SB 281: Honolulu Prosecuting Attorney Package; Criminal Offenses; Penal Code; Torture; Prohibition
- Session Year: 2025-2026
- House: Senate
- Latest Version Date: 2025-04-24
Current Status:
In Progress
(2025-05-30: Act 147, on 05/30/2025 (Gov. Msg. No. 1247).)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
What does this bill do?
This bill creates the crime of torture and makes it a class A felony, applying to anyone who knowingly causes serious injury to a person in their custody, who repeatedly abuses someone, or who on multiple occasions subjects a minor or vulnerable person to cruel acts. Examples include strangling, burning, suspending, starving, restricting hygiene, forcing ingestion of harmful substances, or exposing someone to extreme conditions. It also says a person can use lack of money or poverty as a defense if deprivation of food, water, or clothing was solely caused by poverty.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Defines and prohibits the offense of torture. Makes torture a class A felony. (CD1)
Defines and prohibits the offense of torture. Makes torture a class A felony. (HD2)
Defines and prohibits the offense of torture. Makes torture a class A felony. (HD1)
Defines and prohibits the offense of torture. Makes torture a class A felony. (SD1)
Defines and prohibits the offense of torture.
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THE SENATE |
S.B. NO. |
281 |
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THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 1 |
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STATE OF HAWAII |
H.D. 2 |
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C.D. 1 |
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A BILL FOR AN ACT
RELATING TO TORTURE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
Accordingly, the purpose of this Act is to establish the offense of torture as a class A felony in the State.
SECTION 2. Chapter 707, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§707- Torture. (1) Any person who knowingly:
(a) Causes serious bodily injury to another person within the actor's custody or physical control;
(b) Causes serious bodily injury or substantial bodily injury to another person, and the actor has previously engaged in a pattern or practice of physically abusing the other person; or
(c) Subjects a minor or vulnerable person to any of the following acts, or to any substantially similar act, on three or more occasions within a period of two years:
(i) Strangling the minor or vulnerable person;
(ii) Biting, branding, burning, cutting, or electrocuting the minor or vulnerable person;
(iii) Suspending the minor or vulnerable person by the wrists, ankles, arms, legs, hair, or other part of the body;
(iv) Depriving the minor or vulnerable person of necessary food, water, or clothing;
(v) Restricting basic and necessary bodily functions required for the personal hygiene of the minor or vulnerable person;
(vi) Forcing the minor or vulnerable person to remain in an area unsuitable for human habitation, such as areas where urine or feces are actively present;
(vii) Forcing the minor or vulnerable person to ingest mind-altering drugs that have not been prescribed by a physician for the minor or vulnerable person, non-potable water, urine, excrement, or poison; or
(viii) Exposing the minor or vulnerable person to extreme temperatures without adequate clothing,
shall be guilty of the offense of torture.
(2) Proof that the victim suffered pain is not an element of a violation of subsection (1)(c).
(3) For purposes of this section:
"Custody or physical control" means the forcible restriction of a person's movements or the forcible confinement of the person so as to interfere with that person's liberty, without that person's consent or without lawful authority.
"Deprives" or "restricts" means to withhold in a manner that materially endangers the physical or mental health of a minor or vulnerable person.
"Minor" means a person under the age of eighteen years.
"Pattern or practice" means two or more acts within a period of two years with a common state of mind.
"Vulnerable person" means a family or household member as defined in section 709-906, an incompetent person as defined in section 709-905, or a person who has a status as described in section 706-662(5)(b)(ii).
(4) Torture is a class A felony.
(5) Where the conduct consists of depriving the minor or vulnerable person of necessary food, water, or clothing, it shall be a defense that the deprivation was caused solely by poverty, destitution, or lack of financial means."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. 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 5. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
Report Title:
Honolulu Prosecuting Attorney Package; Criminal Offenses; Penal Code; Torture; Prohibition
Description:
Defines and prohibits the offense of torture. Makes torture a class A felony. (CD1)
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. |
281 |
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THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 1 |
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STATE OF HAWAII |
H.D. 2 |
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A BILL FOR AN ACT
RELATING TO TORTURE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
Accordingly, the purpose of this Act is to establish the offense of torture as a class A felony in the State.
