SB 2721: Hawaii Penal Code; Advisory Committee Recommendations; Implementation
- Session Year: 2025-2026
- House: Senate
- Latest Version Date: 2026-04-29
Current Status:
Passed
(2026-06-26: Act 151, on 06/25/2026 (Gov. Msg. No. 1252).)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
What does this bill do?
This bill makes many changes to Hawaii's penal code based on recommendations from a statewide advisory committee, affecting defendants, courts, law enforcement, the health and corrections departments, landlords and renters. Key changes include allowing telehealth and faster record sharing for mental‑health fitness exams, changing some time limits and burdens of proof, revising probation lengths, creating new drug possession categories with required assessments and treatment options, adding a violation for consenting to unreasonable noise, and creating a seven‑day statewide bail‑posting program.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Implements recommendations from the 2025 Advisory Committee on Penal Code Review, established pursuant to Act 245, SLH 2024, to amend the Hawaii Penal Code. Effective 9/1/2026. (CD1)
Implements recommendations from the 2025 Advisory Committee on Penal Code Review, established pursuant to Act 245, SLH 2024, to amend the Hawaii Penal Code. Effective 7/1/3000. (HD1)
Implements recommendations pursuant to Act 245, SLH 2024, to amend the Hawaii Penal Code. (SD1)
Implements recommendations pursuant to Act 245, SLH 2024 to amend the Hawaii Penal Code.
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THE SENATE |
S.B. NO. |
2721 |
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THIRTY-THIRD LEGISLATURE, 2026 |
S.D. 1 |
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STATE OF HAWAII |
H.D. 1 |
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C.D. 1 |
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A BILL FOR AN ACT
RELATING TO THE ADMINISTRATION OF JUSTICE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Act 245, Session Laws of Hawaii 2024, requested the judicial council to appoint an advisory committee to review and recommend revisions to the Hawaii Penal Code. In particular, the requested review was to ensure:
(1) That the Hawaii Penal Code is consistent and proportional across the various types and classes of offenses;
(2) That the Hawaii Penal Code is aligned with national best practices and based upon evidence-based strategies;
(3) That grades and punishment are appropriate and proportionate to other sentences imposed for criminal or civil offenses and are cost-effective in deterring crime, reducing recidivism, and providing restitution to victims in a manner that provides equal justice and punishment regardless of socioeconomic class or ethnicity;
(4) That the response of the criminal justice system to mentally ill offenders is appropriate to the situation; and
(5) The continued force, effectiveness, and enforcement of the Hawaii Penal Code.
Accordingly, the judicial council convened an advisory committee on penal code review comprising sixty-one members, including sixteen judges representing all courts and all four judicial circuits; the chair of the senate committee on judiciary; the chair of the house committee on judiciary and Hawaiian affairs; a representative from the department of the attorney general; the director of the department of corrections and rehabilitation; a representative from the department of health; prosecuting attorneys or their representatives for all four counties; the public defender; representatives from Honolulu and Maui police departments; a representative of the office of Hawaiian affairs; a member of the judicial council; representatives of the criminal defense bar; crime victim advocates; and community advocates.
Eight subcommittees were formed, and each subcommittee convened numerous times to consider and prepare proposed revisions to designated parts of the Penal Code and to related statutes outside the Penal Code, for submission to the entire advisory committee. The advisory committee on penal code review met in plenary session nine times between November 1, 2024, and October 31, 2025, and recommended statutory changes that are reflected in the legislation proposed by this Act.
The purpose of this Act is to amend various chapters of the Hawaii Penal Code, and related statutes outside the Penal Code, pursuant to the recommendations of the advisory committee on penal code review.
PART II
SECTION 2. The purpose of this part is to amend chapter 701, Hawaii Revised Statutes, regarding preliminary provisions of the Hawaii Penal Code.
SECTION 3. Section 701-107, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:
"(2)
A crime is a felony if it is so designated in this Code or in a
statute other than this Code enacted subsequent thereto, or if persons
convicted thereof may be sentenced to imprisonment for a term [which] that
is in excess of one year."
SECTION 4. Section 701-108, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:
"(2) Except as otherwise provided in this section, prosecutions for other offenses are subject to the following periods of limitation:
(a) A prosecution for manslaughter where the death was not caused by the operation of a motor vehicle must be commenced within ten years after it is committed;
(b) A prosecution for a class A felony must be commenced within six years after it is committed;
(c) A prosecution for any felony under part IX of chapter 708 must be commenced within five years after it is committed;
(d) A prosecution for any other felony must be commenced within three years after it is committed;
(e) A prosecution for a misdemeanor [or
parking violation] must be commenced within two years after it is
committed; and
(f) A prosecution for a petty misdemeanor
or a violation [other than], including a parking violation,
must be commenced within one year after it is committed."
SECTION 5. Section 701-116, Hawaii Revised Statutes, is amended to read as follows:
"§701-116 Proving applicability of the Code. When the application of the Code depends on
the finding of a fact [which] that is not required to be found
beyond a reasonable doubt:
(1) The
burden of proving the fact [is] shall be on the prosecution or
defendant, depending on whose interest or contention will be furthered if the
finding should be made; and
(2) [The]
Unless there is any authority to the contrary, the fact [must] shall
be proved by a preponderance of the evidence."
PART III
SECTION 6. The purpose of this part is to amend chapter 704, Hawaii Revised Statutes, regarding penal responsibility and fitness to proceed.
