SB 2520: AG; Hawaii Law Enforcement Coalition Package; Habitual Violent Offenders; Criminal Justice Research Institute; Reports

A BILL FOR AN ACT

RELATING TO HABITUAL VIOLENT CRIME.

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

PART I

     SECTION 1.  The legislature finds that Act 213, Session Laws of Hawaii 2024 (Act 213), was enacted to deter certain habitual violent crimes, including sexual assaults, abuse of family or household members, and assaults against law enforcement officers, by increasing the offense to a class C felony if the person had three or more prior convictions for a violent crime within a five-year period.

     The legislature further finds that Act 213 sought to protect the public from habitual violent criminal offenders but, as a caution against the increased numbers of incarcerations, also included a provision to repeal the offense of habitual violent crime on June 30, 2027, pending an assessment of its effectiveness.  Given the amount of time it takes for felony cases to travel through our criminal justice system, more time is needed to evaluate Act 213's effectiveness in reducing habitual violent crimes.  For a valid assessment, best practices in research methodology recommend that data be collected for at least five years both before and after the law was passed.

     Accordingly, the purpose of this Act is to:

     (1)  Amend Act 213 by:

          (A)  Requiring the criminal justice research institute to submit a one-time report to the legislature before the regular session of 2031; and

          (B)  Repealing its sunset date; and

     (2)  Require the attorney general, in consultation with the criminal justice research institute, to submit ongoing annual reports to the legislature.

PART II

     SECTION 2.  Act 213, Session Laws of Hawaii 2024, is amended by adding a new section to read as follows:

     "SECTION 3A.  The criminal justice research institute shall analyze data on the effectiveness of this Act in reducing violent crime and submit a report to the legislature no later than twenty days prior to the convening of the regular session of 2031.  The department of attorney general, judiciary, and other criminal justice agencies as needed shall provide data to the criminal justice research institute to complete the report."

     SECTION 3.  Act 213, Session Laws of Hawaii 2024, is amended by amending section 6 to read as follows:

     "SECTION 6.  This Act shall take effect upon its approval[, and shall be repealed on June 30, 2027]."

PART III

     SECTION 4.  Chapter 28, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§28-    Habitual violent crime; reports.  (a)  The department of the attorney general, in consultation with the criminal justice research institute, shall submit an annual report to the legislature no later than twenty days prior to the convening of the regular session of 2027, and every year thereafter, on the effectiveness of section 707-712.2 in addressing repeat violent crime in the State.  Each report shall include data for that calendar year that includes, but is not limited to:

     (1)  The number of persons arrested or cited for an offense listed under section 707-712.2(1) who are also habitual violent crime offenders;

     (2)  The number of habitual violent crime offenders from paragraph (1) who have been arrested or cited for an offense listed under section 707-712.2(1) more than once since the enactment of Act    , Session Laws of Hawaii 2026;

     (3)  The number of cases charged under section 707-712.2; and

     (4)  The outcomes of the cases charged under section 707‑712.2, including the number of cases that led to a trial, plea agreement, conviction, deferred acceptance of guilty or nolo contendere plea, incarceration, or probation.

     (b) The data included in the reports required by this section shall contain only information in aggregate form and not include any personally identifiable information.  Nothing in this section shall be construed to require disclosure of information that is confidential under state or federal law or protected by court order.

     (c)  No later than December 1, 2026, and every year thereafter, the prosecuting attorney of each county shall provide the department of the attorney general with the data to enable the department to complete the report required under subsection (a)."

PART IV

     SECTION 5.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect upon its approval.

Report Title:

AG; Hawaii Law Enforcement Coalition Package; Habitual Violent Offenders; Criminal Justice Research Institute; Reports

Description:

Amends Act 213, SLH 2024, by repealing its sunset date and requiring the Criminal Justice Research Institute to submit a one-time report to the Legislature before the Regular Session of 2031.  Requires the Department of the Attorney General, in consultation with the Criminal Justice Research Institute, to submit ongoing annual reports to the Legislature.  (SD2)

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 HABITUAL VIOLENT CRIME.

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

PART I

     SECTION 1.  The legislature finds that Act 213, Session Laws of Hawaii 2024 (Act 213), was enacted to deter certain habitual violent crimes, such as sexual assaults, abuse of family or household members, and assaults against law enforcement officers, by increasing the offense to a class C felony if the person had three or more prior convictions for a violent crime within a five-year period.

     The legislature further finds that Act 213 sought to protect the public from habitual violent criminal offenders but, as a caution against the increased numbers of incarcerations, also included a provision to repeal the offense of habitual violent crime on June 30, 2027, pending an assessment of its effectiveness.  Given the amount of time it takes for felony cases to travel through our criminal justice system, more time is needed to evaluate Act 213's effectiveness in reducing habitual violent crimes.  For a valid assessment, best practices in research methodology recommend that data be collected for at least five years both before and after the law was passed.