SECTION 2. Chapter 707, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§707- Torture. (1) Any person who knowingly:
(a) Causes serious bodily injury to another person within the actor's custody or physical control;
(b) Causes serious bodily injury or substantial bodily injury to another person, and the actor has previously engaged in a pattern or practice of physically abusing the other person; or
(c) Subjects a minor or vulnerable person to any of the following acts, or to any substantially similar act, on three or more occasions within a period of two years:
(i) Strangling the minor or vulnerable person;
(ii) Biting, branding, burning, cutting, or electrocuting the minor or vulnerable person;
(iii) Suspending the minor or vulnerable person by the wrists, ankles, arms, legs, hair, or other part of the body;
(iv) Depriving the minor or vulnerable person of necessary food, water, or clothing;
(v) Restricting basic and necessary bodily functions required for the personal hygiene of the minor or vulnerable person;
(vi) Forcing the minor or vulnerable person to remain in an area unsuitable for human habitation, such as areas where urine or feces are actively present;
(vii) Forcing the minor or vulnerable person to ingest mind-altering drugs that have not been prescribed by a physician for the minor or vulnerable person, non-potable water, urine, excrement, or poison; or
(viii) Exposing the minor or vulnerable person to extreme temperatures without adequate clothing,
shall be guilty of the offense of torture.
(2) Proof that the victim suffered pain is not an element of a violation of subsection (1)(c).
(3) For purposes of this section:
"Custody or physical control" means the forcible restriction of a person's movements or the forcible confinement of the person so as to interfere with that person's liberty, without that person's consent or without lawful authority.
"Deprives" or "restricts" means to withhold in a manner that materially endangers the physical or mental health of a minor or vulnerable person.
"Minor" means a person under the age of eighteen years.
"Pattern or practice" means two or more acts within a period of two years with a common state of mind.
"Vulnerable person" means a family or household member as defined in section 709-906, an incompetent person as defined in section 709-905, or a person who has a status as described in section 706-662(5)(b)(ii).
(4) Torture shall be a class A felony."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. 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 5. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
Report Title:
Honolulu Prosecuting Attorney Package; Criminal Offenses; Penal Code; Torture; Prohibition
Description:
Defines and prohibits the offense of torture. Makes torture a class A felony. (HD2)
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. |
281 |
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THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 1 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
RELATING TO TORTURE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
Accordingly, the purpose of this Act is to establish the offense of torture as a class A felony in the State.
SECTION 2. Chapter 707, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§707- Torture. (1) Any person who:
(a) Knowingly causes serious bodily injury to another person within the actor's custody or physical control;
(b) Knowingly causes serious bodily injury or substantial bodily injury to another person, and the actor has previously engaged in a pattern or practice of physically abusing the other person; or
(c) Knowingly subjects a minor or vulnerable person to any of the following acts, or to any substantially similar act, on three or more occasions within a period of two years:
(i) Strangling the minor or vulnerable person;
(ii) Biting, branding, burning, cutting, or electrocuting the minor or vulnerable person;
(iii) Suspending the minor or vulnerable person by the wrists, ankles, arms, legs, hair, or other part of the body;
(iv) Depriving a minor or vulnerable person of necessary food, water, or clothing;
(v) Restricting basic and necessary bodily functions required for the personal hygiene of the minor or vulnerable person;
(vi) Forcing the minor or vulnerable person to remain in an area unsuitable for human habitation, such as areas where urine or feces are actively present;
(vii) Forcing the minor or vulnerable person to ingest mind-altering drugs that have not been prescribed by a physician for the minor or vulnerable person, non-potable water, urine, excrement, or poison; or
(viii) Exposing the minor or vulnerable person to extreme temperatures without adequate clothing;
is guilty of the offense of torture.
