HB 383: RELATING TO ORDERS FOR PROTECTION.
- Session Year: 2025-2026
- House: House
- Latest Version Date: 2025-02-13
Current Status:
Failed
(2025-12-08: Carried over to 2026 Regular Session.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
Reinstates mandatory minimum jail sentences for successive violations of the same order for protection. Removes the distinction between domestic and non-domestic violations of an order for protection. Effective 7/1/3000. (HD1)
Reinstates mandatory minimum jail sentences for successive violations of the same order for protection. Removes the distinction between domestic and non-domestic violations of an order for protection. Eliminates the court's ability to suspend mandatory minimum sentences.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
383 |
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THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO ORDERS FOR PROTECTION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 586-11, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Whenever an order for protection is granted pursuant to this chapter, a respondent or person to be restrained who knowingly or intentionally violates the order for protection shall be guilty of a misdemeanor. A person convicted under this section shall be ordered by the court to complete an assessment at any available domestic violence program and shall complete a domestic violence intervention or anger management course as determined by the domestic violence program. The court additionally shall sentence a person convicted under this section as follows:
(1) For
a first conviction for violation of the order for protection[:
(A) That is in the nature of non-domestic abuse, the person may be
sentenced to a jail sentence of forty-eight hours and be fined no more than
$150; or
(B) That is in the nature of domestic abuse, the person shall be
sentenced to a mandatory minimum jail sentence of no less than forty-eight
hours and be fined no less than $150 nor more than $500;], the person
shall be sentenced to a mandatory minimum jail sentence of forty-eight hours
and be fined no more than $150; provided that a conviction of a temporary
restraining order under section 586-4(e), issued under the same judicial case
number as the order for protection, shall be treated as a second or subsequent
violation of an order for protection;
(2) For
a second conviction for violation of the order for protection[:
(A) That is in the nature of non-domestic abuse, and occurs after a
first conviction for violation of the same order that was in the nature of
non-domestic abuse, the person shall be sentenced to a mandatory minimum jail
sentence of no less than forty-eight hours and be fined no more than $250;
(B) That is in the nature of domestic abuse, and occurs after a
first conviction for violation of the same order that was in the nature of
domestic abuse, the person shall be sentenced to a mandatory minimum jail
sentence of no less than thirty days and be fined no less than $250 nor more
than $1,000;
(C) That is in the nature of non-domestic abuse, and occurs after a
first conviction for violation of the same order that was in the nature of
domestic abuse, the person shall be sentenced to a mandatory minimum jail
sentence of no less than forty-eight hours and be fined no more than $250; or
(D) That is in the nature of domestic abuse, and occurs after a
first conviction for violation of the same order that is in the nature of
non-domestic abuse, the person shall be sentenced to a mandatory minimum jail
sentence of no less than forty-eight hours and be fined no more than $150; and],
the person shall be sentenced to a mandatory minimum jail sentence of no less
than thirty days and be fined no more than $250; and
(3) For
any subsequent violation that occurs after a second conviction for violation of
the same order for protection, the person shall be sentenced to a mandatory
minimum jail sentence of [not] no less than [thirty] forty-five
days and be fined [not] no less than $250 [nor] but no
more than $1,000;
provided that the court shall not sentence a defendant to pay a fine unless the defendant is or will be able to pay the fine.
Upon conviction and sentencing of the defendant, the court shall order that the defendant immediately be incarcerated to serve the mandatory minimum sentence imposed; provided that the defendant may be admitted to bail pending appeal pursuant to chapter 804. The court may stay the imposition of the sentence if special circumstances exist.
The court may suspend any jail sentence under subparagraphs (1)(A) and (2)(C), upon condition that the defendant remain alcohol- and drug-free, conviction-free, or complete court-ordered assessments or intervention. Nothing in this section shall be construed as limiting the discretion of the judge to impose additional sanctions authorized in sentencing for a misdemeanor offense. All remedies for the enforcement of judgments shall apply to this chapter."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 3000.
