SB 2479: Family Violence; Dating Violence; Child Abuse; Criminal Procedure; Sentencing; Reduced Sentence; Evidence
- Session Year: 2025-2026
- House: Senate
- Latest Version Date: 2026-03-06
Current Status:
Failed
(2026-03-24: The committee(s) on HSH recommend(s) that the measure be deferred.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
Allows a defendant to introduce certain evidence to receive a reduced sentence for certain offenses if the defendant can show that they were subjected to acts of family violence, dating violence, or child abuse, and that the acts were a significant contributing factor for the offense for which the defendant is being sentenced. Allows a defendant to introduce certain relevant evidence when raising the justification defenses of self-defense or defense of others to show that the defendant was subjected to acts of family violence, dating violence, or child abuse by the alleged victim. Allows the circuit court imposing a criminal sentence to correct or reduce the sentence and to suspend or probate all or any part of the sentence imposed. Allows a person previously sentenced by a circuit court to petition the court to be re-sentenced to a reduced sentence if the defendant can show that they were subjected to acts of family violence, dating violence, or child abuse, and that the acts were a significant contributing factor for the offense for which the defendant was sentenced. (SD2)
Allows a defendant to introduce certain evidence to receive a reduced sentence for certain offenses if the defendant can show that they were subjected to acts of family violence, dating violence, or child abuse, and that the acts were a significant contributing factor for the offense for which the defendant is being sentenced. Allows a defendant to introduce certain relevant evidence when raising the justification defenses of self-defense or defense of others to show that the defendant was subjected to acts of family violence, dating violence, or child abuse by the alleged victim. Allows the circuit court imposing a criminal sentence to correct or reduce the sentence and to suspend or probate all or any part of the sentence imposed. Allows a person previously sentenced by a circuit court to petition the court to be re-sentenced to a reduced sentence if the defendant can show that they were subjected to acts of family violence, dating violence, or child abuse, and that the acts were a significant contributing factor for the offense for which the defendant was sentenced. (SD1)
Allows a defendant to introduce certain evidence to receive a reduced sentence for certain offenses if the defendant can show that they were subjected to acts of family violence, dating violence, or child abuse, and that the acts were a significant contributing factor for the offense for which the defendant is being sentenced. Allows a defendant to introduce certain relevant evidence when raising the justification defenses of self defense or defense of others to show that the defendant was subjected to acts of family violence, dating violence, or child abuse by the alleged victim. Allows the circuit court imposing a criminal sentence to correct or reduce the sentence and to suspend or probate all or any part of the sentence imposed. Allows a person previously sentenced by a circuit court to petition the court to be re-sentenced to a reduced sentence if the defendant can show that they were subjected to acts of family violence, dating violence, or child abuse, and that the acts were a significant contributing factor for the offense for which the defendant was sentenced.
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THE SENATE |
S.B. NO. |
2479 |
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THIRTY-THIRD LEGISLATURE, 2026 |
S.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO CRIMINAL PROCEDURE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"§706- Procedure for sentencing when subjected to acts of family violence, dating violence, or child abuse. (1) At the time of sentencing for a felony under chapter 707, the defendant may present evidence that they were subjected to acts of family violence, dating violence, or child abuse, and that the acts were a significant contributing factor for the offense for which the defendant is being sentenced. The following evidence shall be admissible:
(a) Hearsay;
(b) Character evidence;
(c) Evidence indicating the defendant sought law enforcement assistance;
(d) Evidence indicating the defendant sought services from a counselor, social worker, domestic violence program, or other relevant agency or service provider;
(e) Evidence indicating the defendant sought medical attention;
(f) Evidence of prior statements regarding the acts of family violence, dating violence, or child abuse;
(g) Evidence of the effects of battering and post-traumatic stress disorder on the defendant;
(h) Evidence pertaining to the alleged perpetrator's history of other acts of family violence, dating violence, or child abuse, including temporary restraining order petitions, petitions for an order of protection, ex parte orders, and final orders in which the alleged perpetrator is the respondent;
(i) Expert testimony, including facts and circumstances relating to the family violence, dating violence, or child abuse, that are the basis of the expert's opinion; and
(j) Any other evidence that the court determines is of sufficient credibility or probative value.
(2) The court shall impose a sentence as provided in subsection (3) if the court finds that:
(a) By a preponderance of the evidence, the defendant was subject to acts of family violence, dating violence, or child abuse, and the acts were a significant contributing factor to the offense; or
(b) The best interest of justice and welfare of society would be served; provided that the finding shall only be entered with the consent of the State.
(3) Upon a finding provided for in subsection (2):
(a) The court shall sentence a person convicted of a crime punishable by life imprisonment to an indeterminate term of imprisonment of not less than ten years and not more than thirty years; provided that in the court's discretion, the judge may depart from the mandatory minimum sentence when the prosecution and the defendant have agreed to a sentence that is below the mandatory minimum; provided further that notwithstanding any other law to the contrary, the defendant may be eligible for parole in accordance with sections 706-669 and 706-670; and
(b) The court shall sentence a person convicted of a felony other than a felony punishable by life imprisonment to an indeterminate term of imprisonment of not less than one year and not more than one-half the maximum period of time for which the defendant could have been sentenced, by one‑half the maximum fine to which the defendant could have been subjected, or both; provided that notwithstanding any other law to the contrary, the defendant may be eligible for parole in accordance with sections 706‑669 and 706‑670.
(4) For the purposes of this section:
"Child abuse" means:
(a) Any of the offenses described under chapter 707, parts V and VI, when committed against a person under the age of eighteen years; or
(b) Any of the offenses described in paragraph (1) of the definition of "child abuse or neglect" set forth in section 350-1.
"Dating relationship" has the same meaning as defined in section 586-1.
"Dating violence" means the occurrence of one or more of the following acts between persons through whom a current pregnancy has developed or who are currently, or within the last twelve months were, in a dating relationship:
(a) Any felony; or
(b) Commission of the offenses of:
(i) Assault in the third degree under section 707‑712;
(ii) Harassment under section 711-1106; or
(iii) Harassment by stalking under section 711-1106.5.
"Family or household member" has the same meaning as defined in section 709-906.
"Family violence" means the occurrence of one or more of the following acts between family or household members:
(a) Any felony; or
(b) Commission of the offenses of:
(i) Assault in the third degree under section 707‑712;
(ii) Criminal property damage in the third degree under section 708-822;
(iii) Criminal property damage in the fourth degree under section 708-823;
(iv) Abuse of a family or household member under section 709-906;
(v) Harassment under section 711-1106;
(vi) Harassment by stalking under section 711-1106.5;
(vii) Criminal trespass in the first degree under section 708-813; or
(viii) Criminal trespass in the second degree under section 708-814."
SECTION 2. Section 703-304, Hawaii Revised Statutes, is amended to read as follows:
"§703-304
Use of force in self-protection.
(1) Subject to the provisions of
this section and of section 703-308, the use of force upon or toward another
person is justifiable when the actor believes that [such] the
force is immediately necessary for the purpose of protecting [himself] the
actor against the use of unlawful force by the other person on the present
occasion.
(2) The use of deadly force is justifiable under
this section if the actor believes that deadly force is necessary to protect [himself]
the actor against death, serious bodily injury, kidnapping, rape, or
forcible sodomy.
(3) Except as otherwise provided in subsections
(4) and (5) of this section, a person employing protective force may estimate
the necessity thereof under the circumstances as [he] the person
believes them to be when the force is used without retreating, surrendering
possession, doing any other act which [he] the person has no
legal duty to do, or abstaining from any lawful action.
(4) The use of force is not justifiable under this section:
(a) To resist an arrest which the actor knows is being made by a law enforcement officer, although the arrest is unlawful; or
(b) To resist force used by the occupier or
possessor of property or by another person on [his] their behalf,
where the actor knows that the person using the force is doing so under a claim
of right to protect the property, except that this limitation shall not apply
if:
(i) The actor is a public officer acting in
the performance of [his] their duties or a person lawfully
assisting [him] them therein or a person making or assisting in a
lawful arrest; or
(ii) The actor believes that [such] the
force is necessary to protect [himself] themself against death or
serious bodily injury.
(5) The use of deadly force is not justifiable under this section if:
(a) The actor, with the intent of causing
death or serious bodily injury, provoked the use of force against [himself]
themself in the same encounter; or
(b) The actor knows that [he] they
can avoid the necessity of using [such] force with complete safety by
retreating or by surrendering possession of a thing to a person asserting a
claim of right thereto or by complying with a demand that [he] they
abstain from any action which [he has] they have no duty to take[,
except]; provided that:
(i) The actor is not obliged to retreat
from [his] their dwelling or place of work, unless [he] the
actor was the initial aggressor or is assailed in [his] their
place of work by another person whose place of work the actor knows it to be;
and
(ii) A public officer justified in using
force in the performance of [his] their duties, or a person
justified in using force in [his] their assistance or a person
justified in using force in making an arrest or preventing an escape, is not
obliged to desist from efforts to perform [his] their duty,
effect the arrest, or prevent the escape because of resistance or threatened
resistance by or on behalf of the person against whom the action is directed.