(2) Proof that the victim suffered pain is not an element of a violation of subsection (1)(c) of this offense.
(3) For purposes of this section:
"Custody or physical control" means the forcible restriction of a person's movements or the forcible confinement of the person so as to interfere with that person's liberty, without that person's consent or without lawful authority.
"Deprives" means to withhold in a manner that materially endangers the physical or mental health of a minor or vulnerable person.
"Minor" means a person under the age of eighteen years.
"Pattern or practice" means two or more acts within a period of two years with a common state of mind.
"Vulnerable person" means a family or household member as defined in section 709-906, an incompetent person as defined in section 709-905, or a person who has a status as described in section 706-662(5)(b)(ii).
(4) Torture is a class A felony."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. 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 5. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
Report Title:
Honolulu Prosecuting Attorney Package; Criminal Offenses; Penal Code; Torture; Prohibition
Description:
Defines and prohibits the offense of torture. Makes torture a class A felony. (HD1)
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. |
281 |
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THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO TORTURE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
Accordingly, the purpose of this Act is to prohibit torture in the State.
SECTION 2. Chapter 707, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§707- Torture. (1) Any person who:
(a) Knowingly causes serious bodily injury to another person within the actor's custody or physical control;
(b) Knowingly causes serious bodily injury or substantial bodily injury to another person, and the actor has previously engaged in a pattern or practice of physically abusing the other person; or
(c) Knowingly subjects a minor or vulnerable person to any of the following acts, or to any substantially similar act, on three or more occasions within a period of two years:
(i) Strangling the minor or vulnerable person;
(ii) Biting, branding, burning, cutting, or electrocuting the minor or vulnerable person;
(iii) Suspending the minor or vulnerable person by the wrists, ankles, arms, legs, hair, or other part of the body;
(iv) Restricting basic and necessary bodily functions required for the personal hygiene of the minor or vulnerable person;
(v) Forcing the minor or vulnerable person to remain in an area unsuitable for human habitation, such as areas where urine or feces are actively present;
(vi) Forcing the minor or vulnerable person to ingest mind-altering drugs that have not been prescribed by a physician for the minor or vulnerable person, non-potable water, urine, excrement, or poison; or
(vii) Exposing the minor or vulnerable person to extreme temperatures without adequate clothing;
is guilty of the offense of torture.
(2) Proof that the victim suffered pain is not an element of a violation of subsection (1)(c) of this offense.
(3) For purposes of this section:
"Custody or physical control" means the forcible restriction of a person's movements or the forcible confinement of the person so as to interfere with that person's liberty, without that person's consent or without lawful authority.
"Minor" means a person under the age of eighteen years.
"Pattern or practice" means two or more acts within a period of two years with a common state of mind.
"Vulnerable person" means a family or household member as defined in section 709-906, an incompetent person as defined in section 709-905, or a handicapped person as defined in section 706-662(5).
(4) Torture is a class A felony."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. 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 5. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
Report Title:
Honolulu Prosecuting Attorney Package; Criminal Offenses; Penal Code; Torture; Prohibition
Description:
Defines and prohibits the offense of torture. Makes torture a class A felony. (SD1)
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. |
281 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
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|
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A BILL FOR AN ACT
RELATING TO TORTURE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
Accordingly, the purpose of this Act is to prohibit torture in the State.
