HB 483: RELATING TO HAWAII COVERT OPERATIONS.

HOUSE OF REPRESENTATIVES	H.B. NO.	483
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to Hawaii covert operations.

 

 

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

 

     SECTION 1.  The legislature finds that given Hawaii's unique geographical position, the urgency of addressing smuggling activities involving humans, weapons, and drugs, as well as other transnational threats such as human trafficking, criminal cartel activities, and illegal immigration, cannot be overstated.  These threats pose significant risks to public safety, particularly in the form of crimes involving child exploitation and sexual offenses, which we must address with the utmost seriousness.

     The legislature further finds that it is imperative that Hawaii implements stricter penalties and fines to deter these criminal activities and allocate resources for covert operations to disrupt smuggling networks.

     The purpose of this Act is to reduce crime by establishing the Hawaii covert operations against smuggling and transnational threats program.

     SECTION 2.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

     HAWAII COVERT OPERATIONS AGAINST SMUGGLING AND TRANSNATIONAL THREATS

     §   -1  Definitions.  For purposes of this chapter:

     "Black budget" refers to classified funds allocated for operations critical to state security and effectiveness, modeled on federal allocations for covert activities.

     "Transnational threats" means:

     (1)  Human smuggling, including the deliberate evasion of immigration laws to unlawfully transport or harbor noncitizens;

     (2)  Firearm smuggling, including the unlawful transportation or trafficking of firearms, explosives, or dangerous weapons; and

     (3)  Controlled substance smuggling, including the unauthorized importation or exportation of controlled substances.

     "Pedophiles and perpetrators" means individuals involved in any suspected violation of chapter 707 involving a minor.

     "Program" means the Hawaii covert operations against smuggling and transnational threats program established under section    -2.

     "Special fund" means Hawaii covert operations against smuggling and transnational threats special fund established under section    -3.

     §   -2  Hawaii covert operations against smuggling and transnational threats program.  (a)  There is established within the department of law enforcement the Hawaii covert operations against smuggling and transnational threats program.

     (b)  The program shall conduct covert operations against transnational threats, in compliance with state and federal laws, in a manner that prioritizes ethical practices and human rights and does not exceed the scope of legislative intent, ensuring that the power granted for these operations under this chapter is not abused.

     §   -3  Hawaii covert operations against smuggling and transnational threats special fund.  (a)  There is established the Hawaii covert operations against smuggling and transnational threats special fund within the treasury of the State into which shall be deposited:

     (1)  Moneys in the black budget appropriated for the special fund; and

     (2)  All proceeds from fines collected under section    -4.

     (b)  The special fund shall be managed by a committee comprising the following members:

     (1)  The director of law enforcement;

     (2)  The attorney general; and

     (3)  The director of human services.

     (c)  Moneys in the special fund shall be expended to finance classified operations, focusing on intelligence gathering, analysis, and covert actions to combat smuggling and transnational threats, including combating pedophiles and perpetrators.

     (d)  The approval process for the expenditure of moneys in the special fund shall be modeled on existing covert funding mechanisms used by other states and federal agencies, ensuring confidentiality and efficiency.

     (e)  Moneys in the special fund shall not be used for activities that contravene human rights or exceed the scope of legislative intent.

     §   -4  Enhanced penalties.  (a)  If a classified operation under section    -2(b) results in a conviction under the following offenses, the convicted person shall be subject to the following enhanced penalties, in addition to any other penalty authorized by law:

     (1)  Additional imprisonment as follows:

          (A)  For any class A felony offense involving the smuggling of humans, firearms, or controlled substances:  life imprisonment without the possibility of parole; and

          (B)  For any class B or C felony offense involving the smuggling of humans, firearms, or controlled substances:  the minimum length of imprisonment shall be twenty-five years; and

     (2)  Additional fines as follows:

          (A)  Not less than $250,000 per individual smuggled; provided that any person convicted of any class A felony involving human smuggling shall be fined not less than $500,000;

          (B)  Not less than $150,000 per firearm smuggled;

          (C)  Not less than $250,000 for controlled substances smuggled; and

          (D)  Not less than $1,000,000 for involvement in cartel activities, as defined by the director of law enforcement.

     (b)  All assets linked to an offense for which an enhanced penalty applies under this section shall be seized through a transparent and fair process, with portions directed toward community support, informant rewards, and prevention programs.

     §   -5  Hawaii citizen reporting network.  (a)  There is established within the Hawaii covert operations against smuggling and transnational threats program the Hawaii citizen reporting network to serve as a platform for the public to report transnational crimes, ensuring that crimes are promptly and effectively addressed.  The Hawaii citizen reporting network shall be administered by the department of law enforcement.

     (b)  Any member of the public who reports a transnational crime may receive a reward of not more than twenty per cent of the value of any assets seized or fines collected as a result of the report.

     (c)  All reports of transnational crimes made to the Hawaii citizen reporting network shall be confidential.

     §   -6  Special legislative committee on oversight of the Hawaii covert operations program.  (a)  The senate president and speaker of the house of representatives shall each appoint two individuals to a special legislative committee on oversight of the covert operations program.  The committee shall:

     (1)  Monitor the implementation of penalties, fines, and covert operation; and

     (2)  Ensure compliance with legal and ethical standards.

     §   -7  Audits.  The state auditor shall conduct annual audits of the Hawaii covert operations against smuggling and transnational threats program.  The auditor shall submit its findings and recommendations to the legislature no later than twenty days before the convening of the regular session following the year in which the audit is conducted.

     §   -8  Confidentiality.  All information related to this chapter shall be exempt from chapter 92F.

     §   -9  Annual report.  (a)  The department of law enforcement submit an annual report to the legislature no later than twenty days prior to the convening of each regular session of the legislature.  The annual report shall include:

     (1)  The impact of new penalties and fines on crime rates imposed pursuant to this Act;

     (2)  Effectiveness of the Hawaii citizen reporting network; and

     (3)  The use and outcomes of the special fund."

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $          or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the Hawaii covert operations against smuggling and transnational threats program.

     The sums appropriated shall be expended by the department of law enforcement for the purposes of this Act.

     SECTION 4.  This Act shall take effect on July 1, 2025.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Crime; Smuggling; Drugs; Firearms; Weapons; Hawaii Covert Operations Against Smuggling and Transnational Threats; DLE

 

Description:

Establishes the Hawaii Covert Operations Against Smuggling and Transnational Threats program with the Department of Law Enforcement to combat smuggling of drugs and weapons and human trafficking.

 

 

 

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