RELATING TO ABUSE OF FAMILY OR HOUSEHOLD MEMBERS.

SB2254

THE SENATE

S.B. NO.

2254

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

RELATING
TO ABUSE OF FAMILY OR HOUSEHOLD MEMBERS
.

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

����
SECTION
1
.
�
Section
709-906, Hawaii Revised Statutes, is amended to read as follows:

����
"
�709-906
�
Abuse of family or household members;
penalty.
�

(1)
�
It shall be unlawful for any
person, singly or in concert, to physically abuse a family or household member
or to refuse compliance with the lawful order of a police officer under
subsection (4).
�
The police, in
investigating any complaint of abuse of a family or household member, upon
request, may transport the abused person to a hospital or safe shelter.

����
(2)
�
Any police officer, with or without a
warrant, may arrest a person if the officer has reasonable grounds to believe
that the person is physically abusing, or has physically abused, a family or
household member and that the person arrested is guilty thereof.

����
(3)
�
A police officer who has reasonable grounds
to believe that the person is physically abusing, or has physically abused, a
family or household member shall prepare a written report.

����
(4)
�
Any police officer, with or without a
warrant, shall take the following course of action, regardless of whether the
physical abuse or harm occurred in the officer's presence:

����
(a)
�
The police officer shall make
reasonable inquiry of the family or household member upon whom the officer
believes physical abuse or harm has been inflicted and other witnesses as there
may be;

����
(b)
�
If the person who the police officer
reasonably believes to have inflicted the abuse is eighteen years of age or
older, the police officer lawfully shall order the person to leave the premises
for a period of separation, during which time the person shall not initiate any
contact, either by telephone or in person, with the family or household member;
provided that the person is allowed to enter the premises with police escort to
collect any necessary personal effects.
�

The period of separation shall commence when the order is issued and
shall expire at 6:00 p.m. on the second business day following the day the
order was issued; provided that the day the order is issued shall not be
included in the computation of the two business days;

����
(c)
�
If the person who the police officer
reasonably believes to have inflicted the abuse is under the age of eighteen,
the police officer may order the person to leave the premises for a period of
separation, during which time the person shall not initiate any contact with
the family or household member by telephone or in person; provided that the
person is allowed to enter the premises with police escort to collect any
necessary personal effects.
�
The period
of separation shall commence when the order is issued and shall expire at 6:00
p.m. on the second business day following the day the order was issued;
provided that the day the order is issued shall not be included in the
computation of the two business days.
�

The order of separation may be amended at any time by a judge of the
family court.
�
In determining whether to
order a person under the age of eighteen to leave the premises, the police
officer may consider the following factors:

���������
(i)
�
Age of the person;

��������
(ii)
�
Relationship between the person and the
family or household member upon whom the police officer reasonably believes the
abuse has been inflicted; and

�������
(iii)
�
Ability and willingness of the parent,
guardian, or other authorized adult to maintain custody and control over the
person;

���
(d)
��
All persons who are ordered to leave
as stated above shall be given a written warning citation stating the date,
time, and location of the warning and stating the penalties for violating the
warning.
�
A copy of the warning citation
shall be retained by the police officer and attached to a written report which
shall be submitted in all cases.
�
A third
copy of the warning citation shall be given to the abused person;

���
(e)
��
If the person so ordered refuses to
comply with the order to leave the premises or returns to the premises before
the expiration of the period of separation, or if the person so ordered
initiates any contact with the abused person, the person shall be placed under
arrest for the purpose of preventing further physical abuse or harm to the
family or household member; and

����
(f)
�
The police officer shall seize all
firearms and ammunition that the police officer has reasonable grounds to
believe were used or threatened to be used in the commission of an offense
under this section.

����
(5)
�
Abuse of a family or household member
and refusal to comply with the lawful order of a police officer under
subsection (4) are misdemeanors and the person shall be sentenced as follows:

����
(a)
�
For the first offense the person shall
serve a minimum jail sentence of forty-eight hours; and

����
(b)
�
For a second offense that occurs within
one year of the first conviction, the person shall be termed a "repeat
offender" and serve a minimum jail sentence of thirty days.

