Explanation of H.B. 291 (Use of Force in Self-Protection)
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.
Why the bill was created:
There has been a noticeable increase in violent crimes, especially violent weapon incidents in some areas like Leeward Oahu. Because of this, lawmakers want to make sure Hawaiians understand when they can legally defend 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.
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