SECTION 2. Chapter 707, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§707- Torture. (1) Any person who:
(a) Knowingly causes serious bodily injury to another person within the actor's custody or physical control;
(b) Recklessly causes serious bodily injury or substantial bodily injury to another person, and the actor has previously engaged in a pattern or practice of physically abusing the other person; or
(c) Knowingly subjects a minor or vulnerable person to any of the following acts, or to any substantially similar act, on three or more occasions within a period of two years:
(i) Strangling the minor or vulnerable person;
(ii) Biting, branding, burning, cutting, or electrocuting the minor or vulnerable person;
(iii) Suspending the minor or vulnerable person by the wrists, ankles, arms, legs, hair, or other part of the body;
(iv) Depriving the minor or vulnerable person of necessary food, water, or clothing;
(v) Restricting basic and necessary bodily functions required for the personal hygiene of the minor or vulnerable person;
(vi) Forcing the minor or vulnerable person to remain in an area unsuitable for human habitation, such as areas where urine or feces are actively present;
(vii) Forcing the minor or vulnerable person to ingest mind-altering drugs, non-potable water, urine, excrement, or poison; or
(viii) Exposing the minor or vulnerable person to extreme temperatures without adequate clothing;
is guilty of the offense of torture.
(2) Proof that the victim suffered pain is not an element of a violation of subsection (1)(c) of this offense.
(3) For purposes of this section, the following definitions apply:
"Custody or physical control" means the forcible restriction of a person's movements or the forcible confinement of the person so as to interfere with that person's liberty, without that person's consent or without lawful authority.
"Minor" means a person under the age of eighteen years.
"Pattern or practice" means two or more acts within a period of two years.
"Vulnerable person" means a family or household member as defined in section 709-906, an incompetent person as defined in section 709-905, or a handicapped person as defined in section 706-662(5).
(4) Torture is a class A felony."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. 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 5. New statutory material is underscored.
SECTION 6. 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; Penal Code; Torture; Prohibition
Description:
Defines and prohibits the offense of torture.
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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|---|---|
| May 30, 2025 | Act 147, on 05/30/2025 (Gov. Msg. No. 1247). |
| May 30, 2025 | Act 147, 05/30/2025 (Gov. Msg. No. 1247). |
| May 2, 2025 | Enrolled to Governor. |
| May 2, 2025 | Received notice of passage on Final Reading in House (Hse. Com. No. 821). |
| May 1, 2025 | Received notice of Final Reading (Sen. Com. No. 888). |
| Apr 30, 2025 | Passed Final Reading as amended in CD 1 with Representative(s) Iwamoto voting aye with reservations; none voting no (0) and Representative(s) Cochran excused (1). |
| Apr 30, 2025 | Passed Final Reading, as amended (CD 1). Ayes, 25; Aye(s) with reservations: none . 0 No(es): none. 0 Excused: none. |
| Apr 24, 2025 | Forty-eight (48) hours notice Wednesday, 04-30-25. |
| Apr 24, 2025 | Reported from Conference Committee (Conf Com. Rep. No. 27) as amended in (CD 1). |
| Apr 24, 2025 | 48 Hrs. Notice (as amended CD 1) 04-30-25. |
| Apr 24, 2025 | Reported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 27). |
| Apr 23, 2025 | The Conference Committee recommends that the measure be Passed, with Amendments. The votes were as follows: 4 Ayes: Representative(s) Marten, Tarnas, Olds, Garcia; Ayes with reservations: none; 0 Noes: none; and 0 Excused: none. |
| Apr 23, 2025 | The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. The votes of the Senate Conference Managers were as follows: 2 Aye(s): Senator(s) Rhoads, Gabbard; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Awa. |
| Apr 22, 2025 | Conference committee meeting scheduled for 04-23-25 4:00PM; Conference Room 325. |
| Apr 23, 2025 | Received notice of appointment of House conferees (Hse. Com. No. 799). |
| Apr 22, 2025 | House Conferees Appointed: Marten, Tarnas Co-Chairs; Olds, Garcia. |
| Apr 21, 2025 | Received notice of Senate conferees (Sen. Com. No. 851). |
| Apr 21, 2025 | Senate Conferees Appointed: Rhoads Chair; Gabbard, Awa. |
| Apr 10, 2025 | Received notice of disagreement (Sen. Com. No. 779). |
| Apr 10, 2025 | Senate disagrees with House amendments. |
| Apr 10, 2025 | Received from House (Hse. Com. No. 635). |
| Apr 8, 2025 | Passed Third Reading as amended in HD 2 with Representative(s) Iwamoto voting aye with reservations; none voting no (0) and Representative(s) Cochran excused (1). Transmitted to Senate. |
