HB 1548: Penal Code; Misdemeanors; Sentencing; Nonviolent Offenses
- Session Year: 2025-2026
- House: House
- Latest Version Date: 2026-04-29
Current Status:
Passed
(2026-06-24: Act 143, on 06/24/2026 (Gov. Msg. No. 1244).)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
What does this bill do?
Shortens the maximum jail term for misdemeanors that are not crimes of violence from one year to 364 days. It also lets people who were previously given a one‑year jail sentence for a nonviolent misdemeanor ask the judge who sentenced them to reconsider and reduce the term to the new 364‑day limit.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Limits the maximum term of imprisonment for misdemeanors that are not crimes of violence, or for offenses that are not crimes of violence punishable by up to or not exceeding one year, to three hundred sixty-four days. Allows individuals previously sentenced to a one-year term of imprisonment for an offense that is not a crime of violence to apply to the trial court for reconsideration of the sentence to conform to the revised maximum penalty. (CD1)
Limits the maximum term of imprisonment for misdemeanors that are not crimes of violence, or for offenses that are not crimes of violence punishable by up to or not exceeding one year, to three hundred sixty-four days. Allows individuals previously sentenced to a one-year term of imprisonment for an offense that is not a crime of violence to apply to the court for a sentence modification to conform to the new limit. Effective 3/22/2075. (SD1)
Limits the maximum term of imprisonment for misdemeanors, or for offenses punishable by up to or not exceeding one year, to three hundred sixty-four days. Allows individuals previously sentenced to a one-year term of imprisonment to apply to the court for a sentence modification to conform to the new limit. Effective 7/1/3000. (HD1)
Limits the maximum term of imprisonment for misdemeanors, or for offenses punishable by up to or not exceeding one year, to three hundred sixty-four days. Allows individuals previously sentenced to a one-year term of imprisonment to apply to the court for a sentence modification to conform to the new limit.
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1548 |
|
THIRTY-THIRD LEGISLATURE, 2026 |
H.D. 1 |
|
|
STATE OF HAWAII |
S.D. 1 |
|
|
|
C.D. 1 |
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO SENTENCING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 706, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§706- Limitation on term of imprisonment for nonviolent offenses punishable by up to or not exceeding one year; sentence modification. (1) Notwithstanding any other law to the contrary, any offense that is:
(a) Not a crime of violence; and
(b) Punishable under state law by a term of imprisonment up to or not exceeding one year,
shall be punishable by a term of imprisonment not to exceed three hundred sixty-four days.
(2) A person who was sentenced to a misdemeanor offense that is not a crime of violence before the effective date of this Act may submit an application to the trial court that entered the judgment of conviction to reconsider the sentence to reflect that the maximum possible penalty for the offense is three hundred sixty-four days.
(3) For the purposes of this section, "crime of violence" has the same meaning as defined in section 134-1."
SECTION 2. Section 706-663, Hawaii Revised Statutes, is amended to read as follows:
"§706-663 Sentence of imprisonment for misdemeanor and
petty misdemeanor. (1)
After consideration of the factors set forth in sections 706-606 and
706-621, the court may sentence a person who has been convicted of a
misdemeanor or a petty misdemeanor to imprisonment for a definite term to be
fixed by the court and not to exceed [one year] three hundred
sixty-four days in the case of a misdemeanor or thirty days in the case of
a petty misdemeanor[.]; provided that if the person has been
convicted of a misdemeanor that is a crime of violence, the court may sentence
the person to imprisonment for a definite term to be fixed by the court and not
to exceed one year.
(2) For the purposes of this section, "crime of violence" has the same meaning as defined in section 134-1."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
Report Title:
Penal Code; Misdemeanors; Sentencing; Nonviolent Offenses
Description:
Limits the maximum term of imprisonment for misdemeanors that are not crimes of violence, or for offenses that are not crimes of violence punishable by up to or not exceeding one year, to three hundred sixty-four days. Allows individuals previously sentenced to a one-year term of imprisonment for an offense that is not a crime of violence to apply to the trial court for reconsideration of the sentence to conform to the revised maximum penalty. (CD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1548 |
|
THIRTY-THIRD LEGISLATURE, 2026 |
H.D. 1 |
|
|
STATE OF HAWAII |
S.D. 1 |
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO SENTENCING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 706, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§706- Limitation on term of imprisonment for nonviolent offenses punishable by up to or not exceeding one year; sentence modification. (1) Notwithstanding any other law to the contrary, any offense that is:
(a) Not a crime of violence; and
(b) Punishable under state law by a term of imprisonment up to or not exceeding one year,
shall be punishable by a term of imprisonment not to exceed three hundred sixty-four days.