(6) The justification afforded by this section
extends to the use of confinement as protective force only if the actor takes
all reasonable measures to terminate the confinement as soon as [he] the
actor knows that [he] they safely can, unless the person
confined has been arrested on a charge of crime.
(7) If a defendant raises the justification afforded by this section for any felony, the defendant may offer relevant evidence that the defendant had been subjected to acts of family violence, dating violence, or child abuse committed by the alleged victim; provided that any evidence introduced under this subsection shall be subject to rules 401, 402, and 403 of the Hawaii Rules of Evidence.
(8) For the purposes of this section:
"Child abuse" has the same meaning as defined in section 706- .
"Dating violence" has the same meaning as defined in section 706- .
"Family violence" has the same meaning as defined in section 706- .
"Relevant evidence" includes:
(a) Evidence pertaining to the alleged victim's prior acts, including:
(i) Evidence indicating the defendant sought law enforcement assistance;
(ii) Evidence indicating the defendant sought services from a counselor, social worker, domestic violence program, or other relevant agency or service provider;
(iii) Evidence indicating the defendant sought medical attention;
(iv) Evidence of the effects of battering and post‑traumatic stress disorder on the defendant; and
(v) Temporary protective order petitions, petitions for an order of protection, ex parte orders, and final orders in which the alleged victim is the respondent;
(b) Expert testimony, including testimony as to relevant facts and circumstances relating to the family violence, dating violence, or child abuse, that are the bases of the expert's opinion; and
(c) Any other evidence the court determines is of sufficient credibility or probative value."
SECTION 3. Section 703-305, Hawaii Revised Statutes, is amended to read as follows:
"§703-305 Use of force for the protection of other persons. (1) Subject to the provisions of this section and of section 703-310, the use of force upon or toward the person of another is justifiable to protect a third person when:
(a) Under the circumstances as the actor believes them to be, the person whom the actor seeks to protect would be justified in using such protective force; and
(b) The actor believes that the actor's intervention is necessary for the protection of the other person.
(2) Notwithstanding subsection (1):
(a) When the actor would be obliged under section
703‑304 to retreat, to surrender the possession of a thing, or to comply
with a demand before using force in self-protection,
the actor is not obliged to do so before using force for the protection of
another person, unless the actor knows that the actor can thereby secure the
complete safety of [such] the other person;
(b) When the person whom the actor seeks to protect would be obliged under section 703-304 to retreat, to surrender the possession of a thing or to comply with a demand if the person knew that the person could obtain complete safety by so doing, the actor is obliged to try to cause the person to do so before using force in the person's protection if the actor knows that the actor can obtain the other's complete safety in that way; and
(c) Neither the actor nor the person whom the actor seeks to protect is obliged to retreat when in the other's dwelling or place of work to any greater extent than in the actor's or the person's own.
(3) If a defendant raises the justification afforded by this section for any felony, the defendant may offer relevant evidence that the defendant had been subjected to acts of family violence, dating violence, or child abuse committed by the alleged victim; provided that any evidence introduced under this subsection shall be subject to rules 401, 402, and 403 of the Hawaii Rules of Evidence.
(4) For the purposes of this section:
"Child abuse" has the same meaning as defined in section 706- .
"Dating violence" has the same meaning as defined in section 706- .
"Family violence" has the same meaning as defined in section 706- .
"Relevant evidence" has the same meaning as defined in section 703-304."
SECTION 4. Section 706-656, Hawaii Revised Statutes, is amended to read as follows:
"§706-656 Terms of imprisonment
for first and second degree murder
and attempted first and second degree murder. (1) [Persons]
Except as provided in subsection 706- , persons twenty-one
years of age or older at the time of the offense who are convicted of first
degree murder or first degree attempted murder shall be sentenced to life
imprisonment without the possibility of parole.
As part of the sentence, the court shall order the director of corrections and rehabilitation and the Hawaii paroling authority to prepare an application for the governor to commute the sentence to life imprisonment with parole at the end of twenty years of imprisonment; provided that persons who are repeat offenders under section 706-606.5 shall serve at least the applicable mandatory minimum term of imprisonment.
[Persons]
Except as provided in subsection 706- , persons under the age
of twenty-one years at the time of the offense who are convicted of first
degree murder or first degree attempted murder shall be sentenced to life
imprisonment with the possibility of parole.
(2) Except as provided in [section] sections
706-657, pertaining to enhanced sentence for second degree murder[,] and
section 706- , pertaining to procedure for sentencing when subjected
to acts of family violence, dating violence, or child abuse, persons
convicted of second degree murder and attempted second degree murder shall be
sentenced to life imprisonment with possibility of parole. The minimum length of imprisonment shall be
determined by the Hawaii paroling authority; provided that persons who are
repeat offenders under section 706-606.5 shall serve at least the applicable
mandatory minimum term of imprisonment.
If the court imposes a sentence of life imprisonment without possibility of parole pursuant to section 706-657, as part of that sentence, the court shall order the director of corrections and rehabilitation and the Hawaii paroling authority to prepare an application for the governor to commute the sentence to life imprisonment with parole at the end of twenty years of imprisonment; provided that persons who are repeat offenders under section 706-606.5 shall serve at least the applicable mandatory minimum term of imprisonment."
SECTION 5. Section 706-657, Hawaii Revised Statutes, is amended to read as follows:
"§706-657
Enhanced sentence for second degree murder. [(a)
The] (1) Unless the
defendant is sentenced pursuant to section 706- , the court may
sentence a person who was twenty‑one years of age or older at the time of
the offense and who has been convicted of murder in the second degree to life
imprisonment without the possibility of parole under section 706-656 if the
court finds that the murder was especially heinous, atrocious, or cruel,
manifesting exceptional depravity or that the person was previously convicted
of the offense of murder in the first degree or murder in the second degree in
this State or was previously convicted in another jurisdiction of an offense
that would constitute murder in the first degree or murder in the second degree
in this State.
[(b)]
(2) Hearings to determine
the grounds for imposing an enhanced sentence for second degree murder may be
initiated by the prosecutor or by the court on its own motion. The court shall not impose an enhanced term
unless the ground therefor has been established at a hearing after the
conviction of the defendant and on written notice to the defendant of the
ground proposed. Subject to the
provision of section 706-604, the defendant shall have the right to hear and
controvert the evidence against the defendant and to offer evidence upon the
issue.
[(c)]
(3) The provisions
pertaining to commutation in section 706-656(2) shall apply to persons
sentenced pursuant to this section.
[(d) As used in] (4) For the purposes of this section:
"Especially heinous, atrocious, or cruel, manifesting exceptional depravity" means a conscienceless or pitiless crime that is unnecessarily torturous to a victim.
"Previously convicted" means a sentence imposed at the same time or a sentence previously imposed that has not been set aside, reversed, or vacated."
SECTION 6. Section 706-659, Hawaii Revised Statutes, is amended to read as follows:
"§706-659
Sentence of imprisonment for class A felony. Notwithstanding part II; sections 706-605,
706-606, 706-606.5, 706-660.1, 706-661, and 706-662; and any other law to the
contrary, a person who has been convicted of a class A felony, except class A
felonies defined in chapter 712, part IV, or section 707-702, shall be
sentenced to an indeterminate term of imprisonment of twenty years without the
possibility of suspension of sentence or probation[.], except as
provided for in section 706- relating to procedure for sentencing
when subjected to acts of family violence, dating violence, or child abuse. The minimum length of imprisonment shall be
determined by the Hawaii paroling authority in accordance with section
706-669. A person who has been convicted
of a class A felony defined in chapter 712, part IV, or section 707-702, may be
sentenced to an indeterminate term of imprisonment, except as provided for in
section 706-660.1 relating to the use of firearms in certain felony offenses
and section 706-606.5 relating to repeat offenders. When ordering such a sentence, the court
shall impose the maximum length of imprisonment which shall be twenty
years. The minimum length of imprisonment
shall be determined by the Hawaii paroling authority in accordance with section
706-669."
