Hawaii 2025 Regular Session

Hawaii Senate Bill SB477 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	THE SENATE S.B. NO. 477 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:
2	2
3	3	THE SENATE S.B. NO. 477
4	4	THIRTY-THIRD LEGISLATURE, 2025
5	5	STATE OF HAWAII
6	6
7	7	THE SENATE
8	8
9	9	S.B. NO.
10	10
11	11	477
12	12
13	13	THIRTY-THIRD LEGISLATURE, 2025
14	14
15	15
16	16
17	17	STATE OF HAWAII
18	18
19	19
20	20
21	21
22	22
23	23
24	24
25	25
26	26
27	27
28	28
29	29
30	30
31	31	A BILL FOR AN ACT
32	32
33	33
34	34
35	35
36	36
37	37	RELATING TO DOMESTIC ABUSE PROTECTIVE ORDERS.
38	38
39	39
40	40
41	41
42	42
43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
44	44
45	45
46	46
47	47	SECTION 1. Section 586-11, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(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. 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: (1) For a first conviction for violation of the order for protection: (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 (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; (2) For a second conviction for violation of the order for protection: (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; (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; (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 (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 (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. 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. 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. 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." 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. SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 4. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
48	48
49	49	SECTION 1. Section 586-11, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
50	50
51	51	"(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. 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:
52	52
53	53	(1) For a first conviction for violation of the order for protection:
54	54
55	55	(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
56	56
57	57	(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;
58	58
59	59	(2) For a second conviction for violation of the order for protection:
60	60
61	61	(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;
62	62
63	63	(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;
64	64
65	65	(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
66	66
67	67	(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
68	68
69	69	(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;
70	70
71	71	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.
72	72
73	73	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.
74	74
75	75	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. 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."
76	76
77	77	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.
78	78
79	79	SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
80	80
81	81	SECTION 4. This Act shall take effect upon its approval.
82	82
83	83
84	84
85	85	INTRODUCED BY: _____________________________
86	86
87	87	INTRODUCED BY:
88	88
89	89	_____________________________
90	90
91	91
92	92
93	93
94	94
95	95	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.
96	96
97	97
98	98
99	99
100	100
101	101	Report Title:
102	102
103	103	Domestic Abuse Protective Orders; Repeat Offenders; Penalties
104	104
105	105
106	106
107	107	Description:
108	108
109	109	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.
110	110
111	111
112	112
113	113
114	114
115	115
116	116
117	117	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.