SB 2843: Domestic Violence; Abuse of Family or Household Member; Penalties

A BILL FOR AN ACT

relating to domestic violence.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Act 19, Session Laws of Hawaii 2020, is amended by amending section 15 to read as follows:

     "SECTION 15.  This Act shall take effect on January 1, 2021; provided that [sections]:

     (1)  Sections 2[, 3,] and 4 shall be repealed on June 30, 2026; provided further that sections 706-623[, 709‑906,] and 853‑4, Hawaii Revised Statutes, shall be reenacted in the form in which they read on the day prior to the effective date of this Act[.]; and

     (2)  Section 3 shall be repealed on June 30, 2031; provided further that section 709-906, Hawaii Revised Statutes, shall be reenacted in the form in which it read on the day prior to the effective date of this Act."

     SECTION 2.  Act 238, Session Laws of Hawaii 2021, is amended by amending section 4 to read as follows:

     "SECTION 4.  This Act shall take effect upon its approval; provided that section 1 shall be repealed on June 30, [2026;] 2031; provided further that section 709-906, Hawaii Revised Statutes, shall be reenacted in the form in which it read on December 31, 2020."

     SECTION 3.  Act 23, Session Laws of Hawaii 2023, as amended by section 15 of Act 178, Session Laws of Hawaii 2024, is amended by amending section 7 to read as follows:

     "SECTION 7.  This Act shall take effect upon its approval; provided that the amendments made to section 709-906, Hawaii Revised Statutes, by section 4 of this Act shall not be repealed when that section is reenacted on June 30, [2026,] 2031, pursuant to:

     (1)  Section 15 of Act 19, Session Laws of Hawaii 2020; and

     (2)  Section 4 of Act 238, Session Laws of Hawaii 2021."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on June 29, 2026.

Report Title:

Domestic Violence; Abuse of Family or Household Member; Penalties

Description:

Extends for five years certain provisions from Act 19, SLH 2020, and Act 238, SLH 2021, relating to abuse of family or household members, including establishing a petty misdemeanor offense of abuse of family or household members, clarifying penalties for violations, and allowing a deferred acceptance of guilty plea for misdemeanor and petty misdemeanor abuse of family or household members offenses.  Effective 6/29/2026.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO. 2434

Honolulu, Hawaii

RE:     S.B. No. 2843

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. 2843 entitled:

"A BILL FOR AN ACT RELATING TO DOMESTIC VIOLENCE,"

begs leave to report as follows:

     The purpose and intent of this measure is to extend for five years certain provisions from Act 19, Session Laws of Hawaii 2020 (Act 19), and Act 238, Session Laws of Hawaii 2021 (Act 238), relating to abuse of family or household members, including establishing a petty misdemeanor offense of abuse of family or household members, clarifying penalties for violations, and allowing a deferred acceptance of guilty plea for misdemeanor and petty misdemeanor abuse of family or household members offenses.

     Your Committee received testimony in support of this measure from the Office of the Public Defender, Hawaii State Commission on the Status of Women, Crime Victim Compensation Commission, Department of the Prosecuting Attorney of the County of Maui, Office of the Prosecuting Attorney of the County of Hawaii, Rainbow Family 808, and six individuals.

     Your Committee finds that Act 19 established a five-year pilot project to strengthen state and county responses to domestic violence and increase offender accountability, and that Act 238 added coercive control between family or household members to the pilot project.  Your Committee further finds that continued implementation is necessary to collect sufficient data and ensure thoughtful policy evaluation before any permanent decisions are made.  This measure addresses the ongoing challenge of domestic violence by extending the sunset dates of Act 19 and Act 238 and the legal provisions that directly affect victim protection and recourse available to both survivors and offenders of abuse, with the goal of reducing recidivism and increasing stability for families affected by domestic violence.

     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. 2843 and recommends that it pass Second Reading and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Health and Human Services,