����
(6)
�
It shall be a petty misdemeanor for a
person to intentionally or knowingly strike, shove, kick, or otherwise touch a
family or household member in an offensive manner; subject the family member or
household member to offensive physical contact; or exercise coercive control,
as defined in section 586-1, over a family or household member and the person
shall be sentenced as provided in sections 706-640 and 706-663.
�
Upon conviction and sentencing of
the defendant, the court may 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.

����
(7)
�
Whenever a court sentences a person [
or
grants a motion for deferral
] pursuant to subsections (5) and (6), it shall
also require that the offender first complete, within a specified time frame,
an assessment at any available domestic violence intervention program, and then
complete a domestic violence intervention or anger management course as
determined by the domestic violence program, and, if the offense involved the
presence or abuse of a minor, any available parenting classes ordered by the
court.
�
The court shall revoke the
defendant's probation [
or set aside the defendant's deferred acceptance of
guilty plea
] and enter an adjudication of guilt, if applicable, and
sentence or resentence the defendant to the maximum term of incarceration if:

����
(a)
�
The defendant fails to complete, within
the specified time frame, any domestic violence intervention course, anger
management course, or parenting classes ordered by the court; or

����
(b)
�
The defendant violates any other term
or condition of the defendant's probation [
or deferral
] imposed by the
court;

provided
that, after a hearing on an order to show cause, the court finds that the
defendant has failed to show good cause why the defendant has not timely
completed the domestic violence intervention course, anger management course,
or parenting classes, if applicable, or why the defendant violated any other
term or condition of the defendant's sentence.
�

However, the court may suspend any portion of a jail sentence,
except for the mandatory sentences under subsection (5)(a) and (b), upon the
condition that the defendant remain arrest-free and conviction‑free or
complete court-ordered intervention.

����
(8)
�
For a third or any subsequent offense that
occurs within two years of a second or subsequent conviction, the offense shall
be a class C felony.

����
(9)
�
Where the physical abuse consists of
intentionally or knowingly causing bodily injury by impeding the normal
breathing or circulation of the blood by:

����
(a)
�
Applying pressure on the throat or the
neck with any part of the body or a ligature;

����
(b)
�
Blocking the nose and mouth; or

����
(c)
�
Applying pressure to the chest,

abuse of a
family or household member is a class C felony; provided that infliction of
visible bodily injury shall not be required to establish an offense under this
subsection.

����
For
the purposes of this subsection, "bodily injury" shall have the same
meaning as in section 707-700.

����
(10)
�
Where physical abuse occurs in the presence
of a minor, as defined in section 706-606.4, and the minor is a family or
household member less than fourteen years of age, abuse of a family or
household member is a class C felony.

����
(11)
�
Any police officer who arrests a person
pursuant to this section shall not be subject to any civil or criminal
liability; provided that the police officer acts in good faith, upon reasonable
belief, and does not exercise unreasonable force in effecting the arrest.

���
(12)
�

The family or household member who has been physically abused or harmed
by another person may petition the family court, with the assistance of the
prosecuting attorney of the applicable county, for a penal summons or arrest
warrant to issue forthwith or may file a criminal complaint through the
prosecuting attorney of the applicable county.

����
(13)
�
The defendant shall be taken into custody and
brought before the family court at the first possible opportunity.
�
The court may dismiss the petition or hold
the defendant in custody, subject to bail.
�

Where the petition is not dismissed, a hearing shall be set.

����
(14)
�
This section shall not operate as a bar
against prosecution under any other section of this Code in lieu of prosecution
for abuse of a family or household member.

����
(15)
�
It shall be the duty of the prosecuting
attorney of the applicable county to assist any victim under this section in
the preparation of the penal summons or arrest warrant.