SECTION 7. Section 706-660, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
"(1) Except as provided in subsection (2), a
person who has been convicted of a class B or class C felony may be sentenced
to an indeterminate term of imprisonment except as provided for in section
706-660.1 relating to the use of firearms in certain felony offenses [and];
section 706-606.5 relating to repeat offenders[.]; and section
706- relating to procedure for sentencing when subjected to acts of
family violence, dating violence, or child abuse. When ordering [such a] the sentence,
the court shall impose the maximum length of imprisonment which shall be as
follows:
(a) For a class B felony--ten years; and
(b) For a class C felony--five years.
The minimum length of imprisonment shall be determined by the Hawaii paroling authority in accordance with section 706-669."
SECTION 8. Section 806-71, Hawaii Revised Statutes, is amended to read as follows:
"§806-71
Sentence[.]; change in sentence. (a)
Except as otherwise provided by law, in all criminal cases, the court or
judge before which or whom the conviction is had shall proceed as soon
thereafter as may be to pass sentence according to law, which sentence shall be
recorded by the clerk, or by the judge if there is no clerk, and certified to
the sheriff, superintendent of Hawaii state prison, or other appropriate
officer for imprisonment or other punishment, as the case may be; provided that
any person convicted of a felony and sentenced to imprisonment in Hawaii state
prison shall be delivered, together with the certificate of the person's
sentence, to the superintendent of Hawaii state prison at Honolulu.
(b) Within one year of the date upon which the sentence is imposed, or within one hundred twenty days after receipt by the sentencing court of the remittitur upon affirmance of the judgment after direct appeal, whichever is later, the court imposing the sentence shall have the jurisdiction, power, and authority to correct or reduce the sentence and to suspend or probate all or any part of the sentence imposed. The time periods prescribed in subsection (c) shall require the defendant to file a motion within the time periods; provided that the court shall not be constrained to issue its order or hear the matter within the time periods.
Before entering any order correcting, reducing, or modifying any sentence, the court shall afford notice and an opportunity for a hearing to the State. Any order modifying a sentence which is entered without notice and an opportunity for a hearing as provided in this subsection and subsection (c) shall be void. This subsection and subsection (c) shall not limit any other jurisdiction granted to the court in this chapter.
(c) A person who is serving a sentence may submit a petition to the court requesting to be sentenced under section 706- if the petition includes evidence that was not part of the record of the case at any sentencing hearing. The petition shall be filed and determined in accordance with rule 40 of the Hawaii rules of penal procedure."
SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 10. This Act shall take effect on July 1, 2026.
Report Title:
Family Violence; Dating Violence; Child Abuse; Criminal Procedure; Sentencing; Reduced Sentence; Evidence
Description:
Allows a defendant to introduce certain evidence to receive a reduced sentence for certain offenses if the defendant can show that they were subjected to acts of family violence, dating violence, or child abuse, and that the acts were a significant contributing factor for the offense for which the defendant is being sentenced. Allows a defendant to introduce certain relevant evidence when raising the justification defenses of self-defense or defense of others to show that the defendant was subjected to acts of family violence, dating violence, or child abuse by the alleged victim. Allows the circuit court imposing a criminal sentence to correct or reduce the sentence and to suspend or probate all or any part of the sentence imposed. Allows a person previously sentenced by a circuit court to petition the court to be re-sentenced to a reduced sentence if the defendant can show that they were subjected to acts of family violence, dating violence, or child abuse, and that the acts were a significant contributing factor for the offense for which the defendant was sentenced. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
THE SENATE |
S.B. NO. |
2479 |
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THIRTY-THIRD LEGISLATURE, 2026 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO CRIMINAL PROCEDURE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"§706- Procedure for sentencing when subjected to acts of family violence, dating violence, or child abuse. (1) At the time of sentencing for a felony under chapter 707, the defendant may present evidence that they were subjected to acts of family violence, dating violence, or child abuse, and that the acts were a significant contributing factor for the offense for which the defendant is being sentenced. The following evidence shall be admissible:
(a) Hearsay;
(b) Character evidence;
(c) Evidence indicating the defendant sought law enforcement assistance;
(d) Evidence indicating the defendant sought services from a counselor, social worker, domestic violence program, or other relevant agency or service provider;
(e) Evidence indicating the defendant sought medical attention;
(f) Evidence of prior statements regarding the acts of family violence, dating violence, or child abuse;
(g) Evidence of the effects of battering and post-traumatic stress disorder on the defendant;
(h) Evidence pertaining to the alleged perpetrator's history of other acts of family violence, dating violence, or child abuse, including temporary restraining order petitions, petitions for an order of protection, ex parte orders, and final orders in which the alleged perpetrator is the respondent;
(i) Expert testimony, including facts and circumstances relating to the family violence, dating violence, or child abuse, that are the basis of the expert's opinion; and
(j) Any other evidence that the court determines is of sufficient credibility or probative value.
(2) The court shall impose a sentence as provided in subsection (3) if the court finds that:
(a) By a preponderance of the evidence, the defendant was subject to acts of family violence, dating violence, or child abuse, and the acts were a significant contributing factor to the offense; or
(b) The best interest of justice and welfare of society would be served; provided that the finding shall only be entered with the consent of the State.
(3) Upon a finding provided for in subsection (2):
(a) The court shall sentence a person convicted of a crime punishable by life imprisonment to a term of imprisonment of not less than ten years and not more than thirty years; provided that in the court's discretion, the judge may depart from the mandatory minimum sentence when the prosecution and the defendant have agreed to a sentence that is below the mandatory minimum; provided further that notwithstanding any other law to the contrary, the defendant may be eligible for parole; and
(b) The court shall sentence a person convicted of a felony other than a felony punishable by life imprisonment to a term of imprisonment of not less than one year and not more than one-half the maximum period of time for which the defendant could have been sentenced, by one-half the maximum fine to which the defendant could have been subjected, or both.
(4) For the purposes of this section:
"Child abuse" means:
(a) Any of the offenses described under chapter 707, parts V and VI, when committed against a person under the age of eighteen years; or
(b) Any of the offenses described in paragraph (1) of the definition of "child abuse or neglect" set forth in section 350-1.
"Dating relationship" has the same meaning as defined in section 586-1.
"Dating violence" means the occurrence of one or more of the following acts between persons through whom a current pregnancy has developed or who are currently, or within the last twelve months were, in a dating relationship:
(a) Any felony; or
(b) Commission of the offenses of:
(i) Assault in the third degree under section 707‑712;
(ii) Harassment under section 711-1106; or
(iii) Harassment by stalking under section 711-1106.5.
"Family or household member" has the same meaning as defined in section 709-906.
"Family violence" means the occurrence of one or more of the following acts between family or household members:
(a) Any felony; or
(b) Commission of the offenses of:
(i) Assault in the third degree under section 707‑712;
(ii) Criminal property damage in the third degree under section 708-822;
(iii) Criminal property damage in the fourth degree under section 708-823;
(iv) Abuse of a family or household member under section 709-906;
(v) Harassment under section 711-1106;
(vi) Harassment by stalking under section 711-1106.5;
(vii) Criminal trespass in the first degree under section 708-813; or
(viii) Criminal trespass in the second degree under section 708-814."
SECTION 2. Section 703-304, Hawaii Revised Statutes, is amended to read as follows:
"§703-304
Use of force in self-protection.
(1) Subject to the provisions of
this section and of section 703-308, the use of force upon or toward another
person is justifiable when the actor believes that [such] the
force is immediately necessary for the purpose of protecting [himself] the
actor against the use of unlawful force by the other person on the present
occasion.
(2) The use of deadly force is justifiable under
this section if the actor believes that deadly force is necessary to protect [himself]
the actor against death, serious bodily injury, kidnapping, rape, or
forcible sodomy.
(3) Except as otherwise provided in subsections
(4) and (5) of this section, a person employing protective force may estimate
the necessity thereof under the circumstances as [he] the person
believes them to be when the force is used without retreating, surrendering
possession, doing any other act which [he] the person has no
legal duty to do, or abstaining from any lawful action.
(4) The use of force is not justifiable under this section:
(a) To resist an arrest which the actor knows is being made by a law enforcement officer, although the arrest is unlawful; or
(b) To resist force used by the occupier or
possessor of property or by another person on [his] their behalf,
where the actor knows that the person using the force is doing so under a claim
of right to protect the property, except that this limitation shall not apply
if:
(i) The actor is a public officer acting in
the performance of [his] their duties or a person lawfully
assisting [him] them therein or a person making or assisting in a
lawful arrest; or
(ii) The actor believes that [such] the
force is necessary to protect [himself] themself against death or
serious bodily injury.
