Hawaii House Bill HB1138

Hawaii 2022 Regular Session

• Introduced: 1/27/21
• Refer: 2/1/21

Caption

Relating To Abuse.

Impact

The potential impact of HB1138 could be significant in terms of legal repercussions for domestic abusers. By increasing the age limit to include all individuals under eighteen who witness abuse, the bill aims to reinforce the seriousness of such actions and deter future incidents. This change could alter the way legal authorities handle cases involving domestic abuse, ensuring that offenders face heightened consequences when minors are involved, no matter their age. The bill also signifies a broader commitment to protect children in potentially harmful environments by minimizing the chances of normalizing abusive behavior.

Summary

House Bill 1138 aims to amend the existing penalties associated with the abuse of family or household members as defined under section 709-906 of the Hawaii Revised Statutes. The core objective of the bill is to change the age classification for minors who witness such abusive acts. Currently, abuse occurring in the presence of a minor under the age of fourteen incurs a certain penalty, while abuse seen by minors aged fourteen to eighteen bears a lesser penalty. This bill proposes that all minors under the age of eighteen should be treated uniformly in such scenarios, thereby ensuring a stricter response to abusive behavior regardless of the minor's exact age.

Contention

Discussions preceding this legislation might reveal points of contention, especially regarding how these changes could affect load on legal systems and the practical implications for law enforcement. Advocates for the bill argue that it would provide a necessary framework to deal with domestic violence more effectively, thereby enhancing child protection laws. Conversely, opponents might express concerns over the fairness of applying uniform penalties regardless of circumstances, positing that the context of each incident should be considered. There may also be discussions surrounding the resources available for prosecuting additional cases as a result of increased charges under this reform.