����
(16)
�
This section shall not preclude the
physically abused or harmed family or household member from pursuing any other
remedy under law or in equity.

����
(17)
�
When a person is ordered by the court to
complete any domestic violence intervention
course, anger management
course,
or parenting classes, that person shall provide adequate proof
of compliance with the court's order.
�

The court shall order a subsequent hearing at which the person is
required to make an appearance, on a date certain, to determine whether the
person has completed the ordered domestic violence intervention course, anger
management course, or parenting classes.
�

The court may waive the subsequent hearing and appearance where a court
officer has established that the person has completed the intervention ordered
by the court.

����
[
(18)
�
Notwithstanding any provision of law to the
contrary, the court may grant a deferred acceptance of guilty plea pursuant to
chapter 853 for misdemeanor or petty misdemeanor offenses of abuse of a family
or household member when the defendant:

����
(a)
�
Has no prior conviction; or

����
(b)
�
Has not been previously granted a
deferred acceptance of guilty plea,

for any
offense charged in family court under this section regardless of the final
plea.

����
(19)
]

(18)
�
For
the purposes of this section:

����
"Business
day" means any calendar day, except Saturday, Sunday, or any state
holiday.

����
"Family
or household member":

����
(a)
�
Means spouses or reciprocal
beneficiaries, former spouses or reciprocal beneficiaries, persons in a dating
relationship as defined under section 586-1, persons who have a child in
common, parents, children, persons related by consanguinity, and persons jointly
residing or formerly residing in the same dwelling unit; and

����
(b)
�
Does not include those who are, or
were, adult roommates or cohabitants only by virtue of an economic or
contractual affiliation.
"

����
SECTION
2
.
�
Section 853-4,
Hawaii Revised Statutes, is amended by amending subsection (a) to read as
follows:

����
"
(a)
�
This chapter shall not apply when:

����
(1)
�
The offense
charged involves the intentional, knowing, reckless, or negligent killing of
another person;

����
(2)
�
The offense
charged is:

���������
(A)
�
A felony that
involves the intentional, knowing, or reckless bodily injury, substantial
bodily injury, or serious bodily injury of another person; or

���������
(B)
�
A misdemeanor or
petty misdemeanor that carries a mandatory minimum sentence and that involves
the intentional, knowing, or reckless bodily injury, substantial bodily injury,
or serious bodily injury of another person;

���������
[
provided that the
prohibition in this paragraph shall not apply to offenses described in section
709-906(18);
]

����
(3)
�
The offense
charged involves a conspiracy or solicitation to intentionally, knowingly, or
recklessly kill another person or to cause serious bodily injury to another
person;

����
(4)
�
The offense
charged is a class A felony;

����
(5)
�
The offense
charged is nonprobationable;

����
(6)
�
The defendant has
been convicted of any offense defined as a felony by the Hawaii Penal Code or
has been convicted for any conduct that if perpetrated in this State would be
punishable as a felony;

����
(7)
�
The defendant is
found to be a law violator or delinquent child for the commission of any
offense defined as a felony by the Hawaii Penal Code or for any conduct that if
perpetrated in this State would constitute a felony;

����
(8)
�
The defendant has
a prior conviction for a felony committed in any state, federal, or foreign
jurisdiction;

����
(9)
�
A firearm was used
in the commission of the offense charged;

���
(10)
�
The defendant is
charged with the distribution of a dangerous, harmful, or detrimental drug to a
minor;

���
(11)
�
The defendant has
been charged with a felony offense and has been previously granted deferred
acceptance of guilty plea or no contest plea for a prior offense, regardless of
whether the period of deferral has already expired;

���
(12)
�
The defendant has
been charged with a misdemeanor offense and has been previously granted
deferred acceptance of guilty plea or no contest plea for a prior felony,
misdemeanor, or petty misdemeanor for which the period of deferral has not yet
expired;

���
(13)
�
The offense
charged is:

���������
(A)
�
Escape in the
first degree;

