Bill Text: HI HB1570 | 2024 | Regular Session | Introduced
Bill Title: Relating To Use Of Force In Self-protection.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-24 - Referred to JHA, referral sheet 1 [HB1570 Detail]
Download: Hawaii-2024-HB1570-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1570 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO USE OF FORCE IN SELF-PROTECTION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. 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 use of force
is immediately necessary for the purpose of protecting [himself] oneself
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] oneself
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] that 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[:] to
resist:
(a) [To resist an]
An arrest [which] that the actor knows is being made by a
law enforcement officer, although the arrest is unlawful; or
(b) [To resist
force] Force used by the occupier or possessor of property or by
another person on [his] behalf[,] of the occupier or possessor
of the property, where the actor knows that the person using the force is
doing so under a claim of right to protect the property[, except];
provided that this limitation shall not apply if[:] the actor:
(i) [The actor is]
Is a public officer acting in the performance of [his] the public
officer's duties [or], a person lawfully assisting [him]
the public officer therein, or a person making or assisting in a
lawful arrest; or
(ii) [The actor
believes] Believes that [such] the force is necessary
to protect [himself] oneself against death or serious bodily
injury.
(5)
The use of deadly force is not justifiable under this section if[:
(a) The] the
actor, with the intent of causing death or serious bodily injury, provoked the
use of force against [himself] oneself in the same encounter[;
or
(b) The actor knows
that he 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 abstain from any
action which he has no duty to take, except that:
(i) The
actor is not obliged to retreat from his dwelling or place of work, unless he
was the initial aggressor or is assailed in his place of work by another person
whose place of work the actor knows it to be; and].
[(ii)] (6) A public officer justified in using force in
the performance of [his] the public officer's duties, [or]
a person justified in using force in [his] the assistance of
the public officer therein, 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] or assist in the performance of the 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)] (7) 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] the actor safely can, unless the person
confined has been arrested on a charge of crime."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Self-Protection; Use of Force; Deadly Force
Description:
Clarifies when the use of deadly force is not justified.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