(5) The use of deadly force is not justifiable under this section if:
(a) The actor, with the intent of causing
death or serious bodily injury, provoked the use of force against [himself]
themself in the same encounter; or
(b) The actor knows that [he] they
can avoid the necessity of using [such] force with complete safety by
retreating or by surrendering possession of a thing to a person asserting a
claim of right thereto or by complying with a demand that [he] they
abstain from any action which [he has] they have no duty to take[,
except]; provided that:
(i) The actor is not obliged to retreat
from [his] their dwelling or place of work, unless [he] the
actor was the initial aggressor or is assailed in [his] their
place of work by another person whose place of work the actor knows it to be;
and
(ii) A public officer justified in using
force in the performance of [his] their duties, or a person
justified in using force in [his] their assistance or a person
justified in using force in making an arrest or preventing an escape, is not
obliged to desist from efforts to perform [his] their duty,
effect the arrest, or prevent the escape because of resistance or threatened
resistance by or on behalf of the person against whom the action is directed.
(6) The justification afforded by this section
extends to the use of confinement as protective force only if the actor takes
all reasonable measures to terminate the confinement as soon as [he] the
actor knows that [he] they safely can, unless the person
confined has been arrested on a charge of crime.
(7) If a defendant raises the justification afforded by this section for any felony, the defendant may offer relevant evidence that the defendant had been subjected to acts of family violence, dating violence, or child abuse committed by the alleged victim; provided that any evidence introduced under this subsection shall be subject to rules 401, 402, and 403 of the Hawaii Rules of Evidence.
(8) For the purposes of this section:
"Child abuse" has the same meaning as defined in section 706- .
"Dating violence" has the same meaning as defined in section 706- .
"Family violence" has the same meaning as defined in section 706- .
"Relevant evidence" includes:
(a) Evidence pertaining to the alleged victim's prior acts, including:
(i) Evidence indicating the defendant sought law enforcement assistance;
(ii) Evidence indicating the defendant sought services from a counselor, social worker, domestic violence program, or other relevant agency or service provider;
(iii) Evidence indicating the defendant sought medical attention;
(iv) Evidence of the effects of battering and post-traumatic stress disorder on the defendant; and
(v) Temporary protective order petitions, petitions for an order of protection, ex parte orders, and final orders in which the alleged victim is the respondent;
(b) Expert testimony, including testimony as to relevant facts and circumstances relating to the family violence, dating violence, or child abuse, that are the bases of the expert's opinion; and
(c) Any other evidence the court determines is of sufficient credibility or probative value."
SECTION 3. Section 703-305, Hawaii Revised Statutes, is amended to read as follows:
"§703-305 Use of force for the protection of other persons. (1) Subject to the provisions of this section and of section 703-310, the use of force upon or toward the person of another is justifiable to protect a third person when:
(a) Under the circumstances as the actor believes them to be, the person whom the actor seeks to protect would be justified in using such protective force; and
(b) The actor believes that the actor's intervention is necessary for the protection of the other person.
(2) Notwithstanding subsection (1):
(a) When the actor would be obliged under section 703-304 to retreat, to surrender the possession of a thing, or to comply with a demand before using force in self-protection, the actor is not obliged to do so before using force for the protection of another person, unless the actor knows that the actor can thereby secure the complete safety of such other person;
(b) When the person whom the actor seeks to protect would be obliged under section 703-304 to retreat, to surrender the possession of a thing or to comply with a demand if the person knew that the person could obtain complete safety by so doing, the actor is obliged to try to cause the person to do so before using force in the person's protection if the actor knows that the actor can obtain the other's complete safety in that way; and
(c) Neither the actor nor the person whom the actor seeks to protect is obliged to retreat when in the other's dwelling or place of work to any greater extent than in the actor's or the person's own.
(3) If a defendant raises the justification afforded by this section for any felony, the defendant may offer relevant evidence that the defendant had been subjected to acts of family violence, dating violence, or child abuse committed by the alleged victim; provided that any evidence introduced under this subsection shall be subject to rules 401, 402, and 403 of the Hawaii Rules of Evidence.
(4) For the purposes of this section:
"Child abuse" has the same meaning as defined in section 706- .
"Dating violence" has the same meaning as defined in section 706- .
"Family violence" has the same meaning as defined in section 706- .
"Relevant evidence" has the same meaning as defined in section 703-304."
SECTION 4. Section 706-656, Hawaii Revised Statutes, is amended by amending subsections (1) and (2) to read as follows:
"(1) [Persons] Except as provided in
subsection 706- , persons twenty-one years of age or older at
the time of the offense who are convicted of first degree murder or first
degree attempted murder shall be sentenced to life imprisonment without the
possibility of parole.
As part of the sentence, the court shall order the director of corrections and rehabilitation and the Hawaii paroling authority to prepare an application for the governor to commute the sentence to life imprisonment with parole at the end of twenty years of imprisonment; provided that persons who are repeat offenders under section 706-606.5 shall serve at least the applicable mandatory minimum term of imprisonment.
[Persons]
Except as provided in subsection 706- , persons under the age
of twenty-one years at the time of the offense who are convicted of first
degree murder or first degree attempted murder shall be sentenced to life
imprisonment with the possibility of parole.
(2) Except as provided in [section] sections
706-657, pertaining to enhanced sentence for second degree murder[,] and
section 706- , pertaining to procedure for sentencing when subjected
to acts of family violence, dating violence, or child abuse, persons
convicted of second degree murder and attempted second degree murder shall be
sentenced to life imprisonment with possibility of parole. The minimum length of imprisonment shall be
determined by the Hawaii paroling authority; provided that persons who are
repeat offenders under section 706-606.5 shall serve at least the applicable
mandatory minimum term of imprisonment.
If the court imposes a sentence of life imprisonment without possibility of parole pursuant to section 706-657, as part of that sentence, the court shall order the director of corrections and rehabilitation and the Hawaii paroling authority to prepare an application for the governor to commute the sentence to life imprisonment with parole at the end of twenty years of imprisonment; provided that persons who are repeat offenders under section 706-606.5 shall serve at least the applicable mandatory minimum term of imprisonment."
SECTION 5. Section 706-657, Hawaii Revised Statutes, is amended to read as follows:
"§706-657
Enhanced sentence for second degree murder. [(a)
The] (1) Unless the
defendant is sentenced pursuant to section 706- , the court may
sentence a person who was twenty‑one years of age or older at the time of
the offense and who has been convicted of murder in the second degree to life
imprisonment without the possibility of parole under section 706-656 if the
court finds that the murder was especially heinous, atrocious, or cruel,
manifesting exceptional depravity or that the person was previously convicted
of the offense of murder in the first degree or murder in the second degree in
this State or was previously convicted in another jurisdiction of an offense
that would constitute murder in the first degree or murder in the second degree
in this State.
[(b)]
(2) Hearings to determine
the grounds for imposing an enhanced sentence for second degree murder may be
initiated by the prosecutor or by the court on its own motion. The court shall not impose an enhanced term
unless the ground therefor has been established at a hearing after the
conviction of the defendant and on written notice to the defendant of the
ground proposed. Subject to the
provision of section 706-604, the defendant shall have the right to hear and
controvert the evidence against the defendant and to offer evidence upon the
issue.
[(c)]
(3) The provisions
pertaining to commutation in section 706-656(2) shall apply to persons
sentenced pursuant to this section.
[(d) As used in] (4) For the purposes of this section:
"Especially heinous, atrocious, or cruel, manifesting exceptional depravity" means a conscienceless or pitiless crime that is unnecessarily torturous to a victim.
"Previously convicted" means a sentence imposed at the same time or a sentence previously imposed that has not been set aside, reversed, or vacated."
SECTION 6. Section 706-659, Hawaii Revised Statutes, is amended to read as follows:
"§706-659
Sentence of imprisonment for class A felony. Notwithstanding part II; sections 706-605,
706-606, 706-606.5, 706-660.1, 706-661, and 706-662; and any other law to the
contrary, a person who has been convicted of a class A felony, except class A
felonies defined in chapter 712, part IV, or section 707-702, shall be
sentenced to an indeterminate term of imprisonment of twenty years without the
possibility of suspension of sentence or probation[.], except as
provided for in section 706- relating to procedure for sentencing
when subjected to acts of family violence, dating violence, or child abuse. The minimum length of imprisonment shall be
determined by the Hawaii paroling authority in accordance with section
706-669. A person who has been convicted
of a class A felony defined in chapter 712, part IV, or section 707-702, may be
sentenced to an indeterminate term of imprisonment, except as provided for in
section 706-660.1 relating to the use of firearms in certain felony offenses
and section 706-606.5 relating to repeat offenders. When ordering such a sentence, the court
shall impose the maximum length of imprisonment which shall be twenty
years. The minimum length of
imprisonment shall be determined by the Hawaii paroling authority in accordance
with section 706-669."
