Report Title:

Justification; Use of Deadly Force

 

Description:

Allows the use of deadly force when protecting one's primary dwelling against an intruder who enters the primary dwelling without invitation.  Exempts the actor from civil liability for injuries or damages resulting from the use of deadly force.

 

HOUSE OF REPRESENTATIVES	H.B. NO.	582
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO uSE OF DEADLY FORCE.

 

 

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

 

     SECTION 1.  Chapter 663, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§663-    Exception to liability for use of deadly force for the protection of a primary dwelling.  Any actor who uses deadly force in accordance with section 703-   shall be immune from civil liability for injuries or damages, or both, resulting from the use of that deadly force."

     SECTION 2.  Chapter 703, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§703-    Use of deadly force for the protection of a primary dwelling.  (1)  Notwithstanding any other provision of law, the use of deadly force upon or toward the person of another is justifiable when the actor uses deadly force to defend the actor's primary dwelling, provided that the person against whom the deadly force is used:

    (a)   Has entered the actor's primary dwelling without invitation;

    (b)   Is inside the actor's primary dwelling at the time the   actor uses deadly force; and

    (c)   Is not a law enforcement officer who enters the dwelling in the performance of the officer's official duties."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________