(2) A person who was sentenced to a term of imprisonment of one year for an offense that is not a crime of violence before the effective date of this Act may submit an application to the trial court that entered the judgment of conviction to modify the sentence to a term not to exceed the maximum term specified in subsection (1).
(3) For the purposes of this section, "crime of violence" has the same meaning as defined in section 134-1."
SECTION 2. Section 706-663, Hawaii Revised Statutes, is amended to read as follows:
"§706-663 Sentence of imprisonment for misdemeanor and
petty misdemeanor. (1)
After consideration of the factors set forth in sections 706-606 and
706-621, the court may sentence a person who has been convicted of a
misdemeanor or a petty misdemeanor to imprisonment for a definite term to be
fixed by the court and not to exceed [one year] three hundred
sixty-four days in the case of a misdemeanor or thirty days in the case of
a petty misdemeanor[.]; provided that if the person has been convicted
of a misdemeanor that is a crime of violence, the court may sentence the person
to imprisonment for a definite term to be fixed by the court and not to exceed
one year.
(2) For the purposes of this section, "crime of violence" has the same meaning as defined in section 134-1."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on March 22, 2075.
Report Title:
Penal Code; Misdemeanors; Sentencing; Nonviolent Offenses
Description:
Limits the maximum term of imprisonment for misdemeanors that are not crimes of violence, or for offenses that are not crimes of violence punishable by up to or not exceeding one year, to three hundred sixty-four days. Allows individuals previously sentenced to a one-year term of imprisonment for an offense that is not a crime of violence to apply to the court for a sentence modification to conform to the new limit. Effective 3/22/2075. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1548 |
|
THIRTY-THIRD LEGISLATURE, 2026 |
H.D. 1 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO SENTENCING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 706, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§706- Limitation on term of imprisonment for offenses punishable by up to or not exceeding one year; sentence modification. (1) Notwithstanding any other law to the contrary, any offense punishable under state law by a term of imprisonment up to or not exceeding one year shall be punishable by a term of imprisonment not to exceed three hundred sixty-four days.
(2) A person who was sentenced to a term of imprisonment of one year before the effective date of this Act may submit an application to the trial court that entered the judgment of conviction to modify the sentence to a term not to exceed the maximum term specified in subsection (1)."
SECTION 2. Section 706-663, Hawaii Revised Statutes, is amended to read as follows:
"§706-663 Sentence of imprisonment for misdemeanor and
petty misdemeanor. After consideration of the factors set forth
in sections 706-606 and 706-621, the court may sentence a person who has been
convicted of a misdemeanor or a petty misdemeanor to imprisonment for a
definite term to be fixed by the court and not to exceed [one year] three
hundred sixty-four days in the case of a misdemeanor or thirty days in the
case of a petty misdemeanor."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 3000.
Report Title:
Penal Code; Misdemeanors; Sentencing
Description:
Limits the maximum term of imprisonment for misdemeanors, or for offenses punishable by up to or not exceeding one year, to three hundred sixty-four days. Allows individuals previously sentenced to a one-year term of imprisonment to apply to the court for a sentence modification to conform to the new limit. Effective 7/1/3000. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1548 |
|
THIRTY-THIRD LEGISLATURE, 2026 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO SENTENCING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 706, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§706- Limitation on term of imprisonment for offenses punishable by up to or not exceeding one year; sentence modification. (1) Notwithstanding any other law to the contrary, any offense punishable under state law by a term of imprisonment up to or not exceeding one year shall be punishable by a term of imprisonment not to exceed three hundred sixty-four days.
(2) A person who was sentenced to a term of imprisonment of one year before the effective date of this Act may submit an application to the trial court that entered the judgment of conviction to modify the sentence to a term not to exceed the maximum term specified in subsection (1)."