SECTION 7. Section 706-660, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
"(1) Except as provided in subsection (2), a
person who has been convicted of a class B or class C felony may be sentenced
to an indeterminate term of imprisonment except as provided for in section
706-660.1 relating to the use of firearms in certain felony offenses [and];
section 706-606.5 relating to repeat offenders[.]; and section
706- relating to procedure for sentencing when subjected to acts of
family violence, dating violence, or child abuse. When ordering [such a] the sentence,
the court shall impose the maximum length of imprisonment which shall be as
follows:
(a) For a class B felony--ten years; and
(b) For a class C felony--five years.
The minimum length of imprisonment shall be determined by the Hawaii paroling authority in accordance with section 706-669."
SECTION 8. Section 806-71, Hawaii Revised Statutes, is amended to read as follows:
"§806-71
Sentence[.]; change in sentence. (a)
Except as otherwise provided by law, in all criminal cases, the court or
judge before which or whom the conviction is had shall proceed as soon
thereafter as may be to pass sentence according to law, which sentence shall be
recorded by the clerk, or by the judge if there is no clerk, and certified to
the sheriff, superintendent of Hawaii state prison, or other appropriate
officer for imprisonment or other punishment, as the case may be; provided that
any person convicted of a felony and sentenced to imprisonment in Hawaii state
prison shall be delivered, together with the certificate of the person's
sentence, to the superintendent of Hawaii state prison at Honolulu.
(b) Within one year of the date upon which the sentence is imposed, or within one hundred twenty days after receipt by the sentencing court of the remittitur upon affirmance of the judgment after direct appeal, whichever is later, the court imposing the sentence shall have the jurisdiction, power, and authority to correct or reduce the sentence and to suspend or probate all or any part of the sentence imposed. The time periods prescribed in subsection (c) shall require the defendant to file a motion within the time periods; provided that the court shall not be constrained to issue its order or hear the matter within the time periods.
Before entering any order correcting, reducing, or modifying any sentence, the court shall afford notice and an opportunity for a hearing to the State. Any order modifying a sentence which is entered without notice and an opportunity for a hearing as provided in this subsection and subsection (c) shall be void. This subsection and subsection (c) shall not limit any other jurisdiction granted to the court in this chapter.
(c) A person who is serving a sentence may submit a petition to the court requesting to be sentenced under section 706- if the petition includes evidence that was not part of the record of the case at any sentencing hearing.
The petition shall be served upon the State. The State shall file its response, if any, within sixty days of being served with the petition. The court shall, upon motion for an extension of time and after a hearing and good cause shown, grant one extension to the original sixty day period, not to exceed one hundred and eighty days.
There shall be a presumption in favor of granting a hearing on a petition filed pursuant to this subsection unless the court determines that there is a lack of circumstantial guarantees of trustworthiness, an inherent unreliability of the facts asserted, or a deficiency in the factual allegations in the petition. If the court decides that the petitioner is not entitled to a hearing, the court shall enter an order denying relief and shall include written findings of fact outlining the reasons for the order.
A hearing on a petition filed pursuant to this subsection, if granted, shall be scheduled within ninety days of the filing of the petition or within sixty days of the deadline for the State's response, whichever is later. The State shall be given notice and the opportunity to respond at the hearing.
If, based upon evidence presented at the hearing, the court determines that the petitioner has met the criteria provided in section 706- (2), the court shall enter an order reducing the defendant's sentence pursuant to section 706- (3). If, based on the petition or evidence presented at the hearing, the court determines that the petitioner has not met the criteria provided in section 706- (2), the court shall notify the petitioner, dismiss their petition without prejudice, and enter an order to that effect.
Any order issued by a court pursuant to this subsection shall include written findings of fact and the reasons for the order.
Any judgments pursuant to this subsection shall be final judgments and subject to direct appeal by the petitioner and the State."
SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 10. This Act shall take effect on July 1, 2026.
Report Title:
Family Violence; Dating Violence; Child Abuse; Criminal Procedure; Sentencing; Reduced Sentence; Evidence
Description:
Allows a defendant to introduce certain evidence to receive a reduced sentence for certain offenses if the defendant can show that they were subjected to acts of family violence, dating violence, or child abuse, and that the acts were a significant contributing factor for the offense for which the defendant is being sentenced. Allows a defendant to introduce certain relevant evidence when raising the justification defenses of self-defense or defense of others to show that the defendant was subjected to acts of family violence, dating violence, or child abuse by the alleged victim. Allows the circuit court imposing a criminal sentence to correct or reduce the sentence and to suspend or probate all or any part of the sentence imposed. Allows a person previously sentenced by a circuit court to petition the court to be re-sentenced to a reduced sentence if the defendant can show that they were subjected to acts of family violence, dating violence, or child abuse, and that the acts were a significant contributing factor for the offense for which the defendant was sentenced. (SD1)
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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THE SENATE |
S.B. NO. |
2479 |
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THIRTY-THIRD LEGISLATURE, 2026 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO CRIMINAL PROCEDURE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"§706- Procedure for sentencing when subjected to acts of family violence, dating violence, or child abuse. (1) At the time of sentencing for a felony under chapter 707, the defendant may present evidence that they were subjected to acts of family violence, dating violence, or child abuse, and that the acts were a significant contributing factor for the offense for which the defendant is being sentenced. The rules of evidence shall apply to the presentation of evidence; provided that the following evidence shall be admissible:
(a) Hearsay;
(b) Character evidence;
(c) Evidence indicating the defendant sought law enforcement assistance;
(d) Evidence indicating the defendant sought services from a counselor, social worker, domestic violence program, or other relevant agency or service provider;
(e) Evidence indicating the defendant sought medical attention;
(f) Evidence of prior statements regarding the acts of family violence, dating violence, or child abuse;
(g) Evidence of the effects of battering and post-traumatic stress disorder on the defendant;
(h) Evidence pertaining to the alleged perpetrator's history of other acts of family violence, dating violence, or child abuse, including temporary restraining order petitions, petitions for an order of protection, ex parte orders, and final orders in which the alleged perpetrator is the respondent;
(i) Expert testimony, including facts and circumstances relating to the family violence, dating violence, or child abuse, that are the basis of the expert's opinion; and
(j) Any other evidence that the court determines is of sufficient credibility or probative value.
(2) The court shall impose a sentence as provided in subsection (3) if the court finds that:
(a) By a preponderance of the evidence, the defendant was subject to acts of family violence, dating violence, or child abuse, and the acts were a significant contributing factor to the offense; or
(b) The best interest of justice and welfare of society would be served; provided that the finding shall only be entered with the consent of the State.
(3) Upon a finding provided for in subsection (2):
(a) The court shall sentence a person convicted of a crime punishable by life imprisonment to a term of imprisonment of not less than ten years and not more than thirty years; provided that in the court's discretion, the judge may depart from the mandatory minimum sentence when the prosecution and the defendant have agreed to a sentence that is below the mandatory minimum; provided further that notwithstanding any other law to the contrary, the defendant may be eligible for parole; and
(b) The court shall sentence a person convicted of a felony other than a felony punishable by life imprisonment to a term of imprisonment of not less than one year and not more than one-half the maximum period of time for which the defendant could have been sentenced, by one-half the maximum fine to which the defendant could have been subjected, or both.
(4) For the purposes of this section:
"Child abuse" means:
(a) Any of the offenses described under chapter 707, parts V and VI, when committed against a person under the age of eighteen years; or
(b) Any of the offenses described in paragraph (1) of the definition of "child abuse or neglect" set forth in section 350-1.
"Dating relationship" has the same meaning as defined in section 586-1.
"Dating violence" means the occurrence of one or more of the following acts between persons through whom a current pregnancy has developed or who are currently, or within the last twelve months were, in a dating relationship:
(a) Any felony; or
(b) Commission of the offenses of:
(i) Assault in the third degree under section 707-712;
(ii) Harassment under section 711-1106; or
(iii) Harassment by stalking under section 711-1106.5.
"Family or household member" has the same meaning as defined in section 709-906.
"Family violence" means the occurrence of one or more of the following acts between family or household members:
(a) Any felony; or
(b) Commission of the offenses of:
(i) Assault in the third degree under section 707-712;
(ii) Criminal property damage in the third degree under section 708-822;
(iii) Criminal property damage in the fourth degree under section 708-823;
(iv) Abuse of a family or household member under section 709-906;
(v) Harassment under section 711-1106;
(vi) Harassment by stalking under section 711-1106.5;
(vii) Criminal trespass in the first degree under section 708-813; or
(viii) Criminal trespass in the second degree under section 708-814."
SECTION 2. Section 703-304, Hawaii Revised Statutes, is amended to read as follows:
"§703-304
Use of force in self-protection.
