HB 389: Honolulu Prosecuting Attorney Package; Uncrewed Aircraft; Criminal Offenses
- Session Year: 2025-2026
- House: House
- Latest Version Date: 2026-03-18
Current Status:
Passed
(2026-05-19: Act 014, on 05/19/2026 (Gov. Msg. No. 1114).)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
What does this bill do?
The bill clarifies that using a drone to help commit any felony not already listed in Hawaii’s drone laws is a misuse offense punishable in addition to the separate felony. It also makes clear that several parts of the drone law do not apply to police, deputy sheriffs, corrections or fire personnel, or to people acting under the authority of or under contract with federal, state, or county governments.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Clarifies the applicable felony offenses for using an uncrewed aircraft in the furtherance of the commission of a felony. (SD1)
Clarifies the applicable felony offenses for using an uncrewed aircraft in the furtherance of the commission of a felony. (HD1)
Increases the penalty for using an uncrewed aircraft in the furtherance of the commission of a felony.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
389 |
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THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 1 |
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A BILL FOR AN ACT
RELATING TO UNCREWED AIRCRAFT OFFENSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 711-1121, Hawaii Revised Statutes, is amended by amending subsection (3) to read as follows:
"(3) Subsection (1)(a), (b), (c), (d), and [(g)]
(f) shall not apply to any police officer, deputy sheriff, adult
corrections officer, correctional worker, or fire department personnel acting
within the course and scope of their duties, or to any other person acting
under the authority of, or pursuant to a contract with, the United States or a
state or county government, or any department or agency of the United States or
a state or county government."
SECTION 2. Section 711-1123, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
"(1) A person commits the offense of misuse of uncrewed aircraft in the third degree if the person intentionally, knowingly, or recklessly:
(a) Removes, obliterates, alters, or tampers with the identification or registration number of an uncrewed aircraft;
(b) Operates an uncrewed aircraft and thereby obstructs, impairs, or hinders the performance of a police officer, deputy sheriff, or fire department personnel acting under color of their official authority;
(c) Operates an uncrewed aircraft and thereby causes bodily injury to another person;
(d) Operates an uncrewed aircraft and thereby damages the property of another, without the other's consent, in an amount exceeding $750;
(e) Operates an uncrewed aircraft while under the influence of an intoxicant;
(f) Operates an uncrewed aircraft after the person's license, certificate, or privilege to operate an uncrewed aircraft has been revoked, suspended, or otherwise restricted by the issuing governmental authority; or
(g) Uses an uncrewed aircraft in furtherance of the commission of a felony[.]
not otherwise listed, described, or enumerated in this section or sections
711-1121 or 711-1122.
A conviction and sentence under this subsection shall be in addition to and not in lieu of any conviction and sentence for a separate felony; provided that the sentence imposed under this subsection may run concurrently or consecutively with the separate felony."
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; Uncrewed Aircraft; Criminal Offenses
Description:
Clarifies the applicable felony offenses for using an uncrewed aircraft in the furtherance of the commission of a felony. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
389 |
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THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO UNCREWED AIRCRAFT OFFENSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 711-1121, Hawaii Revised Statutes, is amended by amending subsection (3) to read as follows:
"(3)
Subsection (1)(a), (b), (c), (d), and [(g)] (f) shall not
apply to any police officer, deputy sheriff, adult corrections officer,
correctional worker, or fire department personnel acting within the course and
scope of their duties, or to any other person acting under the authority of, or
pursuant to a contract with, the United States or a state or county government,
or any department or agency of the United States or a state or county
government."
SECTION 2. Section 711-1123, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
"(1) A person commits the offense of misuse of uncrewed aircraft in the third degree if the person intentionally, knowingly, or recklessly:
(a) Removes, obliterates, alters, or tampers with the identification or registration number of an uncrewed aircraft;
(b) Operates an uncrewed aircraft and thereby obstructs, impairs, or hinders the performance of a police officer, deputy sheriff, or fire department personnel acting under color of their official authority;
(c) Operates an uncrewed aircraft and thereby causes bodily injury to another person;
(d) Operates an uncrewed aircraft and thereby damages the property of another, without the other's consent, in an amount exceeding $750;
(e) Operates an uncrewed aircraft while under the influence of an intoxicant;
(f) Operates an uncrewed aircraft after the person's license, certificate, or privilege to operate an uncrewed aircraft has been revoked, suspended, or otherwise restricted by the issuing governmental authority; or
(g) Uses
an uncrewed aircraft in
furtherance of the commission of a felony[.] not otherwise listed, described,
or enumerated in this section or sections 711-1121 or 711-1122."