| Apr 4, 2025 | Forty-eight (48) hours notice Tuesday, 04-08-25. |
| Apr 4, 2025 | Reported from JHA (Stand. Com. Rep. No. 2034) as amended in HD 2, recommending passage on Third Reading. |
| Apr 2, 2025 | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 10 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Hashem, Kahaloa, Perruso, Takayama, Todd, Garcia, Shimizu; Ayes with reservations: none; Noes: none; and 1 Excused: Representative(s) Cochran. |
| Mar 28, 2025 | Bill scheduled to be heard by JHA on Wednesday, 04-02-25 2:00PM in House conference room 325 VIA VIDEOCONFERENCE. |
| Mar 13, 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, Holt, Ward, Woodson excused (4). |
| Mar 13, 2025 | Reported from HSH (Stand. Com. Rep. No. 1208) as amended in HD 1, recommending passage on Second Reading and referral to JHA. |
| Mar 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; 0 Noes: none; and 0 Excused: none. |
| Mar 7, 2025 | Bill scheduled to be heard by HSH on Tuesday, 03-11-25 10:00AM in House conference room 329 VIA VIDEOCONFERENCE. |
| Mar 6, 2025 | Referred to HSH, JHA, referral sheet 19 |
| Mar 6, 2025 | Pass First Reading |
| Mar 4, 2025 | Received from Senate (Sen. Com. No. 120) in amended form (SD 1). |
| Mar 4, 2025 | Passed Third Reading, as amended (SD 1). Ayes, 25; Aye(s) with reservations: none . Noes, 0 (none). Excused, 0 (none). Transmitted to House. |
| Feb 28, 2025 | 48 Hrs. Notice 03-04-25. |
| Feb 28, 2025 | Report adopted; Passed Second Reading, as amended (SD 1). |
| Feb 28, 2025 | Reported from JDC (Stand. Com. Rep. No. 814) with recommendation of passage on Second Reading, as amended (SD 1) and placement on the calendar for Third Reading. |
| Feb 5, 2025 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 5 Aye(s): Senator(s) Rhoads, Gabbard, Chang, San Buenaventura, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none. |
| Jan 29, 2025 | The committee(s) on JDC has scheduled a public hearing on 02-05-25 9:15AM; Conference Room 016 & Videoconference. |
| Jan 27, 2025 | Re-Referred to JDC. |
| Jan 21, 2025 | Referred to HHS, JDC. |
| Jan 15, 2025 | Introduced and passed First Reading. |
| Jan 14, 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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| Apr 30, 2025 | Final Reading | House Floor |
Passed |
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| Apr 30, 2025 | Final Reading | Senate Floor |
Passed |
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| Apr 8, 2025 | Third Reading | House Floor |
Passed |
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| Apr 2, 2025 | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Judiciary & Hawaiian Affairs |
Passed |
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| Mar 11, 2025 | The committee on HSH recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Human Services & Homelessness |
Passed |
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| Mar 4, 2025 | Third Reading | Senate Floor |
Passed |
|
| Feb 5, 2025 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Judiciary |
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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|---|---|---|
| Department of the Prosecuting Attorney of the City and County of Honolulu | ** Support | |
| Domestic Violence and Child Abuse Felony Division of the Office of the Prosecuting Attorney of the City and County of Honolulu | ** Support | |
| Family Prosecution Division of the Office of the Prosecuting Attorney of the City and County of Honolulu | ** Support | |
| Hawaii County Police Department | ** Support | |
| Hawaii State Chapter of Children's Justice Centers | *** Support | Apr 2, 2025 |
| Hawaiian Islands Republican Women | ** Support | |
| Hawaiian Islands Republican Women | *** Support | Mar 11, 2025 |
| Hawaii State Chapter of Children's Justice Centers | ** Support | |
| Honolulu Fire Department | ** Support | |
| Honolulu Police Department | ** Support | |
| Kaua‘i County Council | *** Support | Feb 4, 2025 |
| Kingdom of The Hawaiian Islands | *** Support | Mar 11, 2025 |
| Kulia I Ka nu'u Outreach Services | *** Support | Mar 11, 2025 |
| Kulia i Ka Nuu | ** Support | |
| Office of the Prosecuting Attorney of the County of Hawaii | ** Support | |
| Office of the Public Defender | ** Against | |
| Ohana Unity Party | *** Support | Mar 11, 2025 |
CONFERENCE COMMITTEE REP. NO. 27
Honolulu, Hawaii
, 2025
RE: S.B. No. 281
S.D. 1
H.D. 2
C.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Sir and Madam:
Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 281, S.D. 1, H.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO TORTURE,"
having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.