(1) Subject to the provisions of
this section and of section 703-308, the use of force upon or toward another
person is justifiable when the actor believes that [such] the
force is immediately necessary for the purpose of protecting [himself] the
actor against the use of unlawful force by the other person on the present
occasion.
(2) The use of deadly force is justifiable under
this section if the actor believes that deadly force is necessary to protect [himself]
the actor against death, serious bodily injury, kidnapping, rape, or
forcible sodomy.
(3) Except as otherwise provided in subsections
(4) and (5) of this section, a person employing protective force may estimate
the necessity thereof under the circumstances as [he] the person
believes them to be when the force is used without retreating, surrendering
possession, doing any other act which [he] the person has no
legal duty to do, or abstaining from any lawful action.
(4) The use of force is not justifiable under this section:
(a) To resist an arrest which the actor knows is being made by a law enforcement officer, although the arrest is unlawful; or
(b) To resist force used by the occupier or
possessor of property or by another person on [his] their behalf,
where the actor knows that the person using the force is doing so under a claim
of right to protect the property, except that this limitation shall not apply
if:
(i) The actor is a public officer acting in
the performance of [his] their duties or a person lawfully
assisting [him] them therein or a person making or assisting in a
lawful arrest; or
(ii) The actor believes that [such] the
force is necessary to protect [himself] themself against death or
serious bodily injury.
(5) The use of deadly force is not justifiable under this section if:
(a) The actor, with the intent of causing
death or serious bodily injury, provoked the use of force against [himself]
themself in the same encounter; or
(b) The actor knows that [he] they
can avoid the necessity of using [such] force with complete safety by
retreating or by surrendering possession of a thing to a person asserting a
claim of right thereto or by complying with a demand that [he] they
abstain from any action which [he has] they have no duty to take[,
except]; provided that:
(i) The actor is not obliged to retreat
from [his] their dwelling or place of work, unless [he] the
actor was the initial aggressor or is assailed in [his] their
place of work by another person whose place of work the actor knows it to be;
and
(ii) A public officer justified in using
force in the performance of [his] their duties, or a person
justified in using force in his assistance or a person justified in using force
in making an arrest or preventing an escape, is not obliged to desist from
efforts to perform [his] their duty, effect the arrest, or
prevent the escape because of resistance or threatened resistance by or on
behalf of the person against whom the action is directed.
(6) The justification afforded by this section
extends to the use of confinement as protective force only if the actor takes
all reasonable measures to terminate the confinement as soon as [he] the
actor knows that [he] they safely can, unless the person
confined has been arrested on a charge of crime.
(7) If a defendant raises the justification afforded by this section for any felony, the defendant may offer relevant evidence that the defendant had been subjected to acts of family violence, dating violence, or child abuse committed by the alleged victim; provided that any evidence introduced under this subsection shall be subject to Rules 401, 402, and 403 of the Hawaii Rules of Evidence.
(8) For the purposes of this section:
"Child abuse" has the same meaning as defined in section 706- .
"Dating violence" has the same meaning as defined in section 706- .
"Family violence" has the same meaning as defined in section 706- .
"Relevant evidence" includes:
(a) Evidence pertaining to the alleged victim's prior acts, including:
(i) Evidence indicating the defendant sought law enforcement assistance;
(ii) Evidence indicating the defendant sought services from a counselor, social worker, domestic violence program, or other relevant agency or service provider;
(iii) Evidence indicating the defendant sought medical attention;
(iv) Evidence of the effects of battering and post-traumatic stress disorder on the defendant; and
(v) Temporary protective order petitions, petitions for an order of protection, ex parte orders, and final orders in which the alleged victim is the respondent;
(b) Expert testimony, including testimony as to relevant facts and circumstances relating to the family violence, dating violence, or child abuse, that are the bases of the expert's opinion; and
(c) Any other evidence the court determines is of sufficient credibility or probative value."
SECTION 3. Section 703-305, Hawaii Revised Statutes, is amended to read as follows:
"§703-305 Use of force for the protection of other persons. (1) Subject to the provisions of this section and of section 703-310, the use of force upon or toward the person of another is justifiable to protect a third person when:
(a) Under the circumstances as the actor believes them to be, the person whom the actor seeks to protect would be justified in using such protective force; and
(b) The actor believes that the actor's intervention is necessary for the protection of the other person.
(2) Notwithstanding subsection (1):
(a) When the actor would be obliged under section 703-304 to retreat, to surrender the possession of a thing, or to comply with a demand before using force in self-protection, the actor is not obliged to do so before using force for the protection of another person, unless the actor knows that the actor can thereby secure the complete safety of such other person;
(b) When the person whom the actor seeks to protect would be obliged under section 703-304 to retreat, to surrender the possession of a thing or to comply with a demand if the person knew that the person could obtain complete safety by so doing, the actor is obliged to try to cause the person to do so before using force in the person's protection if the actor knows that the actor can obtain the other's complete safety in that way; and
(c) Neither the actor nor the person whom the actor seeks to protect is obliged to retreat when in the other's dwelling or place of work to any greater extent than in the actor's or the person's own.
(3) If a defendant raises the justification afforded by this section for any felony, the defendant may offer relevant evidence that the defendant had been subjected to acts of family violence, dating violence, or child abuse committed by the alleged victim; provided that any evidence introduced under this subsection shall be subject to Rules 401, 402, and 403 of the Hawaii Rules of Evidence.
(4) For the purposes of this section:
"Child abuse" has the same meaning as defined in section 706- .
"Dating violence" has the same meaning as defined in section 706- .
"Family violence" has the same meaning as defined in section 706- .
"Relevant evidence" has the same meaning as defined in section 703-304."
SECTION 4. Section 706-656, Hawaii Revised Statutes, is amended by amending subsections (1) and (2) to read as follows:
"(1) [Persons] Except as provided in
subsection 706- , persons twenty-one years of age or older at
the time of the offense who are convicted of first degree murder or first
degree attempted murder shall be sentenced to life imprisonment without the
possibility of parole.
As part of the sentence, the court shall order the director of corrections and rehabilitation and the Hawaii paroling authority to prepare an application for the governor to commute the sentence to life imprisonment with parole at the end of twenty years of imprisonment; provided that persons who are repeat offenders under section 706-606.5 shall serve at least the applicable mandatory minimum term of imprisonment.
[Persons]
Except as provided in subsection 706- , persons under the age
of twenty-one years at the time of the offense who are convicted of first
degree murder or first degree attempted murder shall be sentenced to life
imprisonment with the possibility of parole.
(2) Except as provided in [section] sections
706-657, pertaining to enhanced sentence for second degree murder[,] and
section 706- , pertaining to procedure for sentencing when subjected
to acts of family violence, dating violence, or child abuse, persons
convicted of second degree murder and attempted second degree murder shall be
sentenced to life imprisonment with possibility of parole. The minimum length of imprisonment shall be
determined by the Hawaii paroling authority; provided that persons who are
repeat offenders under section 706-606.5 shall serve at least the applicable
mandatory minimum term of imprisonment.
If the court imposes a sentence of life imprisonment without possibility of parole pursuant to section 706-657, as part of that sentence, the court shall order the director of corrections and rehabilitation and the Hawaii paroling authority to prepare an application for the governor to commute the sentence to life imprisonment with parole at the end of twenty years of imprisonment; provided that persons who are repeat offenders under section 706-606.5 shall serve at least the applicable mandatory minimum term of imprisonment."
SECTION 5. Section 706-657, Hawaii Revised Statutes, is amended to read as follows:
"§706-657
Enhanced sentence for second degree murder. [(a)
The] (1) Unless the
defendant is sentenced pursuant to section 706- , the court may
sentence a person who was twenty‑one years of age or older at the time of
the offense and who has been convicted of murder in the second degree to life
imprisonment without the possibility of parole under section 706-656 if the
court finds that the murder was especially heinous, atrocious, or cruel,
manifesting exceptional depravity or that the person was previously convicted
of the offense of murder in the first degree or murder in the second degree in
this State or was previously convicted in another jurisdiction of an offense
that would constitute murder in the first degree or murder in the second degree
in this State.
[(b)]
(2) Hearings to determine
the grounds for imposing an enhanced sentence for second degree murder may be
initiated by the prosecutor or by the court on its own motion. The court shall not impose an enhanced term
unless the ground therefor has been established at a hearing after the
conviction of the defendant and on written notice to the defendant of the
ground proposed. Subject to the
provision of section 706-604, the defendant shall have the right to hear and
controvert the evidence against the defendant and to offer evidence upon the
issue.
[(c)]
(3) The provisions
pertaining to commutation in section 706-656(2) shall apply to persons
sentenced pursuant to this section.