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; Uncrewed Aircraft; Criminal Offenses
Description:
Clarifies the applicable felony offenses for using an uncrewed aircraft in the furtherance of the commission of a felony. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
389 |
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THIRTY-THIRD LEGISLATURE, 2025 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO UNCREWED AIRCRAFT OFFENSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 711-1121, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (1) to read:
"(1) A person commits the offense of misuse of uncrewed aircraft in the first degree if the person intentionally or knowingly:
(a) Equips or arms an uncrewed aircraft with a firearm, explosive, electric gun, or weapon of mass destruction;
(b) Possesses, receives, transfers, operates, or produces an uncrewed aircraft that is equipped or armed with a firearm, explosive, electric gun, or weapon of mass destruction;
(c) Discharges or deploys a firearm, explosive, electric gun, or weapon of mass destruction using an uncrewed aircraft;
(d) Operates an uncrewed aircraft and thereby intentionally, knowingly, or recklessly interferes with or disrupts the operation of any manned aircraft;
(e) Uses
an uncrewed aircraft to
transport and introduce, or to attempt to transport and introduce, contraband,
drugs, or dangerous instruments into a prison; [or]
(f) Operates
an uncrewed aircraft and thereby
causes serious bodily injury to another person[.]; or
(g) Uses an uncrewed aircraft in furtherance of the commission of a felony."
2. By amending subsection (3) to read:
"(3)
Subsection (1)(a), (b), (c), (d), and [(g)] (f) shall not
apply to any police officer, deputy sheriff, adult corrections officer,
correctional worker, or fire department personnel acting within the course and
scope of their duties, or to any other person acting under the authority of, or
pursuant to a contract with, the United States or a state or county government,
or any department or agency of the United States or a state or county
government."
SECTION 2. Section 711-1123, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
"(1) A person commits the offense of misuse of uncrewed aircraft in the third degree if the person intentionally, knowingly, or recklessly:
(a) Removes, obliterates, alters, or tampers with the identification or registration number of an uncrewed aircraft;
(b) Operates an uncrewed aircraft and thereby obstructs, impairs, or hinders the performance of a police officer, deputy sheriff, or fire department personnel acting under color of their official authority;
(c) Operates an uncrewed aircraft and thereby causes bodily injury to another person;
(d) Operates an uncrewed aircraft and thereby damages the property of another, without the other's consent, in an amount exceeding $750;
(e) Operates an uncrewed aircraft while under the influence of an intoxicant; or
(f) Operates
an uncrewed aircraft after the
person's license, certificate, or privilege to operate an uncrewed aircraft has been revoked,
suspended, or otherwise restricted by the issuing governmental authority[;
or
(g) Uses
an uncrewed aircraft in
furtherance of the commission of a felony]."
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.
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INTRODUCED BY: |
_____________________________ |
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By Request |
Report Title:
Honolulu Prosecuting Attorney Package; Uncrewed Aircraft; Criminal Offenses
Description:
Increases the penalty for using an uncrewed aircraft in the furtherance of the commission of a felony.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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Date
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Status
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| May 19, 2026 | Act 014, on 05/19/2026 (Gov. Msg. No. 1114). |
| May 19, 2026 | Act 014, 05/19/2026 (Gov. Msg. No. 1114). |
| Apr 24, 2026 | Received notice of passage on Final Reading in House (Hse. Com. No. 823). |
| Apr 23, 2026 | Transmitted to Governor. |
| Apr 23, 2026 | Passed Final Reading as amended in SD 1 with Representative(s) Iwamoto voting aye with reservations; none voting no (0) and Representative(s) Evslin excused (1). |
| Apr 23, 2026 | House agrees to Senate amendment(s). |
| Apr 23, 2026 | Received notice of House reconsideration of action in disagreeing to the amendments proposed by the Senate (Hse. Com. No. 814). |
| Apr 22, 2026 | Reconsideration of action taken on 04-14-26. |
| Apr 16, 2026 | Received notice of disagreement (Hse. Com. No. 599). |
| Apr 14, 2026 | House disagrees with Senate amendment (s). |
| Apr 10, 2026 | Returned from Senate (Sen. Com. No. 518) in amended form (SD 1). |
| Apr 10, 2026 | Report Adopted; Passed Third Reading. Ayes, 25; Aye(s) with reservations: none. Noes, 0 (none). Excused, 0 (none). Transmitted to House. |
| Apr 9, 2026 | One Day Notice 04-10-26. |
| Apr 9, 2026 | Reported from JDC (Stand. Com. Rep. No. 3654) with recommendation of passage on Third Reading. |
| Mar 31, 2026 | The committee(s) on JDC recommend(s) that the measure be PASSED, UNAMENDED. The votes in JDC were as follows: 5 Aye(s): Senator(s) Rhoads, Gabbard, Chang, San Buenaventura, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none. |
| Mar 25, 2026 | The committee(s) on JDC has scheduled a public hearing on 03-31-26 10:30AM; Conference Room 016 & Videoconference. |
| Mar 18, 2026 | Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC. |
