Hawaii 2023 Regular Session

Hawaii House Bill HB86

Introduced
1/19/23  

Caption

Relating To Safety At Home.

Impact

This legislation will make notable changes to existing laws, particularly Section 703-304 of the Hawaii Revised Statutes, which governs self-defense and the use of force. By removing the statutory allowance for using deadly force in the workplace, the bill intends to emphasize that the right to use such force is strongest in one's home. Supporters argue that this will empower residents to protect themselves without fear of legal repercussions when facing immediate threats in their personal space. Nevertheless, the bill aims to draw a clear line that self-defense claims will be more scrutinized if they occur outside a home environment.

Summary

House Bill 86 aims to enhance the safety of residents in their homes by clarifying the use of deadly force in self-defense situations. The bill establishes that individuals are not required to retreat when using deadly force to defend themselves against serious threats, such as death, serious bodily injury, kidnapping, rape, or forcible sodomy, as long as they are in their dwelling or on their property and are not the initial aggressor. This modification is positioned as a response to growing concerns about the rise in violent crime within communities, particularly on the islands of Hawaii, as highlighted by statistics from the Honolulu Police Department.

Contention

Notable debates surrounding House Bill 86 could center around the implications of expanding self-defense rights and the potential for misuse. Critics may express concerns about the risks associated with broadening the conditions under which deadly force can be justified. They may argue that removing the duty to retreat could lead to unnecessary violence and escalate confrontations, contradicting public safety goals. Insights from law enforcement and community safety advocates will likely play key roles in the discourse surrounding the legislation's efficacy in actually enhancing safety versus creating more opportunities for conflict.

Companion Bills

No companion bills found.

Previously Filed As

HI HB86

Relating To Safety At Home.

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