Extends for five years certain provisions from Act 19, SLH 2020, and Act 238, SLH 2021, relating to abuse of family or household members, including establishing a petty misdemeanor offense of abuse of family or household, the official text

HOUSE OF REPRESENTATIVES

H.B. NO.

1959

THIRTY-THIRD LEGISLATURE, 2026

H.D. 2

STATE OF HAWAII

S.D. 1

C.D. 1

A BILL FOR AN ACT

RELATING TO DOMESTIC VIOLENCE.

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

PART I

SECTION 1.  Act 19, Session Laws of Hawaii 2020, is
amended by amending section 15 to read as follows:

"SECTION 15.  This Act shall take effect on January 1,
2021; provided that sections 2, 3, and 4 shall be repealed on June 30, [2026;]
2031; provided further that sections 706-623, 709‑906, and 853‑4,
Hawaii Revised Statutes, shall be reenacted in the form in which they read on
the day prior to the effective date of this Act."

SECTION 2.  Act 238, Session Laws of Hawaii 2021, is
amended by amending section 4 to read as follows:

"SECTION 4.  This Act shall take effect upon its approval;
provided that section 1 shall be repealed on June 30, [2026;] 2031;
provided further that section 709-906, Hawaii Revised Statutes, shall be
reenacted in the form in which it read on December 31, 2020."

SECTION 3.  Act 23, Session Laws of Hawaii 2023, as
amended by section 15 of Act 178, Session Laws of Hawaii 2024, is amended by
amending section 7 to read as follows:

"SECTION 7.  This Act shall take effect upon its approval;
provided that the amendments made to section 709-906, Hawaii Revised Statutes,
by section 4 of this Act shall not be repealed when that section is reenacted
on June 30, [2026,] 2031, pursuant to:

(1)  Section 15 of Act
19, Session Laws of Hawaii 2020; and

(2)  Section 4 of Act
238, Session Laws of Hawaii 2021."

PART II

SECTION 4.  (a)
The judiciary shall submit a report regarding cases filed with the
judiciary involving offenses under section 709-906, Hawaii Revised Statutes, to
the legislature no later than December 1 of 2027, 2028, 2029, and 2030.  The report shall include:

(1)  The final outcome of each case, including the
number of cases dismissed, deferred with a successful case closure, and
sentenced, by category;

(2)  The number of defendants, by category, who:

(A)  Pleaded guilty or no contest;

(B)  Were found guilty after trial;

(C)  Were found not guilty; and

(D)  Had other adjudicative outcomes, including
mistrial or dismissal after trial;

(3)  The number of domestic violence assessments
ordered and completed and number of defendants referred to treatment after
assessment;

(4)  In cases in which an offender was required to
complete a domestic violence intervention program, anger management course, or
parenting classes, the report shall include, by category:

(A)  The number of cases in which the program was
completed or not completed; and

(B)  Any reasons for failure to complete the
program and the consequences for failure to complete the program;

(5)  The number and offense type for any new
charges for defendants while their case is open and for one year after they
completed treatment;

(6)  The number of times a deferred acceptance of
guilty has been granted to the same defendant; and

(7)  The amount of time between initiation of the
case and completion of the case.

(b)  The report due on December 1, 2027, shall
only include data starting from July 1, 2026.

(c)  For the report due on December 1, 2030, the
judiciary, in consultation with the criminal justice research institute, shall
also include an evaluation of the pilot project under Act 19, Session Law of
Hawaii 2020, and Act 238, Session Laws of Hawaii 2021, that reviews the data
required under subsection (a), where available, from 2016 to 2029, to evaluate
the following:

(1)  Whether the length of case adjudication
changed before and after the pilot project had an impact on dismissals pursuant
to rule 48 of the Hawaii rules of penal procedure;

(2)  Whether recidivism rates changed after the
pilot project;

(3)  Whether successful completion of domestic
violence programs, anger management, or parenting classes increased during the
pilot project;

(4)  Whether the pilot project provided faster case
resolution; and

(5)  Any recommendations for legislation, including
whether to make the pilot project permanent.

PART III

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 on June 29, 2026.