HOUSE OF REPRESENTATIVES
H.B. NO.
1959
THIRTY-THIRD LEGISLATURE, 2026
H.D. 2
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO DOMESTIC VIOLENCE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
PART I
SECTION 1. Section 709-906, Hawaii Revised Statutes, is amended by amending subsection (18) to read as follows:
"(18) Notwithstanding any provision of law to the contrary, the court may grant a deferred acceptance of guilty plea pursuant to chapter 853 for [[Struck through: misdemeanor or]] petty misdemeanor offenses of abuse of a family or household member when the defendant:
(a) Has no prior conviction; or
(b) Has not been previously granted a deferred acceptance of guilty plea,
for any offense charged in family court under this section regardless of the final plea."
PART II
SECTION 2. 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 This Act shall take effect on January 1, 2021; provided that sections 2, 3, and 4 shall be repealed on June 30, [[Struck through: 2026;]] [Underlined: 2031;] provided further that sections 706-623, 709‑906, and 853‑4, Hawaii Revised Statutes, shall be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 3. 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 This Act shall take effect upon its approval; provided that section 1 shall be repealed on June 30, [[Struck through: 2026;]] [Underlined: 2031;] provided further that section 709-906, Hawaii Revised Statutes, shall be reenacted in the form in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 4. 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provided that the amendments made to section 709-906, Hawaii Revised Statutes, by section 4 of this Act shall not be repealed when that section is reenacted on June 30, [[Struck through: 2026,]] [Underlined: 2031,] pursuant to: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 III
SECTION 5. (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 2026, 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, 2026, shall only include data starting from the effective date of this Act.
(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 program 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 program had an impact on dismissals pursuant to rule 48 of the Hawaii rules of penal procedure;
(2) Whether recidivism rates changed after the pilot program;
(3) Whether successful completion of domestic violence programs, anger management, or parenting classes increased during the pilot program;
(4) Whether the pilot program provided faster case resolution; and
(5) Any recommendations for legislation, including whether to make the pilot program permanent.
PART IV
SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 8. This Act shall take effect on July 1, 3000; provided that section 1 shall be repealed on June 30, 2031, and section 709-906, Hawaii Revised Statutes, shall be reenacted in the form in which it read on December 31, 2020.
Report Title:
Domestic Violence; Abuse of Family or Household Member; Deferred Acceptance of Guilty Plea; Penalties
Description:
Temporarily specifies that a court may grant a deferred acceptance of guilty plea only for petty misdemeanor offenses, rather than for misdemeanor and petty misdemeanor offenses. 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 members, clarifying penalties for violations, and allowing a deferred acceptance of guilty plea for misdemeanor and petty misdemeanor abuse of family or household members offenses. Effective 7/1/3000. (HD2)
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