Bill

Bill > HB176


HI HB176

HI HB176
Relating To Domestic Abuse Protective Orders.


summary

Introduced
01/16/2025
In Committee
01/21/2025
Crossed Over
Passed
Dead

Introduced Session

2025 Regular Session

Bill Summary

Increases the penalties imposed on individuals convicted for violation of a temporary restraining order and order for protection. Clarifies that the court shall not sentence a defendant to pay a fine for violating a temporary restraining order or order for protection if, after conducting a financial review, the court determines the defendant is or will be unable to pay the fine. Specifies that the court may suspend certain jail sentence for violation of a temporary restraining order or order for protection upon condition that the defendant remain alcohol- and drug-free, conviction-free, and complete court-ordered assessments or intervention.

AI Summary

This bill increases penalties for individuals who violate temporary restraining orders and protective orders in Hawaii by modifying existing state law. The legislation significantly changes sentencing guidelines for such violations, increasing mandatory minimum jail sentences and fines. For a first-time violation, the mandatory minimum jail sentence is raised from 48 hours to 15 days, with fines increasing from $150 to $300. For individuals with prior serious felony convictions involving family or household members, the mandatory minimum jail sentence increases from 15 to 30 days, with fines rising from $150 to $350. Second and subsequent violations now carry a mandatory minimum jail sentence of 45 days and fines between $500 and $1,000. Importantly, the bill introduces a financial review provision that prevents courts from imposing fines on defendants who cannot afford them. The legislation also allows courts to suspend jail sentences under certain conditions, such as the defendant remaining alcohol and drug-free, avoiding new convictions, and completing court-ordered assessments or intervention programs. The goal of these changes appears to be providing more serious consequences for domestic abuse order violations while also offering opportunities for rehabilitation and considering the financial circumstances of offenders.

Committee Categories

Justice

Sponsors (8)

Last Action

Referred to JHA, referral sheet 1 (on 01/21/2025)

bill text


bill summary

Loading...

bill summary

Loading...
Loading...