HB 491 Summary

• Establishes a five-year pilot project to strengthen state and county responses to domestic violence by amending penalties for abuse of family or household members under Hawaii Revised Statutes section 709-906.

• Creates a new petty misdemeanor offense for intentionally or knowingly striking, shoving, kicking, or otherwise touching a family or household member in an offensive manner, with penalties determined by sections 706-640 and 706-663.

• Allows defendants charged with misdemeanor or petty misdemeanor abuse offenses to enter a deferred acceptance of guilty plea or no contest plea, which can be set aside if the defendant fails to complete court-ordered domestic violence intervention programs or parenting classes within the specified timeframe.

• Permits courts to revoke probation or set aside deferred acceptance pleas and resentence defendants to maximum incarceration if they fail to complete required programs or violate sentencing conditions, after a hearing on an order to show cause.

• Requires annual reporting to the legislature by the judiciary, police departments, and prosecutors on arrests, charges, convictions, and case outcomes for domestic violence offenses through the 2024 legislative session.