HB 610: RELATING TO COLD CASE INVESTIGATIONS.

A BILL FOR AN ACT

RELATING TO COLD CASE INVESTIGATIONS.

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

     SECTION 1.  The legislature finds that Hawaii has hundreds of unsolved murders, including some cases more than forty years old.  According to the nonprofit organization Project:  Cold Case, the State reported 2,182 homicides between 1965 and 2023, and 728 of those cases remain unsolved.

     The legislature recognizes that, while each county in the State has a cold case unit, additional resources and personnel may be needed to assist with the investigation of decades-old crimes.  The legislature also recognizes the value in coordinating efforts and sharing information among federal, state, county, tribal, and other agencies.

     Accordingly, the purpose of this Act is to establish a cold case investigation unit within the department of the attorney general to assist federal, state, county, and tribal law enforcement, and other cold case units, in investigating unsolved homicide, missing person, and other cases that have a nexus to the State.

     SECTION 2.  Chapter 28, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part    .  COLD CASE INVESTIGATION UNIT

     §28-     Cold case investigation unit.  (a)  There shall be established in the department of the attorney general a cold case investigation unit.

     (b)  The cold case investigation unit shall employ attorneys, investigators, and other personnel as necessary to promote the effective and efficient conduct of the unit's activities.  Except for the attorneys, all other employees of the unit shall be subject to chapter 76.

     (c)  The purpose of the cold case investigation unit shall be to assist federal, state, county, and tribal law enforcement agencies, and cold case units within the office of a prosecutor, including law enforcement agencies and cold case units in other states, in investigating unsolved cases where the crime took place in this State or where the victim was a resident of this State.

     (d)  Cases investigated by the cold case investigation unit may include unsolved homicides, sexual offenses, sexually motivated offenses, missing persons, and cases of unidentified remains.

     (e)  The cold case investigation unit may accept investigation requests and may proactively offer assistance to a law enforcement agency or cold case unit.

     (f)  For the purpose of this section, "cold case" means a case where all investigative leads have been exhausted, all physical evidence examined, and all witnesses interviewed to the point where the case has been closed for a significant period of time without any active leads."

     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 establishment and operation of a cold case investigation unit within the department of the attorney general.

     The sums appropriated shall be expended by the department of the attorney general for the purposes of this Act.

     SECTION 4.  This Act shall take effect on July 1, 3000.

Report Title:

AG; Cold Case; Appropriation

Description:

Establishes and appropriates funds for a Cold Case Investigation Unit within the Department of the Attorney General.  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 cold case investigations.

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

     SECTION 1.  The legislature finds that Hawaii has hundreds of unsolved murders, including some cases more than forty years old.  According to the nonprofit organization Project:  Cold Case, the State reported 2,182 homicides between 1965 and 2023, and 728 of those cases remain unsolved.  Native Hawaiian, Pacific Islander, and other Indigenous persons are disproportionately represented among homicide victims and missing persons cases, including unsolved "cold cases."  Nationally, the United States Department of Justice estimates that there are more than four thousand two hundred unsolved cases of missing and murdered Indigenous persons.

     The legislature recognizes that, while each county in the State has a cold case unit, additional resources and personnel may be needed to assist with the investigation of decades-old crimes.  The legislature also recognizes the value in coordinating efforts and sharing information among federal, state, tribal, and other agencies.

     Accordingly, the purpose of this Act is to establish a cold case investigation unit within the department of the attorney general to assist federal, state, county, and tribal law enforcement, and other cold case units, in investigating unsolved homicide, missing person, and other cases that have a nexus to the State.

     SECTION 2.  Chapter 28, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part   .  COLD CASE INVESTIGATION UNIT

     §28-     Cold case investigation unit.  (a)  There is established in the department of the attorney general a cold case investigation unit.

     (b)  The unit shall employ attorneys, investigators, and other personnel as necessary to promote the effective and efficient conduct of the unit's activities.  Except for the attorneys, all other employees of the unit shall be subject to chapter 76.

     (c)  The purpose of the cold case investigation unit shall be to assist federal, state, county, and tribal law enforcement agencies, and cold case units within the office of a prosecutor, including law enforcement agencies and cold case units in other states, in investigating unsolved cases where the crime took place in this State or where the victim was a resident of this State.

     (d)  Cases investigated by the cold case unit may include unsolved homicides, sexual offenses, sexually motivated offenses, missing persons, and cases of unidentified remains; provided that the unit shall prioritize the investigation of cases having a Native Hawaiian, Pacific Islander, Native American, Native Alaskan, or other indigenous victim.

     (e)  The cold case investigation unit may accept investigation requests and may proactively offer assistance to a law enforcement agency or cold case unit; provided that the unit shall not assist with an active criminal investigation."

     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 establishment and operation of a cold case investigation unit within the department of the attorney general.

     The sums appropriated shall be expended by the department of the attorney general for the purposes of this Act.

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

Report Title:

AG; Cold Case; Missing and Murdered Indigenous Peoples; Appropriation

Description:

Establishes and appropriates money for a Cold Case Investigation Unit within the Department of the Attorney General.  Prioritizes unsolved cases involving an Indigenous victim.

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.  725

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 610

      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. 610 entitled:

"A BILL FOR AN ACT RELATING TO COLD CASE INVESTIGATIONS,"

begs leave to report as follows:

     The purpose of this measure is to establish and appropriate funds for a Cold Case Investigation Unit within the Department of the Attorney General to assist federal, state, county, and tribal law enforcement, and other cold case units, in investigating unsolved homicide, missing person, and other cases that have a nexus to the State.

     Your Committee received testimony in support of this measure from the Department of the Attorney General; Office of Hawaiian Affairs; and one individual.

     Your Committee finds that the State has hundreds of unsolved murders, including some cases more than forty years old.  According to the nonprofit organization Project:  Cold Case, the State reported 2,182 homicides between 1965 and 2023, and 728 of those cases remain unsolved.  Your Committee further finds that, while each county in Hawaii has a cold case unit, additional resources and personnel may be needed to assist with the investigation of decades-old crimes.  Coordination of efforts and sharing of information among federal, state, county, tribal, and other agencies is also valuable in resolving unsolved cases.  Your Committee believes that the establishment of a Cold Case Investigation Unit will provide the necessary resources, personnel, and coordination between agencies to help bring closure to many of the State's unsolved crimes.

     Your Committee has amended this measure by:

     (1)  Deleting language which would have:

          (A)  Required the Cold Case Investigation Unit to prioritize unsolved cases involving an Indigenous victim; and

          (B)  Prohibited the Cold Case Investigation Unit from assisting with an active criminal investigation;

     (2)  Adding a definition of "cold case";

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

     (4)  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. 610, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 610, H.D. 1, and be referred to your Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,