HB 2086: Honolulu Prosecuting Attorney Package; Criminal Offenses; Negligent Injury

A BILL FOR AN ACT

RELATING TO HIGHWAY SAFETY.

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

     SECTION 1.  Section 707-705, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(1)  A person commits the offense of negligent injury in the first degree if that person causes:

     (a)  Serious bodily injury to another person by the operation of a vehicle in a negligent manner; [or]

     (b)  Substantial bodily injury to a vulnerable user by the operation of a [[]vehicle[]] in a negligent manner[.]; or

     (c)  Substantial bodily injury to another person by the operation of a vehicle in a negligent manner while under the influence of alcohol or drugs."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     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  Statutory material to be repealed is bracketed and stricken.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:

Honolulu Prosecuting Attorney Package; Criminal Offenses; Negligent Injury

Description:

Amends the offense of negligent injury in the first degree to include injuries negligently inflicted by intoxicated drivers.  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.

A BILL FOR AN ACT

RELATING TO HIGHWAY SAFETY.

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

     SECTION 1.  Section 707-705, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(1)  A person commits the offense of negligent injury in the first degree if that person causes:

     (a)  Serious bodily injury to another person by the operation of a vehicle in a negligent manner; [or]

     (b)  Substantial bodily injury to a vulnerable user by the operation of a [[]vehicle[]] in a negligent manner[.]; or

     (c)  Substantial bodily injury to another person by the operation of a vehicle in a negligent manner while under the influence of alcohol or drugs."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     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  Statutory material to be repealed is bracketed and stricken.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:

Honolulu Prosecuting Attorney Package; Criminal Offenses; Negligent Injury

Description:

Amends the offense of negligent injury in the first degree to include injuries negligently inflicted by intoxicated drivers.

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

STAND. COM. REP. NO.  546-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 2086

      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 Transportation, to which was referred H.B. No. 2086 entitled:

"A BILL FOR AN ACT RELATING TO HIGHWAY SAFETY,"

begs leave to report as follows:

     The purpose of this measure is to amend the offense of negligent injury in the first degree to include injuries negligently inflicted by intoxicated drivers.

     Your Committee received testimony in support of this measure from the Department of Transportation; Oahu Metropolitan Planning Organization; Kauaʻi Police Department; Office of the Prosecuting Attorney for the County of Hawaiʻi; Department of the Prosecuting Attorney for the County of Maui; and Department of the Prosecuting Attorney for the City and County of Honolulu.

     Your Committee finds that impaired driving remains a persistent and preventable threat to highway safety in Hawaii.  While existing statutes allow felony prosecution when a vulnerable user is injured, substantial bodily injuries caused by intoxicated drivers to other victims may be prosecuted only as misdemeanors, creating a gap that limits accountability despite the well-known dangers of driving under the influence.  By amending the offense of negligent injury in the first degree to expressly include substantial bodily injury negligently inflicted by drivers operating a vehicle while under the influence of alcohol or drugs, this measure provides stronger legal consequences that can reinforce deterrence and strengthen protections for all road users.

     Your Committee has amended this measure by:

     (1)  Changing the effective date to July 1, 3000, to encourage further discussion; and

     (2)  Making a technical, nonsubstantive amendment for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Transportation that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2086, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2086, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Transportation,