SECTION 2. Section 706-663, Hawaii Revised Statutes, is amended to read as follows:
"§706-663 Sentence of imprisonment for misdemeanor and
petty misdemeanor. After consideration of the factors set forth
in sections 706-606 and 706-621, the court may sentence a person who has been
convicted of a misdemeanor or a petty misdemeanor to imprisonment for a
definite term to be fixed by the court and not to exceed [one year] three
hundred sixty-four days in the case of a misdemeanor or thirty days in the
case of a petty misdemeanor."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
Report Title:
Penal Code; Misdemeanors; Sentencing
Description:
Limits the maximum term of imprisonment for misdemeanors, or for offenses punishable by up to or not exceeding one year, to three hundred sixty-four days. Allows individuals previously sentenced to a one-year term of imprisonment to apply to the court for a sentence modification to conform to the new limit.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
Date
|
Status
|
|---|---|
| Jun 24, 2026 | Act 143, on 06/24/2026 (Gov. Msg. No. 1244). |
| Jun 24, 2026 | Act 143, 06/24/2026 (Gov. Msg. No. 1244). |
| May 8, 2026 | Received notice of passage on Final Reading in House (Hse. Com. No. 888). |
| May 7, 2026 | Transmitted to Governor. |
| May 6, 2026 | Received notice of Final Reading (Sen. Com. No. 816). |
| May 6, 2026 | Passed Final Reading as amended in CD 1 with none voting aye with reservations; Representative(s) Garcia, Kila, Olds, Pierick voting no (4) and none excused (0). |
| May 6, 2026 | Passed Final Reading, as amended (CD 1). Ayes, 22; Aye(s) with reservations: none. Noes, 3 (Senator(s) Awa, DeCorte, Fevella). Excused, 0 (none). |
| Apr 29, 2026 | 48 Hrs. Notice (as amended CD 1) 05-06-26 |
| Apr 29, 2026 | Reported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 69-26). |
| Apr 29, 2026 | Forty-eight (48) hours notice Wednesday, 05-06-26. |
| Apr 29, 2026 | Reported from Conference Committee (Conf Com. Rep. No. 69-26) as amended in (CD 1). |
| Apr 29, 2026 | The Conference Committee recommends that the measure be Passed, with Amendments. The votes were as follows: 3 Ayes: Representative(s) Tarnas, Belatti, Poepoe; Ayes with reservations: none; 1 Noes: Representative(s) Garcia; and 0 Excused: none. |
| Apr 29, 2026 | The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. The votes of the Senate Conference Managers were as follows: 3 Aye(s): Senator(s) Rhoads, Chang, San Buenaventura; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none. |
| Apr 28, 2026 | Bill scheduled for Conference Committee Meeting on Wednesday, 04-29-26 2:20PM in conference room 325. |
| Apr 27, 2026 | Received notice of Senate conferees (Sen. Com. No. 782). |
| Apr 27, 2026 | Senate Conferees Appointed: Rhoads Chair; Chang, San Buenaventura. |
| Apr 20, 2026 | Received notice of appointment of House conferees (Hse. Com. No. 786). |
| Apr 20, 2026 | House Conferees Appointed: Tarnas Chair; Belatti, Poepoe, Garcia. |
| Apr 17, 2026 | Received notice of disagreement (Hse. Com. No. 780). |
| Apr 16, 2026 | House disagrees with Senate amendment (s). |
| Apr 14, 2026 | Returned from Senate (Sen. Com. No. 583) in amended form (SD 1). |
| Apr 14, 2026 | Passed Third Reading, as amended (SD 1). Ayes, 22; Aye(s) with reservations: none. Noes, 3 (Senator(s) Awa, DeCorte, Fevella). Excused, 0 (none). Transmitted to House. |
| Apr 9, 2026 | 48 Hrs. Notice 04-14-26. |
| Apr 9, 2026 | Report adopted; Passed Second Reading, as amended (SD 1). |
| Apr 9, 2026 | Reported from JDC (Stand. Com. Rep. No. 3660) with recommendation of passage on Second Reading, as amended (SD 1) and placement on the calendar for Third Reading. |
| Mar 24, 2026 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 4 Aye(s): Senator(s) Rhoads, Gabbard, Chang, San Buenaventura; Aye(s) with reservations: none ; 1 No(es): Senator(s) Awa; and 0 Excused: none. |
| Mar 20, 2026 | The committee(s) on JDC has scheduled a public hearing on 03-24-26 9:45AM; Conference Room 016 & Videoconference. |
| Mar 12, 2026 | Referred to JDC. |
| Mar 12, 2026 | Passed First Reading. |
| Mar 12, 2026 | Received from House (Hse. Com. No. 242). |
| Mar 10, 2026 | Passed Third Reading with Representative(s) Gedeon, Kila, Shimizu voting aye with reservations; Representative(s) Garcia, Pierick voting no (2) and none excused (0). Transmitted to Senate. |
| Mar 5, 2026 | Passed Second Reading as amended in HD 1; placed on the calendar for Third Reading with Representative(s) Alcos, Gedeon, Matsumoto, Shimizu voting aye with reservations; Representative(s) Garcia, Pierick voting no (2) and Representative(s) Perruso excused (1). |
| Mar 5, 2026 | Reported from JHA (Stand. Com. Rep. No. 907-26) as amended in HD 1, recommending passage on Second Reading and placement on the calendar for Third Reading. |