Report Title:
Honolulu Prosecuting Attorney Package; Criminal Offenses; Sentencing; Violation of Order for Protection
Description:
Reinstates mandatory minimum jail sentences for successive violations of the same order for protection. Removes the distinction between domestic and non-domestic violations of an order for protection. Effective 7/1/3000. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
383 |
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THIRTY-THIRD LEGISLATURE, 2025 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to orders for protection.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 586-11, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Whenever an order for protection is granted pursuant to this chapter, a respondent or person to be restrained who knowingly or intentionally violates the order for protection shall be guilty of a misdemeanor. A person convicted under this section shall be ordered by the court to complete an assessment at any available domestic violence program and shall complete a domestic violence intervention or anger management course as determined by the domestic violence program. The court additionally shall sentence a person convicted under this section as follows:
(1) For
a first conviction for violation of the order for protection[:
(A) That is in the nature of non-domestic abuse, the person may be
sentenced to a jail sentence of forty-eight hours and be fined no more than
$150; or
(B) That is in the nature of domestic abuse, the person shall be
sentenced to a mandatory minimum jail sentence of no less than forty-eight
hours and be fined no less than $150 nor more than $500;], the person
shall be sentenced to a mandatory minimum jail sentence of forty-eight hours
and be fined no more than $150;
(2) For
a second conviction for violation of the order for protection[:
(A) That is in the nature of non-domestic abuse, and occurs after a
first conviction for violation of the same order that was in the nature of
non-domestic abuse, the person shall be sentenced to a mandatory minimum jail
sentence of no less than forty-eight hours and be fined no more than $250;
(B) That is in the nature of domestic abuse, and occurs after a
first conviction for violation of the same order that was in the nature of
domestic abuse, the person shall be sentenced to a mandatory minimum jail
sentence of no less than thirty days and be fined no less than $250 nor more
than $1,000;
(C) That is in the nature of non-domestic abuse, and occurs after a
first conviction for violation of the same order that was in the nature of
domestic abuse, the person shall be sentenced to a mandatory minimum jail
sentence of no less than forty-eight hours and be fined no more than $250; or
(D) That is in the nature of domestic abuse, and occurs after a
first conviction for violation of the same order that is in the nature of
non-domestic abuse, the person shall be sentenced to a mandatory minimum jail
sentence of no less than forty-eight hours and be fined no more than $150; and],
the person shall be sentenced to a mandatory minimum jail sentence of no less
than thirty days and be fined no more than $250; and
(3) For
any subsequent violation that occurs after a second conviction for violation of
the same order for protection, the person shall be sentenced to a mandatory
minimum jail sentence of not less than [thirty] forty-five days and
be fined not less than $250 nor more than $1,000;
provided that the court shall not sentence a defendant to pay a fine unless the defendant is or will be able to pay the fine.
Upon conviction and sentencing of the defendant, the court shall order that the defendant immediately be incarcerated to serve the mandatory minimum sentence imposed; provided that the defendant may be admitted to bail pending appeal pursuant to chapter 804. The court may stay the imposition of the sentence if special circumstances exist.
