Bill Text: HI HB2464 | 2022 | Regular Session | Amended
Bill Title: Relating To Use Of Force In Self-protection.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced - Dead) 2022-03-08 - Recommitted to JHA with Representative(s) Okimoto, Tokioka voting no and Representative(s) Holt excused. [HB2464 Detail]
Download: Hawaii-2022-HB2464-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2464 |
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THIRTY-FIRST LEGISLATURE, 2022 |
H.D. 1 |
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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 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] 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:
(a) To resist an arrest which the actor knows is being made by a law enforcement officer, although the arrest is unlawful; or
(b) To resist force used by the occupier or possessor
of property or by another person on [his] the person's behalf,
where the actor knows that the person using the force is doing so under a claim
of right to protect the property, except that this limitation shall not apply if:
(i) The actor is a public officer acting in the
performance of [his] the officer's duties or a person lawfully
assisting [him] the officer therein or a person making or
assisting in a lawful arrest; or
(ii) The actor believes that such 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 officer's
duties, or a person justified in using force in [his] the person's
assistance 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]
the person's 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 on January 1, 2222.
Report Title:
Self-Protection; Use of Force; Deadly Force
Description:
Clarifies when the use of deadly force is not justified. Effective 1/1/2222. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