���������
(B)
�
Escape in the
second degree;

���������
(C)
�
Promoting prison
contraband in the first degree;

���������
(D)
�
Promoting prison
contraband in the second degree;

���������
(E)
�
Bail jumping in
the first degree;

���������
(F)
�
Bail jumping in
the second degree;

���������
(G)
�
Bribery;

���������
(H)
�
Bribery of or by a
witness;

���������
(I)
�
Intimidating a
witness;

���������
(J)
�
Bribery of or by a
juror;

���������
(K)
�
Intimidating a
juror;

���������
(L)
�
Jury tampering;

���������
(M)
�
Promoting
prostitution;

���������
(N)
�
Abuse of family or
household member [
except as provided in paragraph (2) and section
709-906(18)
];

���������
(O)
�
Sexual assault in
the second degree;

���������
(P)
�
Sexual assault in
the third degree;

���������
(Q)
�
A violation of an
order issued pursuant to chapter 586;

���������
(R)
�
Promoting child
abuse in the second degree;

���������
(S)
�
Promoting child
abuse in the third degree;

���������
(T)
�
Electronic
enticement of a child in the first degree;

���������
(U)
�
Electronic
enticement of a child in the second degree;

���������
(V)
�
Commercial sexual exploitation pursuant to
section 712-1200.5;

���������
(W)
�
Street prostitution and commercial sexual
exploitation under section 712-1207(1)(b) or (2)(b);

���������
(X)
�
Commercial sexual exploitation near schools or
public parks under section 712-1209;

���������
(Y)
�
Commercial sexual exploitation of a minor
under section 712-1209.1;

���������
(Z)
�
Habitual
commercial sexual exploitation under section 712-1209.5;

��������
(AA)
�
Violation
of privacy in the first degree under section 711-1110.9;

��������
(BB)
�
Violation of
privacy in the second degree under section 711-1111(1)(d), (e), (f), (g), or
(h);

��������
(CC)
�
Habitually
operating a vehicle under the influence of an intoxicant under section 291E‑61.5(a);

��������
(DD)
�
Promoting gambling
in the first degree; or

��������
(EE)
�
Promoting gambling
in the second degree;

���
(14)
�
The defendant has
been charged with:

���������
(A)
�
Knowingly or intentionally falsifying any
report required under part XIII of chapter 11, with the intent to circumvent
the law or deceive the campaign spending commission; or

���������
(B)
�
Violating section 11-352 or 11-353; or

���
(15)
�
The defendant
holds a commercial driver's license and has been charged with violating a
traffic control law, other than a parking law, in connection with the operation
of any type of motor vehicle."

����
SECTION 3.
�
Act 19, Session Laws of Hawaii 2020, is
amended by amending section 15 to read as follows:

����
"
SECTION 15.
�
This Act shall take effect on January 1,
2021; provided that [
sections
]
section
2[
, 3, and 4
] shall
be repealed on June 30, 2026; provided further that [
sections
]
section

706-623,
[709‑906, and 853‑4,
] Hawaii Revised Statutes,
shall be reenacted in the form in which [
they
]
it
read on the day
prior to the effective date of this Act."

����
SECTION 4.
�
This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun
before its effective date.

����
SECTION 5.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.

����
SECTION 6.
�
This Act shall take effect upon its approval;
provided that section 3 shall take effect on June 29, 2026.

INTRODUCED BY:

_____________________________

By Request

Report Title:

Honolulu
Prosecuting Attorney Package; Abuse of Family or Household Member; Petty
Misdemeanor; Deferred Acceptance of Guilty Plea

Description:

Maintains
the petty misdemeanor offense of abuse of family or household member by
repealing the sunset of amendments made to sections 709-906 and 853-4, HRS, by Act
19, SLH 2020.
�
Repeals provisions authorizing
a deferred acceptance of a guilty plea for misdemeanor and petty misdemeanor
abuse of family or household members offenses.

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