summary
Introduced
01/16/2025
01/16/2025
In Committee
01/21/2025
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)
Rachele Fernandez Lamosao (D)*,
Darius Kila (D)*,
Tyson Miyake (D)*,
Ikaika Olds (D)*,
Amy Perruso (D)*,
Mahina Poepoe (D)*,
Jenna Takenouchi (D)*,
Adrian Tam (D),
Last Action
Referred to JHA, referral sheet 1 (on 01/21/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
Document Type | Source Location |
---|---|
State Bill Page | https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=HB&billnumber=176&year=2025 |
BillText | https://www.capitol.hawaii.gov/sessions/session2025/bills/HB176_.HTM |
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