[(d) As used in] (4) For the purposes of this section:
"Especially heinous, atrocious, or cruel, manifesting exceptional depravity" means a conscienceless or pitiless crime that is unnecessarily torturous to a victim.
"Previously convicted" means a sentence imposed at the same time or a sentence previously imposed that has not been set aside, reversed, or vacated."
SECTION 6. Section 706-659, Hawaii Revised Statutes, is amended to read as follows:
"§706-659
Sentence of imprisonment for class A felony. Notwithstanding part II; sections 706-605,
706-606, 706-606.5, 706-660.1, 706-661, and 706-662; and any other law to the
contrary, a person who has been convicted of a class A felony, except class A
felonies defined in chapter 712, part IV, or section 707-702, shall be
sentenced to an indeterminate term of imprisonment of twenty years without the
possibility of suspension of sentence or probation[.], except as
provided for in section 706- relating to procedure for sentencing
when subjected to acts of family violence, dating violence, or child abuse. The minimum length of imprisonment shall be
determined by the Hawaii paroling authority in accordance with section
706-669. A person who has been convicted
of a class A felony defined in chapter 712, part IV, or section 707-702, may be
sentenced to an indeterminate term of imprisonment, except as provided for in
section 706-660.1 relating to the use of firearms in certain felony offenses
and section 706-606.5 relating to repeat offenders. When ordering such a sentence, the court
shall impose the maximum length of imprisonment which shall be twenty
years. The minimum length of imprisonment
shall be determined by the Hawaii paroling authority in accordance with section
706-669."
SECTION 7. Section 706-660, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
"(1) Except as provided in subsection (2), a
person who has been convicted of a class B or class C felony may be sentenced
to an indeterminate term of imprisonment except as provided for in section
706-660.1 relating to the use of firearms in certain felony offenses [and];
section 706-606.5 relating to repeat offenders[.]; and section
706- relating to procedure for sentencing when subjected to acts of
family violence, dating violence, or child abuse. When ordering [such a] the sentence,
the court shall impose the maximum length of imprisonment which shall be as
follows:
(a) For a class B felony--ten years; and
(b) For a class C felony--five years.
The minimum length of imprisonment shall be determined by the Hawaii paroling authority in accordance with section 706-669."
SECTION 8. Section 806-71, Hawaii Revised Statutes, is amended to read as follows:
"§806-71
Sentence[.]; change in sentence. (a)
Except as otherwise provided by law, in all criminal cases, the court or
judge before which or whom the conviction is had shall proceed as soon
thereafter as may be to pass sentence according to law, which sentence shall be
recorded by the clerk, or by the judge if there is no clerk, and certified to
the sheriff, superintendent of Hawaii state prison, or other appropriate
officer for imprisonment or other punishment, as the case may be; provided that
any person convicted of a felony and sentenced to imprisonment in Hawaii state
prison shall be delivered, together with the certificate of the person's
sentence, to the superintendent of Hawaii state prison at Honolulu.
(b) Within one year of the date upon which the sentence is imposed, or within one hundred twenty days after receipt by the sentencing court of the remittitur upon affirmance of the judgment after direct appeal, whichever is later, the court imposing the sentence shall have the jurisdiction, power, and authority to correct or reduce the sentence and to suspend or probate all or any part of the sentence imposed. The time periods prescribed in subsection (c) shall require the defendant to file a motion within the time periods; provided that the court shall not be constrained to issue its order or hear the matter within the time periods.
Before entering any order correcting, reducing, or modifying any sentence, the court shall afford notice and an opportunity for a hearing to the State. Any order modifying a sentence which is entered without notice and an opportunity for a hearing as provided in this subsection and subsection (c) shall be void. This subsection and subsection (c) shall not limit any other jurisdiction granted to the court in this chapter.
(c) A person who is serving a sentence may submit a petition to the court requesting to be sentenced under section 706- if:
(1) The offense was committed before July 1, 2026; or
(2) The petition includes evidence that was not part of the record of the case at any sentencing hearing.
The petition shall be served upon the State. The State shall file its response, if any, within sixty days of being served with the petition. The court shall, upon motion for an extension of time and after a hearing and good cause shown, grant one extension to the original sixty day period, not to exceed one hundred and eighty days.
There shall be a presumption in favor of granting a hearing on a petition filed pursuant to this subsection unless the court determines that there is a lack of circumstantial guarantees of trustworthiness, an inherent unreliability of the facts asserted, or a deficiency in the factual allegations in the petition. If the court decides that the petitioner is not entitled to a hearing, the court shall enter an order denying relief and shall include written findings of fact outlining the reasons for the order.
A hearing on a petition filed pursuant to this subsection, if granted, shall be scheduled within ninety days of the filing of the petition or within sixty days of the deadline for the State's response, whichever is later. The State shall be given notice and the opportunity to respond at the hearing.
If, based upon evidence presented at the hearing, the court determines that the petitioner has met the criteria provided in section 706- (2), the court shall enter an order reducing the defendant's sentence pursuant to section 706- (3). If, based on the petition or evidence presented at the hearing, the court determines that the petitioner has not met the criteria provided in section 706- (2), the court shall notify the petitioner, dismiss their petition without prejudice, and enter an order to that effect.
Any order issued by a court pursuant to this subsection shall include written findings of fact and the reasons for the order.
Any judgments pursuant to this subsection shall be final judgments and subject to direct appeal by the petitioner and the State."
SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 10. This Act shall take effect on July 1, 2026.
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INTRODUCED BY: |
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Report Title:
Family Violence; Dating Violence; Child Abuse; Criminal Procedure; Sentencing; Reduced Sentence; Evidence
Description:
Allows a defendant to introduce certain evidence to receive a reduced sentence for certain offenses if the defendant can show that they were subjected to acts of family violence, dating violence, or child abuse, and that the acts were a significant contributing factor for the offense for which the defendant is being sentenced. Allows a defendant to introduce certain relevant evidence when raising the justification defenses of self defense or defense of others to show that the defendant was subjected to acts of family violence, dating violence, or child abuse by the alleged victim. Allows the circuit court imposing a criminal sentence to correct or reduce the sentence and to suspend or probate all or any part of the sentence imposed. Allows a person previously sentenced by a circuit court to petition the court to be re-sentenced to a reduced sentence if the defendant can show that they were subjected to acts of family violence, dating violence, or child abuse, and that the acts were a significant contributing factor for the offense for which the defendant was sentenced.
