Bill
GM 1247
Adds a new standalone torture offense (Class A felony) in Hawaii for severe abuse, protecting minors and vulnerable people, with three pathways of serious harm.
GM 1247 — Summary of Act 147 (SB281, SD1, HD2, CD1)
Overview
- This proclamation communicates that SB281, as amended (SD1, HD2, CD1), was signed into law by the Governor as Act 147 on May 30, 2025. The Act adds a new offense of torture to Hawaii’s criminal code, defined as a class A felony.
Purpose and Intent
- The Legislature found that certain cruel and degrading acts causing extreme suffering can be criminal even when they do not fit existing bodily-injury offenses.
- The Act aims to protect victims, including minors and other vulnerable persons, by recognizing torture as a standalone, serious felony with specific conduct triggers.
Key Provisions and Definitions
- New offense: Torture is added to Chapter 707 as a new section (§707-…).
- When torture occurs, the offender is guilty of a class A felony.
- Three primary pathways to torture:
1) The offender knowingly causes serious bodily injury to a person in the offender’s custody or physical control.
2) The offender knowingly causes serious or substantial bodily injury to another person, and has previously engaged in a pattern or practice of physically abusing that person.
3) The offender subjects a minor or a vulnerable person to certain acts on three or more occasions within two years (listed acts include strangling, various forms of physical harm such as biting, branding, burning, cutting, electrocuting; suspending by limbs; deprivation of food, water, clothing; restricting basic bodily functions; forcing residence in inhumane conditions; administering mind-altering drugs not prescribed; ingesting non-potable substances, urine, excrement, or poison; exposure to extreme temperatures).
- Key definitions:
- “Custody or physical control”: forcible confinement or restraint that interferes with liberty.
- “Deprives”: withholding in a way that materially endangers health.
- “Minor”: under 18 years old.
- “Pattern or practice”: two or more acts within two years with a common state of mind.
- “Vulnerable person”: includes certain family/household members, an incompetent person, or others meeting statutory criteria.
- Defense: If deprivation of food, water, or clothing of a minor or vulnerable person is solely due to poverty, it is a defense to torture under subsection (1)(c).
Offense and Penalties
- Torture is established as a class A felony under §707-.
- The Act does not specify exact sentencing ranges in the text provided; penalties for Class A felonies follow statewide statutes outside this Act.
Scope, Application, and Effective Date
- The Act applies to conduct occurring after the effective date.
- Section 3 clarifies the Act does not affect rights, duties, or proceedings that matured or commenced before it took effect.
- Section 6 states the Act takes effect upon the Governor’s approval (May 30, 2025).
Implementation and Context
- This Act creates a new, standalone torture offense to address severe abuse that may not meet existing “bodily injury” thresholds.
- It emphasizes protection for minors and vulnerable persons and establishes a pattern/practice framework for escalating culpability.
- Severability clause ensures that if any provision is invalid, the remainder remains in effect.
Effective date and status
- Signed into law as Act 147 on May 30, 2025.
- Status noted as “Received” for GM 1247 (the proclamation informing the Legislature of the enactment).
Compiled from official sources — confirm details with the bill’s official record.
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