to Retreat; Safe At Home
Law
Description:
Clarifies that a person who uses deadly force in
self-defense does not have a duty to retreat if they are in their dwelling or
on their property unless they are the initial aggressor.
�
Repeals statutory language that permits a
person to use deadly force at their place of work.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.