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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| Mar 24, 2026 | The committee(s) on HSH recommend(s) that the measure be deferred. |
| Mar 20, 2026 | Bill scheduled to be heard by HSH on Tuesday, 03-24-26 10:00AM in House conference room 329 VIA VIDEOCONFERENCE. |
| Mar 12, 2026 | Referred to HSH, JHA, referral sheet 17 |
| Mar 12, 2026 | Pass First Reading |
| Mar 10, 2026 | Received from Senate (Sen. Com. No. 248) in amended form (SD 2). |
| Mar 10, 2026 | Report adopted; Passed Third Reading, as amended (SD 2). Ayes, 25; Aye(s) with reservations: none . Noes, 0 (none). Excused, 0 (none). Transmitted to House. |
| Mar 6, 2026 | 48 Hrs. Notice 03-10-26. |
| Mar 6, 2026 | Reported from JDC (Stand. Com. Rep. No. 3081) with recommendation of passage on Third Reading, as amended (SD 2). |
| Mar 3, 2026 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 3 Aye(s): Senator(s) Rhoads, Gabbard, San Buenaventura; Aye(s) with reservations: none ; 1 No(es): Senator(s) Awa; and 1 Excused: Senator(s) Chang. |
| Feb 24, 2026 | The committee(s) on JDC will hold a public decision making on 03-03-26 10:15AM; Conference Room 016 & Videoconference. |
| Feb 18, 2026 | Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC. |
| Feb 18, 2026 | Reported from HHS (Stand. Com. Rep. No. 2360) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JDC. |
| Feb 6, 2026 | The committee(s) on HHS recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in HHS were as follows: 4 Aye(s): Senator(s) San Buenaventura, McKelvey, Keohokalole, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Kanuha. |
| Feb 4, 2026 | The committee(s) on HHS deferred the measure until 02-06-26 1:00PM; Conference Room 225 & Videoconference. |
| Jan 30, 2026 | The committee(s) on HHS has scheduled a public hearing on 02-04-26 1:01PM; Conference Room 225 & Videoconference. |
| Jan 28, 2026 | Referred to HHS, JDC. |
| Jan 22, 2026 | Passed First Reading. |
| Jan 22, 2026 | Introduced. |
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Date
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Description
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Location
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Votes
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| Mar 10, 2026 | Third Reading | Senate Floor |
Passed |
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| Mar 3, 2026 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Judiciary |
Passed |
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| Feb 6, 2026 | The committee(s) on HHS recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Health and Human Services |
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 Hawai‘i Office of the Prosecuting Attorney | *** Against | Mar 24, 2026 |
| Department of the Attorney General | ** Against | |
| Department of the Attorney General | *** Against | Mar 24, 2026 |
| Department of the Prosecuting Attorney, County of Maui | *** Against | Mar 24, 2026 |
| Hawaiian Islands Republican Women | *** Against | Mar 2, 2026 |
| Hawaiian Islands Republican Women | ** Against | |
| Kaua‘i County Council | *** Support | Mar 2, 2026 |
| Kaua‘i Police Department | *** Against | Mar 24, 2026 |
| Maui Police Department | ** Against | |
| Maui Police Department, County of Maui | *** Against | Mar 2, 2026 |
| Office of Hawaiian Affairs | *** Support | Mar 24, 2026 |
| Office of the Prosecuting Attorney, County of Hawai‘i | *** Against | Mar 24, 2026 |
| Office of the Prosecuting Attorney, County of Kaua‘i | *** Against | Mar 24, 2026 |
| Office of the Public Defender | *** Support | Mar 24, 2026 |
STAND. COM. REP. NO. 3081
Honolulu, Hawaii
RE: S.B. No. 2479
S.D. 2
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2026
State of Hawaii
Sir:
Your Committee on Judiciary, to which was referred S.B. No. 2479, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO CRIMINAL PROCEDURE,"
begs leave to report as follows:
The purpose and intent of this measure is to:
(1) Allow a defendant to introduce certain evidence to receive a reduced sentence for certain offenses if the defendant can show that they were subjected to acts of family violence, dating violence, or child abuse, and that the acts were a significant contributing factor for the offense for which the defendant is being sentenced;
(2) Allow a defendant to introduce certain relevant evidence when raising the justification defenses of self-defense or defense of others to show that the defendant was subjected to acts of family violence, dating violence, or child abuse by the alleged victim;
(3) Allow the circuit court imposing a criminal sentence to correct or reduce the sentence and to suspend or probate all or any part of the sentence imposed; and
(4) Allow a person previously sentenced by a circuit court to petition the court to be re-sentenced to a reduced sentence if the defendant can show that they were subjected to acts of family violence, dating violence, or child abuse, and that the acts were a significant contributing factor for the offense for which the defendant was sentenced.
Your Committee received testimony in support of this measure from the Office of Hawaiian Affairs, one member of the Kauaʻi County Council, and one individual.
Your Committee received testimony in opposition to this measure from the Department of the Attorney General, Department of the Prosecuting Attorney of the County of Maui, Office of the Prosecuting Attorney of the County of Hawaii, Maui Police Department, and Hawaiian Islands Republican Women.
Your Committee received comments on this measure from the Judiciary and Hawaiʻi Supreme Court Standing Committee on the Hawaiʻi Rules of Evidence.
Your Committee finds that research has demonstrated that the majority of incarcerated women have experienced domestic or sexual violence. Your Committee further finds that these types of violence, as well as other forms of physical and sexual abuse, trigger survival responses in victims that compel them to act out of desperation to protect themselves or their children. Additionally, coercion from abusive partners may force victims who fear for their lives to become a part of crimes committed by their abusers. This measure will update the State's criminal justice system to fully and fairly consider these dynamics and provide justice for survivors of family violence, dating violence, or child abuse.
Your Committee has amended this measure by:
(1) Specifying that if the court makes certain findings, the court is required to:
(A) Sentence a person convicted of a crime punishable by life imprisonment to an indeterminate term of imprisonment of not less than ten years and not more than thirty years, and that the defendant may be eligible for parole in accordance with sections 706-669 and 706-670, Hawaii Revised Statutes (HRS); and
(B) Sentence a person convicted of a felony other than a felony punishable by life imprisonment to an indeterminate term of imprisonment of not less than one year and not more than one-half the maximum period of time for which the defendant could have been sentenced, and that the defendant may be eligible for parole in accordance with sections 706-669 and 706-670, HRS;
(2) Deleting language that would have established a procedure for the filing and determination of a petition for a person serving a sentence to request the court to be sentenced under the procedure for sentencing when subjected to acts of family violence, dating violence, or child abuse;
(3) Requiring a petition filed by a person serving a sentence requesting the court to be sentenced under the procedure for sentencing when subjected to acts of family violence, dating violence, or child abuse be filed and determined in accordance with Rule 40 of the Hawaii Rules of Penal Procedure; and
(4) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.
As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2479, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2479, S.D. 2.
Respectfully submitted on behalf of the members of the Committee on Judiciary,
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________________________________ KARL RHOADS, Chair |
STAND. COM. REP. NO. 2360
Honolulu, Hawaii
RE: S.B. No. 2479
S.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2026
State of Hawaii
Sir:
Your Committee on Health and Human Services, to which was referred S.B. No. 2479 entitled:
"A BILL FOR AN ACT RELATING TO CRIMINAL PROCEDURE,"
begs leave to report as follows:
The purpose and intent of this measure is to allow:
(1) A defendant to introduce certain evidence to receive a reduced sentence for certain offenses if the defendant can show that they were subjected to acts of family violence, dating violence, or child abuse, and that the acts were a significant contributing factor for the offense for which the defendant is being sentenced;
(2) A defendant to introduce certain relevant evidence when raising the justification defenses of self defense or defense of others to show that the defendant was subjected to acts of family violence, dating violence, or child abuse by the alleged victim;
(3) The circuit court imposing a criminal sentence to correct or reduce the sentence and suspend or probate all or any part of the sentence imposed; and
(4) A person previously sentenced by a circuit court to petition the court to be re-sentenced to a reduced sentence if the defendant can show that they were subjected to acts of family violence, dating violence, or child abuse, and that the acts were a significant contributing factor for the offense for which the defendant was sentenced.
Your Committee received testimony in support of this measure from the Office of the Public Defender.
Your Committee received testimony in opposition to this measure from the Department of the Prosecuting Attorney of the County of Maui and one individual.
Your Committee received comments on this measure from the Judiciary and one individual.
Your Committee finds that any type of mitigating evidence or evidence offered to give insight into a defendant's past trauma can have relevance at any sentencing or trial. Your Committee further finds that the life experiences of criminal defendants who were subjected to family violence, dating violence, or child abuse are significant contributing factors to be considered by a court. This measure ensures fair sentencing outcomes that account for a defendant's experience of family violence, dating violence, or child abuse.
Your Committee acknowledges the concerns raised in testimony that rule 1101(d)(3) of the Hawaii Rules of Evidence already exempts sentencing hearings from the rules of evidence, and thus, there would be no need to have the Hawaii Rules of Evidence govern sentencing hearings as proposed in this measure. Furthermore, there should be no concern that the Hawaii Rules of Evidence would preclude the introduction of mitigating evidence outlined in this measure because the proposed changes to sections 703-304 and 703‑305, Hawaii Revised Statutes, would ensure that a trial court consider this evidence when appropriate to any case. Trial courts are already required to allow for the introduction of any relevant evidence regarding any applicable defense and must then instruct a jury on said defense for which there is a scintilla of evidence in support. Therefore, amendments to this measure are necessary to address this concern.
Your Committee has amended this measure by:
(1) Deleting language that would have required the Hawaii Rules of Evidence to apply to the presentation of evidence of family violence, dating violence, or child abuse in a sentencing hearing;
(2) Deleting language that would have required a person petitioning the court to be sentenced under the procedures for sentencing when subjected to acts of family violence, dating violence, or child abuse, to have committed the offense before July 1, 2026; and
(3) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.
As affirmed by the record of votes of the members of your Committee on Health and Human Services that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2479, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2479, S.D. 1, and be referred to your Committee on Judiciary.
Respectfully submitted on behalf of the members of the Committee on Health and Human Services,
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________________________________ JOY A. SAN BUENAVENTURA, Chair |
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Date
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Testimony PDF
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|---|---|
| Mar 24, 2026 | SB2479_SD2_TESTIMONY_HSH_03-24-26_.PDF |
| Mar 2, 2026 | SB2479_SD1_TESTIMONY_JDC_03-03-26_.PDF |
| Feb 4, 2026 | SB2479_TESTIMONY_HHS_02-04-26_.PDF |
Discussed in Hearing
6MIN
House Standing Committee on Human Services & Homelessness
1MIN
Senate Standing Committee on Judiciary
46SEC
Senate Standing Committee on Health and Human Services
10MIN
Senate Standing Committee on Health and Human Services
10MIN
Senate Standing Committee on Labor and Technology
Bill Author
Bill Co-Author(s):