The purpose of this measure is to establish the offense of torture as a class A felony in the State.
Your Committee on Conference finds that existing law does not clearly define torture, even though it should be explicitly prohibited. Your Committee on Conference believes that it is essential to distinguish between abuse and torture because they differ in severity, and the penalties should reflect that distinction. This measure will establish charges that accurately reflect the severity of these acts and ensure that offenders are held accountable for the magnitude of their crimes.
Your Committee on Conference has amended this measure by:
(1) Establishing a defense to the offense of torture where the conduct consists of depriving the minor or vulnerable person of necessary food, water, or clothing if the deprivation was caused solely by poverty, destitution, or lack of financial means; and
(2) Making a technical, nonsubstantive amendment for the purposes of clarity and consistency.
As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 281, S.D. 1, H.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 281, S.D. 1, H.D. 2, C.D. 1.
Respectfully submitted on behalf of the managers:
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ON THE PART OF THE HOUSE |
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ON THE PART OF THE SENATE |
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____________________________ LISA MARTEN Co-Chair |
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____________________________ KARL RHOADS Chair |
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____________________________ DAVID A. TARNAS Co-Chair |
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STAND. COM. REP. NO. 2034
Honolulu, Hawaii
, 2025
RE: S.B. No. 281
S.D. 1
H.D. 2
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Madame:
Your Committee on Judiciary & Hawaiian Affairs, to which was referred S.B. No. 281, S.D. 1, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO TORTURE,"
begs leave to report as follows:
The purpose of this measure is to establish the offense of torture as a class A felony in the State.
Your Committee received testimony in support of this measure from the Department of the Prosecuting Attorney of the City and County of Honolulu; Honolulu Police Department; Hawaii County Police Department; Family Prosecution Division of the Office of the Prosecuting Attorney of the City and County of Honolulu; Domestic Violence and Child Abuse Felony Division of the Office of the Prosecuting Attorney of the City and County of Honolulu; Honolulu Fire Department; Office of the Prosecuting Attorney of the County of Hawaii; Hawaii State Chapter of Children's Justice Centers; and five individuals. Your Committee received testimony in opposition to this measure from the Office of the Public Defender.
Your Committee finds that under existing law, the State only punishes torture as an aggravating circumstance for murder. Even application of that sentence has been substantially weakened because the prosecution must prove that the torture inflicted was "unnecessary". Your Committee also finds that in 2024, there were several cases involving the torture of children; however, existing laws provided no framework to charge and penalize the perpetrators appropriately. Your Committee believes that it is essential to distinguish between abuse and torture, as they differ in severity, and the penalties should reflect that distinction. The prohibitions established under this measure accurately reflect the severity of torture and ensure that offenders are held accountable for the magnitude of their crimes.
Your Committee has amended this measure by:
(1) Including a definition for "restricts"; and
(2) 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 Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 281, S.D. 1, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 281, S.D. 1, H.D. 2.
Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,
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____________________________ DAVID A. TARNAS, Chair |
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STAND. COM. REP. NO. 1208
Honolulu, Hawaii
, 2025
RE: S.B. No. 281
S.D. 1
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 S.B. No. 281, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO TORTURE,"
begs leave to report as follows:
The purpose of this measure is to establish the offense of torture as a class A felony in the State.
Your Committee received testimony in support of this measure from the Department of the Prosecuting Attorney of the City and County of Honolulu; Office of the Prosecuting Attorney of the County of Hawaiʻi; Honolulu Police Department; Hawaiian Islands Republican Women; Kulia i Ka Nuu; and numerous individuals. Your Committee received testimony in opposition to this measure from the Office of the Public Defender.
Your Committee finds that existing criminal laws in the State fail to sufficiently address extreme acts of cruelty and sadistic abuse, leaving gaps in legal protections for vulnerable individuals, including children and adults. This measure establishes torture as a class A felony, ensuring that perpetrators of severe physical and psychological abuse face appropriate legal consequences.
Your Committee has amended this measure by:
(1) Including the act of knowingly depriving a minor or vulnerable person of necessary food, water, or clothing as an act that can constitute the offense of torture;
(2) Defining "deprives";
(3) Clarifying the definition of "vulnerable person"; 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 S.B. No. 281, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 281, S.D. 1, 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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STAND. COM. REP. NO. 814
Honolulu, Hawaii
RE: S.B. No. 281
S.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Sir:
Your Committee on Judiciary, to which was referred S.B. No. 281 entitled:
"A BILL FOR AN ACT RELATING TO TORTURE,"
begs leave to report as follows:
The purpose and intent of this measure is to define and prohibit the offense of torture.
Your Committee received testimony in support of this measure from the Department of the Prosecuting Attorney of the City and County of Honolulu, Honolulu Police Department, Office of the Prosecuting Attorney of the County of Hawaiʻi, one member of the Kauaʻi County Council, and one individual.
Your Committee received testimony in opposition to this measure from the Office of the Public Defender.
Your Committee finds that many forms of cruel and degrading sadism are inadequately addressed by existing criminal law. Some acts occur during aggravated kidnappings or following repeated assaults, while other acts, such as starvation or electrocution, may inflict immense suffering without technically causing bodily injury. This measure will protect the most vulnerable members in the State's communities from torture.
Your Committee notes that, in some instances, parents or guardians may inadvertently fail to provide a minor or vulnerable person necessary food, water, or clothing due to poverty. Your Committee further notes that the measure, as written, may be construed to include administering necessary medication prescribed by a physician to a minor or a vulnerable person as torture.
Accordingly, your Committee has amended this measure by:
(1) Requiring a person to knowingly, rather than recklessly, cause serious bodily injury or substantial bodily injury to another person, where the actor has previously engaged in a pattern or practice of physically abusing the other person to be guilty of the offense of torture;
(2) Deleting language that would have included the act of knowingly depriving a minor or vulnerable person of necessary food, water, or clothing as torture;
(3) Clarifying that a person who knowingly forces a minor or vulnerable person to ingest mind-altering drugs that have not been prescribed by a physician for the minor or vulnerable person on three or more occasions within a period of two years is guilty of the offense of torture;
(4) Clarifying that "pattern or practice" requires two or more acts within a period of two years with a common state of mind; and
(5) 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. 281, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 281, S.D. 1, and be placed on the calendar for Third Reading.
Respectfully submitted on behalf of the members of the Committee on Judiciary,
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________________________________ KARL RHOADS, Chair |
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Date
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Testimony PDF
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| Apr 2, 2025 | SB281_HD1_TESTIMONY_JHA_04-02-25_.PDF |
| Mar 11, 2025 | SB281_SD1_TESTIMONY_HSH_03-11-25_.PDF |
| Feb 4, 2025 | SB281_TESTIMONY_JDC_02-05-25_.PDF |
Bill Author
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