| Mar 18, 2026 | Reported from TRS (Stand. Com. Rep. No. 3101) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JDC. |
| Mar 12, 2026 | The committee(s) on TRS recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in TRS were as follows: 3 Aye(s): Senator(s) Inouye, Elefante, DeCorte; Aye(s) with reservations: none ; 0 No(es): none; and 2 Excused: Senator(s) Kanuha, Lee, C.. |
| Mar 6, 2026 | The committee(s) on TRS has scheduled a public hearing on 03-12-26 3:01PM; CR 229 & Videoconference. |
| Feb 2, 2026 | Re-Referred to TRS, JDC. |
| Dec 8, 2025 | Carried over to 2026 Regular Session. |
| Mar 6, 2025 | Referred to TCA, JDC. |
| Mar 6, 2025 | Passed First Reading. |
| Mar 6, 2025 | Received from House (Hse. Com. No. 223). |
| Mar 4, 2025 | Passed Third Reading with none voting aye with reservations; none voting no (0) and Representative(s) Pierick, Ward excused (2). Transmitted to Senate. |
| Feb 27, 2025 | Passed Second Reading as amended in HD 1; placed on the calendar for Third Reading with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Pierick, Templo, Ward excused (4). |
| Feb 27, 2025 | Reported from JHA (Stand. Com. Rep. No. 824) as amended in HD 1, recommending passage on Second Reading and placement on the calendar for Third Reading. |
| Feb 19, 2025 | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 10 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Hashem, Kahaloa, Perruso, Takayama, Todd, Garcia, Shimizu; Ayes with reservations: none; Noes: none; and 1 Excused: Representative(s) Cochran. |
| Feb 14, 2025 | Bill scheduled to be heard by JHA on Wednesday, 02-19-25 2:00PM in House conference room 325 VIA VIDEOCONFERENCE. |
| Jan 21, 2025 | Referred to JHA, referral sheet 1 |
| Jan 17, 2025 | Introduced and Pass First Reading. |
| Jan 16, 2025 | Pending introduction. |
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Date
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Description
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Location
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Votes
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| Apr 23, 2026 | Final Reading | House Floor |
Passed |
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| Apr 10, 2026 | Third Reading | Senate Floor |
Passed |
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| Mar 31, 2026 | The committee(s) on JDC recommend(s) that the measure be PASSED, UNAMENDED | Senate Standing Committee on Judiciary |
Passed |
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| Mar 12, 2026 | The committee(s) on TRS recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Transportation |
Passed |
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| Mar 4, 2025 | Third Reading | House Floor |
Passed |
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| Feb 19, 2025 | 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.
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Organization
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Position
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Date
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| City and County of Honolulu | *** Support | Mar 31, 2026 |
| Department of the Prosecuting Attorney, City and County of Honolulu | *** Support | Mar 12, 2026 |
| Office of the Public Defender | ** Against |
STAND. COM. REP. NO. 824
Honolulu, Hawaii
, 2025
RE: H.B. No. 389
H.D. 1
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Madame:
Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 389 entitled:
"A BILL FOR AN ACT RELATING TO UNCREWED AIRCRAFT OFFENSES,"
begs leave to report as follows:
Your Committee finds that the increasing accessibility and misuse of drones pose a growing public safety threat. However, your Committee further finds that, rather than increasing the penalty for using drones in the furtherance of the commission of a felony, clarity should be given to distinguish the use of drones to further the commission of a felony, which is currently a class C felony, and other similar offenses that have exactly the same elements but are considered a class A felony or class B felony.
Accordingly, your Committee has amended this measure by:
(1) Deleting language that would have increased the penalty for using an uncrewed aircraft in the furtherance of the commission of a felony;
(2) Clarifying the applicable felony offenses for using an uncrewed aircraft in the furtherance of the commission of a felony; and
(3) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
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. 389, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 389, 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,
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____________________________ DAVID A. TARNAS, Chair |
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Date
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Testimony PDF
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| Mar 31, 2026 | HB389_SD1_TESTIMONY_JDC_03-31-26_.PDF |
| Mar 12, 2026 | HB389_HD1_TESTIMONY_TRS_03-12-26_.PDF |
| Feb 19, 2025 | HB389_TESTIMONY_JHA_02-19-25_.PDF |
Discussed in Hearing
42SEC
Senate Standing Committee on Judiciary
6MIN
Senate Standing Committee on Public Safety and Military Affairs
6MIN
Senate Standing Committee on Transportation
1MIN
Senate Standing Committee on Public Safety and Military Affairs
1MIN
Senate Standing Committee on Transportation
3MIN
House Standing Committee on Judiciary & Hawaiian Affairs
Bill Author
Bill Co-Author(s):