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Bill > HB291


HI HB291

HI HB291
Relating To Use Of Force In Self-protection.


summary

Introduced
01/17/2025
In Committee
01/21/2025
Crossed Over
Passed
Dead

Introduced Session

2025 Regular Session

Bill Summary

Clarifies when the use of deadly force is not justified. Removes the requirement to retreat or surrender possessions prior to using deadly force.

AI Summary

This bill modifies Hawaii's self-defense law by removing the previous requirement that individuals must retreat or surrender possessions before using force in self-protection. The legislation updates Section 703-304 of the Hawaii Revised Statutes to clarify when the use of force, including deadly force, is justifiable. Specifically, the bill allows individuals to use force when they believe it is immediately necessary to protect themselves against unlawful force, and permits deadly force when the person believes it is necessary to prevent death, serious bodily injury, kidnapping, rape, or forcible sodomy. The bill eliminates the previous provisions that required individuals to retreat or surrender possessions with complete safety before using force, effectively expanding the rights of individuals to defend themselves. The legislative findings note an increase in violent crimes in Hawaii, particularly in Leeward Oahu, which provides context for the proposed changes. The bill uses gender-neutral language, replacing "himself" with "oneself" throughout the text, and maintains existing exceptions for resisting arrest and protecting property rights. The changes will take effect upon the Act's approval and do not impact any rights, penalties, or proceedings that occurred before its effective date.

Committee Categories

Justice

Sponsors (8)

Last Action

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

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