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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 (TROs) and orders for protection in Hawaii by modifying existing state law. The bill raises mandatory minimum jail sentences and fines for first, second, and subsequent violations, with stricter penalties for offenders who have previous convictions for serious felonies like murder, sexual assault, or domestic abuse. Specifically, a first-time violation now carries a mandatory 15-day jail sentence and a $300 fine (increased from 48 hours and $150), while a second or subsequent violation will result in a 45-day jail sentence and a $500 fine (increased from 30 days and $250). For offenders with prior serious felony convictions, the mandatory jail time increases to 30 days with a $350 fine. The bill also clarifies that courts must conduct a financial review before imposing fines and may only fine defendants who are able to pay. Additionally, the court may suspend jail sentences if the defendant remains alcohol- and drug-free, avoids new convictions, and completes court-ordered assessments or intervention programs. The changes aim to provide stronger legal consequences for domestic abuse protective order violations while allowing some judicial flexibility in sentencing.

Committee Categories

Justice

Sponsors (8)

Last Action

Carried over to 2026 Regular Session. (on 12/08/2025)

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