SCR 91: urging the legislature to advance legislation and support policies that safeguard individuals in the agricultural community, their families, their livestock and other property, and other individuals under their employment or care by amending the State's self‑defense laws to deprioritize the duty to retreat in certain circumstances.

SENATE CONCURRENT

RESOLUTION

urging the legislature to advance legislation and support policies that safeguard individuals in the agricultural community, their families, their livestock and other property, and other individuals under their employment or care by amending the State's self‑defense laws to deprioritize the duty to retreat in certain circumstances.

     WHEREAS, the tragic death in 2024 of local rancher Cranston Duke Pia (Pia) brought national, critical attention to an issue disproportionately affecting agricultural workers; and

     WHEREAS, Pia was fatally shot in front of his mother in a confrontation with an intruder, whose dogs were attacking Pia's cattle; and

     WHEREAS, this incident was not only a personal tragedy and loss for Pia's family and community but also raised broader questions about the risks agricultural workers face, particularly in remote and isolated locations; and

     WHEREAS, this incident also served as a stark reminder of the vulnerabilities inherent in the agricultural sector and ignited debates about the sufficiency of Hawaii's current legal protections for individuals defending their property and lives under similar circumstances; and

     WHEREAS, stand your ground laws, which eliminate the duty to retreat before using force in self-defense in certain spaces, have been enacted in twenty-six states; and

     WHEREAS, the Legislature recognizes that the intent of King Kamehameha I's version of a stand your ground law is embodied in his Law of the Splintered Paddle, which has been adopted and incorporated into the Hawaii State Constitution; and

     WHEREAS, an amendment to the State's stand your ground law is necessary to deter violent trespassing and the commission of crimes on agricultural lands to protect the lives of, and address the unique challenges faced by, agricultural workers; now, therefore,

     BE IT RESOLVED by the Senate of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2025, the House of Representatives concurring, that this body is urged to advance legislation and support policies that safeguard individuals in the agricultural community, their families, their livestock and other property, and other individuals under their employment or care by amending the State's self-defense laws to affirm an actor is not obligated to retreat, has the right to stand on the actor's ground, and may justifiably use deadly force in self-protection if the actor is not engaged in criminal activity and is on agricultural land where the actor has a right to be; provided that the actor was not the original aggressor; and

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, Speaker of the House of Representatives, and President of the Senate.

Report Title: 

Stand Your Ground Law; Agricultural Land; Duty to Retreat; Self-Protection; Deadly Force

STAND. COM. REP. NO. 1188

Honolulu, Hawaii

RE:    S.C.R. No. 91

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Agriculture and Environment, to which was referred S.C.R. No. 91 entitled:

"SENATE CONCURRENT RESOLUTION URGING THE LEGISLATURE TO ADVANCE LEGISLATION AND SUPPORT POLICIES THAT SAFEGUARD INDIVIDUALS IN THE AGRICULTURAL COMMUNITY, THEIR FAMILIES, THEIR LIVESTOCK AND OTHER PROPERTY, AND OTHER INDIVIDUALS UNDER THEIR EMPLOYMENT OR CARE BY AMENDING THE STATE'S SELF‑DEFENSE LAWS TO DEPRIORITIZE THE DUTY TO RETREAT IN CERTAIN CIRCUMSTANCES,"

begs leave to report as follows:

     The purpose and intent of this measure is to appropriate funds to the Department of Agriculture for agricultural biosecurity and the prevention, detection, and control of invasive species in Maui County.

     Your Committee received testimony in support of this measure from the Department of Agriculture University of Hawaiʻi System, Hawaii Invasive Species Council, Maui Invasive Species Committee, Molokai Subcommittee of the Maui Invasive Species Committee, Office of the Mayor of the County of Maui, one member of the Maui County Council, Hawaiʻi Farm Bureau, Coordinating Group on Alien Pest Species, Maui Chamber of Commerce, Mālama Learning Center, Hawaiʻi Farmers Union United, and seventeen individuals.

     Your Committee recognizes that the jurisdiction of Maui County covers three islands:  Maui, Molokai, and Lanai.  Your Committee finds that Molokai lacks a quarantine facility, there is no island invasive species committee on Lanai, and both islands historically have not had dedicated state agricultural inspectors.  Your Committee further recognizes that the cost of controlling invasive species after they become established is significantly higher than the cost of prevention and early intervention.  According to testimony received by your Committee, pests such as the little fire ant, coconut rhinoceros beetle, and coqui frog have not yet been detected on Molokai or Lanai, making prevention efforts all the more urgent.  This measure aims to safeguard local agriculture and also preserve the environment of the islands in Maui County as repositories for native species and agricultural biodiversity.

     As affirmed by the record of votes of the members of your Committee on Agriculture and Environment that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 91 and recommends that it be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Agriculture and Environment,