Simple Explanation of H.B. 291: Use of Force in Self-Protection

Hawaii lawmakers have introduced a bill (H.B. 291) to address the recent rise in violent crimes across the state. The goal is to clarify when people are allowed to use force, including deadly force, to protect themselves.

Key points of the bill in simple terms:

• Using force is allowed when a person believes they need it immediately to protect themselves from being harmed unlawfully.
• Deadly force (force that can cause death or serious injury) is allowed if someone believes it is necessary to protect themselves from death, serious injury, kidnapping, rape, or forcible sodomy.
• You don’t have to retreat or give up your possessions before using protective force. In other words, if you feel threatened, you don’t need to run away or surrender before defending yourself.
• Using force is NOT allowed to:
  • Fight against a lawful arrest, even if you think it’s unfair or illegal.
  • Fight against someone who is protecting their property, except if you believe deadly force is needed to protect yourself from death or serious injury.
  • Use deadly force if you started or provoked the fight or can safely avoid using deadly force by retreating, except you don’t have to retreat from your home or your workplace unless you were the first aggressor.
• Police officers and people assisting them don’t have to stop their duties just because someone resists or threatens to resist.
• If you confine someone for protection (like holding them), you must try to end the confinement as soon as it is safe to do so unless that person has been arrested for a crime.

What this means:

This bill reinforces the right of people in Hawaii to protect themselves from violence without the legal requirement to retreat first. It also clearly states when deadly force is acceptable and when it is not, aiming to balance personal safety with responsible use of force.

Note: This bill also makes sure that these rules do not affect past legal cases or penalties that happened before this law starts.

The bill is designed to take effect as soon as it is approved.

House Bill 1717 - Summary in Layman's Terms

Description: This bill aims to clarify the circumstances under which a person can use deadly force to protect themselves in Hawaii. It specifically addresses the use of force in self-protection when faced with imminent danger.

Key Points:

• There has been a rise in violent crimes in Hawaii, making it important for residents to defend themselves in dangerous situations.
• The bill amends certain sections of the Hawaii Revised Statutes to define when the use of deadly force is justified.
• Protective force can be used when necessary to protect against death, serious bodily injury, kidnapping, rape, or forcible sodomy.
• Use of force is not justified in certain situations, such as resisting an arrest by law enforcement or when the person provoked the use of force.
• Public officers or individuals assisting them are not required to stop their actions if faced with resistance.
• Confinement as protective force is allowed if the person takes steps to end it as soon as it is safe to do so.

Impact: The bill aims to provide clarity on when individuals can use deadly force for self-protection in Hawaii, ensuring that they have the right to defend themselves in dangerous situations.

Explanation of House Bill No. 636

The bill is about the use of force in self-protection in the state of Hawaii. The legislature has noticed an increase in violent crimes in Honolulu and aims to grant residents the right to defend themselves in dangerous situations, even using deadly force if necessary.

Key Points:

• The use of force is justifiable for self-protection against unlawful force from another person.
• Deadly force can be used to protect oneself from death, serious bodily injury, kidnapping, rape, or forcible sodomy.
• A person can use force without retreating or surrendering possession, unless there is a duty to do so.
• It is not justifiable to resist an arrest by a law enforcement officer or to resist force used in defense of property, unless in specific circumstances.
• Deadly force is not justifiable if the actor provoked the use of force or if there is a safe way to avoid using deadly force.

This Act does not affect past rights and duties and will take effect upon approval.