| Feb 13, 2026 | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 7 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Hashem, Kahaloa, Sayama; Ayes with reservations: Representative(s) Shimizu; 1 Noes: Representative(s) Garcia; and 2 Excused: Representative(s) Cochran, Takayama. |
| Feb 11, 2026 | Bill scheduled to be heard by JHA on Friday, 02-13-26 2:00PM in House conference room 325 VIA VIDEOCONFERENCE. |
| Jan 26, 2026 | Referred to JHA, referral sheet 1 |
| Jan 21, 2026 | Introduced and Pass First Reading. |
| Jan 15, 2026 | Prefiled. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| May 6, 2026 | Final Reading | House Floor |
Passed |
|
| May 6, 2026 | Final Reading | Senate Floor |
Passed |
|
| Apr 14, 2026 | Third Reading | Senate Floor |
Passed |
|
| Mar 24, 2026 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Judiciary |
Passed |
|
| Mar 10, 2026 | Third Reading | House Floor |
Passed |
|
| Feb 13, 2026 | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Judiciary & Hawaiian Affairs |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| ACLU of Hawai‘i | *** Support | Mar 24, 2026 |
| Community Alliance on Prisons | *** Support | Mar 24, 2026 |
| El Pueblo en Acción (EPA) Maui | *** Support | Mar 24, 2026 |
| El Pueblo en Acción Maui | *** Support | Mar 24, 2026 |
| Hawaiʻi Coalition for Immigrant Rights (HCIR) | *** Support | Mar 24, 2026 |
| Hawai‘i Coalition for Immigrant Rights (HCIR) | *** Support | Mar 24, 2026 |
| Imua Alliance | *** Support | Mar 24, 2026 |
| Indivisible Hawai’i Statewide Network (IHSN) | *** Support | Mar 24, 2026 |
| Kona Indivisible | *** Support | Mar 24, 2026 |
| League of Women Voters of Hawaii | *** Support | Mar 24, 2026 |
| Mercado de la Raza | *** Support | Mar 24, 2026 |
| Office of Hawaiian Affairs | *** Support | Mar 24, 2026 |
| Office of Hawaiian Affairs (OHA) | *** Support | Mar 24, 2026 |
| Office of the Public Defender | *** Support | Mar 24, 2026 |
| Pacific Gateway Center | ** Support | |
| Refugee & Immigration Law Clinic | ** Support | |
| Roots Reborn | ** Support | |
| Roots Reborn | *** Support | Mar 24, 2026 |
| The Legal Clinic | *** Support | Mar 24, 2026 |
| William S. Richardson School of Law Refugee & Immigration Clinic | *** Support | Feb 17, 2026 |
STAND. COM. REP. NO. 907-26
Honolulu, Hawaii
, 2026
RE: H.B. No. 1548
H.D. 1
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2026
State of Hawaii
Madame:
Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 1548 entitled:
"A BILL FOR AN ACT RELATING TO SENTENCING,"
begs leave to report as follows:
The purpose of this measure is to:
(1) Limit the maximum term of imprisonment for misdemeanors, or for offenses punishable by up to or not exceeding one year, to three hundred sixty-four days; and
(2) Allow individuals previously sentenced to a one-year term of imprisonment to apply to the court for a sentence modification to conform to the new limit.
Your Committee received testimony in support of this measure from the Office of Hawaiian Affairs; Office of the Public Defender; Roots Reborn; El Pueblo en Accion Maui; Community Alliance on Prisons; American Civil Liberties Union of Hawaiʻi; The Legal Clinic; Hawaiʻi Coalition for Immigrant Rights; Pacific Gateway Center; Refugee & Immigration Law Clinic; and numerous individuals.
Your Committee finds that a one‑year maximum misdemeanor sentence can trigger severe and unintended federal immigration consequences, including mandatory detention, deportation, and permanent family separation, even when the underlying conduct is minor. These disproportionate outcomes destabilize families, undermine community safety, and create barriers to housing, employment, licensing, and successful reintegration for individuals who have already taken accountability for their actions. This measure promotes proportional sentencing and strengthens community stability by ensuring that misdemeanor‑level conduct does not automatically result in penalties far exceeding what state law intends.
Your Committee has amended this measure by changing the effective date to July 1, 3000, to encourage further discussion.
As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1548, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1548, H.D. 1, and be placed on the calendar for Third Reading.
Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,
|
|
|
____________________________ DAVID A. TARNAS, Chair |
|
|
|
|
|
Date
|
Testimony PDF
|
|---|---|
| Mar 24, 2026 | HB1548_HD1_TESTIMONY_JDC_03-24-26_.PDF |
| Feb 17, 2026 | HB1548_TESTIMONY_JHA_02-13-26_.PDF |
Discussed in Hearing
25SEC
Senate Floor
2MIN
Conference Committee
5MIN
Senate Standing Committee on Judiciary
1MIN
Senate Standing Committee on Judiciary
2MIN
House Floor
15MIN
House Standing Committee on Judiciary & Hawaiian Affairs
36SEC