     Accordingly, the purpose of this Act is to:

     (1)  Amend Act 213 by:

          (A)  Requiring the criminal justice research institute to submit a one-time report to the legislature before the regular session of 2031; and

          (B)  Repealing its sunset date; and

     (2)  Require the attorney general, in consultation with the criminal justice research institute, to submit ongoing annual reports to the legislature.

PART II

     SECTION 2.  Act 213, Session Laws of Hawaii 2024, is amended by adding a new section to read as follows:

     "SECTION 3A.  The criminal justice research institute shall analyze data on the effectiveness of this Act in reducing violent crime and submit a report to the legislature no later than twenty days prior to the convening of the regular session of 2031.  The department of attorney general, judiciary, and other criminal justice agencies as needed shall provide data to the criminal justice research institute to complete the report."

     SECTION 3.  Act 213, Session Laws of Hawaii 2024, is amended by amending section 6 to read as follows:

     "SECTION 6.  This Act shall take effect upon its approval[, and shall be repealed on June 30, 2027]."

PART III

     SECTION 4.  Chapter 28, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§28-     Habitual violent crime; reports.  (a)  The department of the attorney general, in consultation with the criminal justice research institute, shall submit an annual report to the legislature no later than twenty days prior to the convening of the regular session of 2027, and every year thereafter, on the effectiveness of section 707-712.2 in addressing repeat violent crime in the State.  Each report shall include data for that calendar year that includes, but is not limited to:

     (1)  The number of persons arrested or cited for an offense listed under section 707-712.2(1) who are also habitual violent crime offenders;

     (2)  The number of habitual violent crime offenders from paragraph (1) who have been arrested or cited for an offense listed under section 707-712.2(1) more than once since the enactment of Act    , Session Laws of Hawaii 2026;

     (3)  The number of cases charged under section 707-712.2; and

     (4)  The outcomes of the cases charged under section 707‑712.2, such as the number of cases that led to a trial, plea agreement, conviction, deferred acceptance of guilty or nolo contendere plea, incarceration, or probation.

     (b)  No later than December 1, 2026, and every year thereafter, the prosecuting attorney of each county shall provide the department of the attorney general with the data to enable the department to complete the report required under subsection (a)."

PART IV

     SECTION 5.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect upon its approval.

Report Title:

AG; Hawaii Law Enforcement Coalition Package; Habitual Violent Offenders; Criminal Justice Research Institute; Reports

Description:

Amends Act 213, SLH 2024, by repealing its sunset date and requiring the Criminal Justice Research Institute to submit a one-time report to the Legislature before the Regular Session of 2031.  Requires the Department of the Attorney General, in consultation with the Criminal Justice Research Institute, to submit ongoing annual reports to the Legislature.  (SD1)

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 HABITUAL VIOLENT CRIME.

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

     SECTION 1.  The legislature finds that Act 213, Session Laws of Hawaii 2024 (Act 213), was enacted to deter certain habitual violent crimes such as sexual assaults, abuse of family or household members, and assaults against law enforcement officers, by increasing the offense to a class C felony if the person had three or more prior convictions for a violent crime within a five-year period.

     The legislature further finds that Act 213 sought to protect the public from habitual violent criminal offenders but, as a caution against the increased numbers of incarcerations, also included a provision to repeal the offense of habitual violent crime on June 30, 2027, pending an assessment of its effectiveness.  Given the amount of time it takes for felony cases to travel through our criminal justice system, more time is needed to evaluate Act 213's effectiveness in reducing habitual violent crimes.  For a valid assessment, best practices in research methodology recommend that data be collected for at least five years both before and after the law was passed.

     Accordingly, the purpose of this Act is to:

     (1)  Amend Act 213 by:

          (A)  Requiring the criminal justice research institute to submit a one-time report to the legislature prior to the regular session of 2031; and

          (B)  Repealing its sunset date; and

     (2)  Require the attorney general, in consultation with criminal justice research institute, to submit ongoing annual reports to the legislature.

     SECTION 2.  Act 213, Session Laws of Hawaii 2024, is amended by adding a new section to read as follows:

     "SECTION 3A.  The criminal justice research institute shall analyze data on the effectiveness of this Act in reducing violent crime and submit a report to the legislature no later than twenty days prior to the convening of the regular session of 2031.  The department of attorney general, judiciary, and other criminal justice agencies as needed shall provide data to the criminal justice research institute to complete the report."

     SECTION 3.  Act 213, Session Laws of Hawaii 2024, is amended by amending section 6 to read as follows:

     "SECTION 6.  This Act shall take effect upon its approval[, and shall be repealed on June 30, 2027]."