[The court may suspend any jail sentence
under subparagraphs (1)(A) and (2)(C), upon condition that the defendant remain
alcohol- and drug-free, conviction-free, or complete court-ordered assessments
or intervention.] Nothing in this
section shall be construed as limiting the discretion of the judge to impose
additional sanctions authorized in sentencing for a misdemeanor offense. All remedies for the enforcement of judgments
shall apply to this chapter."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
_____________________________ |
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By Request |
Report Title:
Honolulu Prosecuting Attorney Package; Criminal Offenses; Sentencing; Violation of Order for Protection
Description:
Reinstates mandatory minimum jail sentences for successive violations of the same order for protection. Removes the distinction between domestic and non-domestic violations of an order for protection. Eliminates the court's ability to suspend mandatory minimum sentences.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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Date
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Status
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| Dec 8, 2025 | Carried over to 2026 Regular Session. |
| Feb 14, 2025 | Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Matayoshi, Poepoe, Ward excused (4). |
| Feb 14, 2025 | Reported from HSH (Stand. Com. Rep. No. 668) as amended in HD 1, recommending passage on Second Reading and referral to JHA. |
| Feb 11, 2025 | The committee on HSH recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 9 Ayes: Representative(s) Marten, Olds, Amato, Chun, Keohokapu-Lee Loy, Takayama, Takenouchi, Alcos, Garcia; Ayes with reservations: none; Noes: none; and Excused: none. |
| Feb 6, 2025 | Bill re-scheduled to be heard by HSH on Tuesday, 02-11-25 9:45AM in conference room 329 VIA VIDEOCONFERENCE. |
| Jan 31, 2025 | Bill scheduled to be heard by HSH on Tuesday, 02-11-25 10:00AM in House conference room 329 VIA VIDEOCONFERENCE. |
| Jan 21, 2025 | Referred to HSH, JHA, referral sheet 1 |
| Jan 17, 2025 | Introduced and Pass First Reading. |
| Jan 16, 2025 | Pending introduction. |
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Date
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Description
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Location
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Votes
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| Feb 11, 2025 | The committee on HSH recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Human Services & Homelessness |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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| County of Hawaii, Office of the Prosecuting Attorney | ** Support | |
| Department of the Prosecuting Attorney for the City and County of Honolulu | ** Support | |
| Domestic Violence Action Center | ** Support | |
| Domestic Violence Action Center | *** Support | Feb 11, 2025 |
| Hawaii State Coalition Against Domestic Violence | ** Support | |
| Honolulu Police Department | ** Support | |
| Office of the Public Defender, State of Hawai‘i | *** Against | Feb 11, 2025 |
STAND. COM. REP. NO. 668
Honolulu, Hawaii
, 2025
RE: H.B. No. 383
H.D. 1
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Madame:
Your Committee on Human Services & Homelessness, to which was referred H.B. No. 383 entitled:
"A BILL FOR AN ACT RELATING TO ORDERS FOR PROTECTION,"
begs leave to report as follows:
The purpose of this measure is to:
(1) Reinstate mandatory minimum jail sentences for successive violations of the same order for protection;
(2) Remove the distinction between domestic and non-domestic violations of an order for protection; and
(3) Eliminate the court's ability to suspend mandatory minimum sentences.
Your Committee received testimony in support of this measure from the Honolulu Police Department; County of Hawaii, Office of the Prosecuting Attorney; Department of the Prosecuting Attorney for the City and County of Honolulu; Hawaii State Coalition Against Domestic Violence; Domestic Violence Action Center; and two individuals. Your Committee received testimony in opposition to this measure from the Office of the Public Defender.
Your Committee finds that protective orders are essential tools in preventing further harm to individuals facing threats or violence. However, repeated violations of these orders demonstrate a pattern of disregard for the consequences of the violation and an escalation on behalf of the abusive partner, which highlights the need for stronger enforcement measures. Currently, inconsistencies in sentencing for violations of temporary restraining orders and protective orders undermine their effectiveness, allowing abusers to disregard court mandates with minimal consequences. This measure ensures that all court-issued protections carry the same level of accountability and reinforces the seriousness of protective orders, deterring future violations and providing victims with greater assurance of safety.
Your Committee has amended this measure by:
(1) Clarifying that a conviction of a temporary restraining order issued under the same judicial case number as the order for protection shall be treated as a second or subsequent violation of an order for protection;
(2) Reinstating statutory language that authorizes the court to suspend mandatory minimum sentences under certain conditions;
(3) Changing the effective date to July 1, 3000, to encourage further discussion; and
(4) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
As affirmed by the record of votes of the members of your Committee on Human Services & Homelessness that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 383, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 383, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.
Respectfully submitted on behalf of the members of the Committee on Human Services & Homelessness,
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____________________________ LISA MARTEN, Chair |
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Date
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Testimony PDF
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| Feb 11, 2025 | HB383_TESTIMONY_HSH_02-11-25_.PDF |
Discussed in Hearing
8MIN
House Standing Committee on Human Services & Homelessness
Bill Author
Bill Co-Author(s):