By Sen.Mike Gabbard
Aloha. I hope you and your family are in good health.

To give you a sampling of what is going on in the Legislature, the Homeowner Protection Bill has passed the Senate.

Picture yourself and your family in the following scenario: In 2006, Dr. Michael Rainiero, a homeowner in Janesville, Wis., awoke one evening to find an intruder in his hallway. Rainiero asked the intruder to leave several times, but the intruder refused. Rainiero then went back into his bedroom and grabbed a pistol.He was shaking out of fear and yelled once more asking the intruder to leave.

The intruder refused, so Rainiero shot the man. The intruder was charged with burglary and felony criminal damage and is in prison for other crimes he committed. But this didn’t stop the intruder from filing suit and claiming that Rainiero used excessive force. As Rainiero’s attorney correctly pointed out in his defense,"The doctor was asleep in his bed when an intruder came into his home and put his life, his wife’s life, and his two kids’ lives in jeopardy.”

Something wrong with this picture? You bet. One of my constituents in Kapolei brought to my attention last year that there’s currently a loophole in the law which allows a homeowner to be sued by an intruder if the burglar is injured while trying to rob you and harm your family. The remedy?

I introduced Senate Bill 1617, which passed the state Senate unanimously on March 6. SB 1617 would provide homeowners immunity from civil liability and make sure this kind of thing doesn’t happen in Hawaii. The bill is supported by Mark Bennett, the state Attorney General, who stated that the “passage of this bill would deter criminals from filing frivolous civil claims.” SB 1617 is awaiting a hearing in the House Judiciary Committee,which is chaired by Rep. Tommy Waters. If you would like to get more information on the bill, please contact my office.