     SECTION 4.  Chapter 28, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§28-     Habitual violent crime; reports.  (a)  The department of the attorney general, in consultation with the criminal justice research institute, shall submit an annual report to the legislature no later than twenty days prior to the convening of the regular sessions of 2027, and every year thereafter, on the effectiveness of section 707-712.2 in addressing repeat violent crime in Hawaii.  Each report shall include data for that calendar year that includes, but is not limited to:

     (1)  The number of persons arrested or cited for an offense listed under section 707-712.2(1), Hawaii Revised Statutes, who are also habitual violent crime offenders;

     (2)  The number of habitual violent crime offenders from paragraph (1) who have been arrested or cited for an offense listed under section 707-712.2(1), Hawaii Revised Statutes, more than once since the enactment  of this Act;

     (3)  The number of cases charged under section 707-712.2, Hawaii Revised Statutes; and

     (4)  The outcomes of the cases charged under section 707‑712.2, Hawaii Revised Statutes, such as the number of cases that led to a trial, plea agreement, conviction, deferred acceptance of guilty or nolo contendere plea, incarceration, or probation.

     (b)  No later than December 1 of 2026 and every year thereafter, the prosecuting attorney of each county shall provide the department of the attorney general with the data to enable the department to complete the report under subsection (a)."

     SECTION 5.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect upon its approval.

Report Title:

Hawaii Law Enforcement Coalition Package; Habitual Violent Offenders; Criminal Justice Research Institute

Description:

Amend Act 213, SLH 2024, by repealing its sunset date and requiring the Criminal Justice Research Institute to submit a one-time report to the Legislature prior to the Regular Session of 2031.  Requires the Attorney General, in consultation with Criminal Justice Research Institute, to submit ongoing annual reports to the Legislature.

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. 3057

Honolulu, Hawaii

RE:     S.B. No. 2520

        S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 2520, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO HABITUAL VIOLENT CRIME,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Amend Act 213, Session Laws of Hawaii 2024, by repealing its sunset date and requiring the Criminal Justice Research Institute to submit a one-time report to the Legislature before the Regular Session of 2031; and

     (2)  Require the Department of the Attorney General, in consultation with the Criminal Justice Research Institute, to submit ongoing annual reports to the Legislature.

     Your Committee received testimony in support of this measure from the Department of the Attorney General, Department of the Prosecuting Attorney of the City and County of Honolulu, Office of the Prosecuting Attorney of the County of Hawaii, Department of the Prosecuting Attorney of the County of Maui, Honolulu Police Department, Kauaʻi Police Department, and two individuals.

     Your Committee received testimony in opposition to this measure from Hawaiʻi Friends of Restorative Justice.

     Your Committee received comments on this measure from the Judiciary.

     Your Committee finds that Act 213, Session Laws of Hawaii 2024, was enacted to establish an offense to target offenders who have proven to be a safety risk to the State's communities by accruing multiple misdemeanor convictions for unlawful physical violence.  However, this offense will sunset in 2027.  Your Committee further finds that experts recommend collecting at least five years of data to understand how a law works in practice, and therefore the sunset date of 2027 will likely be insufficient to allow for adequate data analysis.  This measure will provide the Legislature with additional time and information to ensure the efficacy of the habitual violent crime offense.

     Your Committee has amended this measure by:

     (1)  Requiring the annual reports submitted by the Department of the Attorney General to the Legislature contain only aggregated information and no personally identifiable or confidential information; and

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2520, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2520, S.D. 2.

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

STAND. COM. REP. NO. 2128

Honolulu, Hawaii

RE:     S.B. No. 2520

        S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

     Your Committee on Public Safety and Military Affairs, to which was referred S.B. No. 2520 entitled:

"A BILL FOR AN ACT RELATING TO HABITUAL VIOLENT CRIME,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Amend Act 213, Session Laws of Hawaii 2024, by repealing its sunset date and requiring the Criminal Justice Research Institute to submit a one-time report to the Legislature before the Regular Session of 2031; and

     (2)  Require the Department of the Attorney General, in consultation with the Criminal Justice Research Institute, to submit ongoing annual reports to the Legislature.

     Your Committee received testimony in support of this measure from the Department of the Attorney General, Department of the Prosecuting Attorney of the County of Maui, Maui Police Department, Office of the Prosecuting Attorney of the County of Hawaii, and two individuals.

     Your Committee received testimony in opposition to this measure from six individuals.

     Your Committee received comments on this measure from the Criminal Justice Research Institute.

     Your Committee finds that Act 213, Session Laws of Hawaii 2024 (Act 213), allowed habitual violent crime offenders to be charged with a felony for repeatedly committing violent misdemeanors, such as abusing a family or household member.  These habitual violent crime offenders pose a long-term risk to the community because of their propensity to commit further violent crimes in the future.  However, Act 213 contains a sunset provision and will be repealed on June 30, 2027.  Your Committee believes that, given the complexity and length of felony cases, Act 213's sunset date should be repealed to allow for additional time to accurately evaluate Act 213's effectiveness.  In addition to ensuring adequate time for evaluation, this measure bolsters future efforts to mitigate habitual violent crime offenders by requiring reports that will provide critical data on the prevalence of habitual violent crime offenders in the State.

     Your Committee has amended this measure by making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Public Safety and Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2520, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2520, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Public Safety and Military Affairs,