THE SENATE	S.B. NO.	1607
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO GENERAL PRINCIPLES OF JUSTIFICATION.

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

SECTION 1. The legislature finds that for years, farmers and ranchers have had dangerous altercations with intruders on their property. The legislature recognizes that although Hawaii does not have a "stand-your-ground" law as in other states, Hawaii does have a castle doctrine in chapter 703, Hawaii Revised Statutes, which in relevant part establishes general principles under which a person may justifiably use force that would otherwise be prohibited under criminal law. The State's current castle doctrine protects individuals from prosecution when they justifiably use deadly force to stop intruders in their dwellings and places of work. Notably, the castle doctrine, in relevant part, releases an innocent victim from the duty to attempt a retreat from the victim's dwelling or place of work before using deadly force to stop a threat to the victim's life. However, within the relevant law, the definition of the term "dwelling" does not specifically include agricultural land, and the term "place of work" is not defined at all. In practice, the castle doctrine is not currently applied to extend to agricultural lands. The legislature believes that action is necessary to protect farmers and ranchers from agricultural crimes.

Accordingly, the purpose of this Act is, for the purposes of chapter 703, Hawaii Revised Statutes, to:

(1) Amend the definition of "dwelling" to include agricultural land used as a residence or place of lodging; and

(2) Create a definition of "place of work" that includes agricultural land.

SECTION 2. Section 703-300, Hawaii Revised Statutes, is amended as follows:

1. By adding two new definitions to be appropriately inserted and to read:

""Agricultural land" shall have the same meaning as in section 663-10.99, but shall include otherwise qualifying land of any acreage.

"Place of work" means any building, agricultural land, or parcel of real property that serves as the place at which a person works."

2. By amending the definition of "dwelling" to read:

"Dwelling" means any [building]:

(1) Building or structure, though movable or temporary, or a portion thereof[, which]; or

(2) Agricultural land;

that is for the time being a home, residence, or place of lodging.

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Penal Code; Justification; Deadly Force; Agricultural Lands

Description:

For the purposes of state justifiable-use-of-force law: (1) Amends the definition of "dwelling" to include agricultural land used as a residence or place of lodging; and (2) Creates a definition of "place of work" that includes agricultural land.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.