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Committee hears arguments over upgrading harassment-by-stalking to a felony; prosecutors and public defenders disagree
Summary
Testimony on HB186 revealed legal and prosecutorial concerns over upgrading harassment by stalking to a class C felony. The Office of the Public Defender asked for deferral; prosecutors and domestic-violence advocates warned of grading conflicts but generally supported stronger tools for prosecution.
The House Committee on Judiciary & Hawaiian Affairs took testimony on House Bill 186 on Feb. 19, 2025, a measure that would reclassify harassment by stalking as a class C felony.
The Office of the Public Defender urged deferral. Deputy public defender Sonny Gannadon told the committee the office “respectfully requested this bill be deferred,” arguing current statutes provide intermediary misdemeanors intended to deter escalation before felony-level penalties apply. Gannadon said removing misdemeanor options and replacing them with a felony could impose excessive burdens on courts and defendants who might otherwise be deterred from escalating behavior.
Prosecutors and law enforcement described the bill differently. Captain Thomas Chang of the Honolulu Police Department said HPD supports the measure because “stalking is a precursor to more severe violence” and that stricter measures would strengthen the department’s ability to protect victims. Daniel Hugo, deputy prosecuting attorney for Honolulu, cautioned the committee about grading conflicts if multiple repeat offenses are all graded the same; he told the committee the proposal might be “a strange choice of the legislature” if not calibrated against related offenses such as terroristic threatening and other repeat-offense provisions.
Why it matters: The classification of stalking offenses affects charging decisions, sentencing, and prosecutorial resources. Supporters say upgraded penalties offer deterrence and prosecutorial tools; defenders say misdemeanor options and proportional grading are important to prevent undue charging and to preserve diversion or rehabilitation opportunities.
Other witnesses and context: The Hawaii State Coalition Against Domestic Violence provided written comments recommending caution, noting that having multiple different offenses structured as class C felonies could complicate prosecution rather than improving it. The Department of the Prosecuting Attorney and the Domestic Violence Action Center submitted written support.
Committee action and next steps: The committee chair recommended deferral of HB 186 to permit further work on drafting and to address concerns raised by the public defender and others.
Ending: The committee did not vote to advance HB 186. Members asked prosecutors and defense counsel to continue discussions on grading and practical prosecution concerns.
