Bill Text: HI SB334 | 2022 | Regular Session | Introduced
Bill Title: Relating To Civil Liability.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-12-10 - Carried over to 2022 Regular Session. [SB334 Detail]
Download: Hawaii-2022-SB334-Introduced.html
|
THE SENATE |
S.B. NO. |
334 |
|
THIRTY-FIRST LEGISLATURE, 2021 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
relating to CIVIL LIABILITY.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1.
The legislature finds that the right to defense is a fundamental
right. Good persons employing
justifiable force to protect themselves, others, or property should not be
subject to civil liability arising from those actions. Defendants charged with a crime can face tens
or even hundreds of thousands of dollars in attorney's fees, court costs, lost
wages, and other expenses. This
financial burden is unfair for a person who is charged with a crime and subsequently
found not guilty because of defense of self, others, or property. Such situations can lead to financial
hardships, bankruptcy, and other hardships that these individuals do not
deserve to bear.
The purpose of this Act is to:
(1) Ban civil actions arising from use of justifiable force if the defendant has been found not guilty of any related criminal charges arising from use of justifiable force; and
(2) Provide reimbursement of reasonable legal costs to defendants when the defendant is found not guilty due to the justifiable use of force to protect themselves, others, or property under certain circumstances.
SECTION 2. Chapter 657, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§657- Limitation of civil actions arising from use of justifiable force; related criminal charges. No action to recover damages for any injury to property, real or personal, or for bodily injury or wrongful death arising from justifiable use of force pursuant to sections 703-304, 703-305, and 703-306 shall be commenced against a defendant who has been found not guilty by reason of justification as a defense in a prosecution for an offense arising from the same incident under sections 707-701.5, 707-702, 707-702.5, 707-703, 707-704, 707-705, 707‑706, 707‑710, 707-711, 707-712, 707-713, 707-714, 707-716, 707‑717, 707-720, 707‑721, or 707‑722 and any related criminal charges; provided that the defendant is granted reimbursement pursuant to section 703‑ ."
SECTION 3. Chapter 703, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§703-
Defense; reimbursement. (1)
If a person charged with an offense under sections 707-701.5, 707-702,
707-702.5, 707-703, 707-704, 707-705, 707-706, 707-710, 707-711, 707-712, 707-713,
707-714, 707-716, 707-717, 707-720, 707-721, or 707-722 is found not guilty by reason
of justification as a defense pursuant to sections 703‑304, 703-305, or
703-306, the State shall reimburse the defendant for all reasonable costs, including
lost wages; legal costs and fees, including those for appeals; and other
expenses involved in the defendant's defense.
The reimbursement shall not be an independent cause of action. For a defendant to be entitled to an award of
reasonable costs, the trier of fact shall find by a preponderance of evidence
that the defendant's justification defense pursuant to sections 703‑304,
703-305, or 703-306 entitles the defendant to acquittal. If the trier of fact makes such a finding,
the court shall determine the amount of the award.
(2) Notwithstanding a finding by the trier of
fact that the defendant's justification defense pursuant to sections 703‑304,
703‑305, or 703-306, entitles the defendant to acquittal, if the trier of
fact also finds that the defendant was engaged in criminal conduct
substantially related to the events giving rise to the charges against the
defendant, the court may deny or reduce the amount of the award. In determining the amount of the award, the
court shall also consider the severity of the criminal conduct.
This section shall not be deemed
to preclude the legislature from paying a claim to the defendant where no award
was granted by the court or from paying a claim higher than the award granted
by the court.
(3) Whenever a jury finds that the defendant's justification
defense pursuant to sections 703-304, 703-305, or 703-306 entitles the defendant
to an acquittal, the court shall instruct the jury to return a special verdict
in substantially the following form:
Answer
"Yes" or "No"
1. Was the finding of not guilty based upon a justification
defense?
2. If your answer to question 1 is "no", do not
answer the remaining questions.
3. If your answer to question 1 is "yes", was
the defendant:
a. Protecting himself or herself?
b. Protecting another, including his or her family?
c. Protecting his or her property?
d. Engaged in criminal conduct substantially related to the
events giving rise to the crime with which the defendant is charged?
(4) Whenever a court finds that the defendant's justification defense pursuant to sections 703-304, 703-305, or 703-306 entitles the defendant to an acquittal, the court shall consider the same questions identified in subsection (3)."
SECTION 4. Section 703-301, Hawaii Revised Statutes, is amended to read as follows:
"§703-301 Justification a defense; civil remedies [unaffected.]
barred. (1) In any prosecution for an offense, justification,
as defined in sections 703-302 through 703-309, is a defense.
(2) The fact that conduct is justifiable under
this chapter [does not] shall abolish [or impair] any
remedy for such conduct which is available in any civil action."
SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Report Title:
Description:
Limits civil actions arising from use of justifiable force if the defendant has been found not guilty by reason of a justification defense. Provides reimbursement of reasonable legal costs to defendants charged with an offense under certain sections of the Penal Code if the defendant is found not guilty because the use of force upon or toward another person is justifiable because of self-protection, protection of others, or protection of property.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