SECTION 7. Section 704-404, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (3) to read:
"(3) An examination performed under this section may employ any method that is accepted by the professions of medicine or psychology for the examination of those alleged to be affected by a physical or mental disease, disorder, or defect; provided that each examiner shall form and render an opinion upon the defendant's fitness to proceed independently from the other examiners, and the examiners, upon approval of the court, may secure the services of clinical psychologists and other medical or paramedical specialists to assist in the examination. The examination shall comply with the other provisions of this section and may be conducted utilizing telehealth, as that term is defined in section 453-1.3(j), at the request of the examiner. The department of health and the department of corrections and rehabilitation shall provide secure access to defendants in their custody for any examination requested to be conducted utilizing telehealth at facilities operated by those departments in which the defendants may be hospitalized or incarcerated."
2. By amending subsections (9) and (10) to read:
"(9)
The court shall obtain all existing relevant medical, mental health,
social, police, and juvenile records, including those expunged, and other
pertinent records in the custody of public agencies, notwithstanding any other
statute, and make the records available for inspection by the examiners in hard
copy or digital format. The court may
order that the records so obtained be made available to the prosecuting
attorney and counsel for the defendant in either format, subject to conditions
the court determines appropriate; provided that juvenile records shall not be
made available unless constitutionally required. [No further disclosure of records shall be
made except as permitted by law.]
If, pursuant to this section, the court orders the defendant committed
to a hospital or other suitable facility under the control of the director of
health, then the county police departments shall provide to the director of
health and the defendant copies of all police reports from cases filed against
the defendant that have been adjudicated by the acceptance of a plea of guilty
or no contest, a finding of guilt, acquittal, acquittal pursuant to section
704-400, or [by] the entry of plea of guilty or no contest made pursuant
to chapter 853; provided that the disclosure to the director of health and the
defendant does not frustrate a legitimate function of the county police
departments, with the exception of expunged records, records of or pertaining
to any adjudication or disposition rendered in the case of a juvenile, or
records containing data from the United States National Crime Information
Center. The county police departments
shall segregate or sanitize from the police reports information that would
result in the likely or actual identification of individuals who furnished
information in connection with its investigation, or who were of investigatory
interest. The department of health
and the department of corrections and rehabilitation may disclose all relevant
records between themselves regarding a defendant moved between departments. No further disclosure of records shall be
made except as provided by law.
(10)
[All] Within fourteen days of receipt of a court order,
excluding intermediate Saturdays, Sundays, or holidays designated pursuant to
section 8-1, or a longer time as the court may prescribe, all public
agencies, persons, or other entities in possession of relevant medical,
mental health, social, police, and juvenile records, including those
expunged, and any other pertinent records of a defendant ordered to be
examined under this chapter, shall provide those records to the court[,]
in accordance with the terms of the order, notwithstanding any other
state or federal statute[.] and without requiring a signed
consent from the defendant if the order so provides. An order may provide for a continuing
obligation to provide records to the court created or received by public
agencies, persons, or other entities after the initial provision of records to
the court. In addition, all public
agencies shall make records available to an appointed examiner for inspection
at locations where the defendant has been or is hospitalized or incarcerated
upon request and presentment of a court order authorizing the examiner to make
the inspection, notwithstanding any other state or federal statute and without
requiring a signed consent of the defendant if the order so provides."
SECTION 8. Section 704-406, Hawaii Revised Statutes, is amended to read as follows:
"§704-406 Effect of finding of unfitness to proceed and
regained fitness to proceed. (1) If the court determines that the defendant
lacks fitness to proceed, the proceeding against the defendant shall be
suspended, except as provided in sections 704-407 and 704-421, and the court
shall commit the defendant to the custody of the director of health to be
placed in an appropriate institution for detention, assessment, care, and treatment;
provided that:
(a) When the defendant is charged with a petty misdemeanor not involving violence or attempted violence, the defendant shall be diverted from the criminal justice system pursuant to section 704-421; and
(b) When the defendant is charged with a misdemeanor not involving violence or attempted violence, the commitment shall be limited to no longer than one hundred twenty days from the date the court determines the defendant lacks fitness to proceed.
If the
court is satisfied that the defendant may be released on conditions without
danger to the defendant or to another or risk of substantial danger to property
of others, the court shall order the defendant's release, which shall continue
at the discretion of the court, on conditions the court determines necessary;
provided that the release on conditions of a defendant charged with a
misdemeanor not involving violence or attempted violence shall continue for no
longer than one hundred twenty days. A
copy of all reports filed pursuant to section 704-404 shall be attached to the
order of commitment or order of release on conditions
that is provided to the department of health. When the defendant is committed to the
custody of the director of health for detention, assessment, care, and
treatment, the county police departments shall provide to the director of
health and the defendant copies of all police reports from cases filed against
the defendant that have been adjudicated by the acceptance of a plea of guilty
or nolo contendere, a finding of guilt, acquittal, acquittal pursuant to
section 704-400, or [by] the entry of a plea of guilty or nolo
contendere made pursuant to chapter 853; provided that the disclosure to the
director of health and the defendant does not frustrate a legitimate function
of the county police departments; provided further that expunged records,
records of or pertaining to any adjudication or disposition rendered in the
case of a juvenile, or records containing data from the United States National
Crime Information Center shall not be provided.
The county police departments shall segregate or sanitize from the
police reports information that would result in the likely or actual
identification of individuals who furnished information in connection with the
investigation or who were of investigatory interest. The department of health and the
department of corrections and rehabilitation may disclose all relevant records
between themselves regarding a defendant moved between departments. No further disclosure of records shall be
made except as provided by law.
(2) When the defendant is released on conditions after a finding of unfitness to proceed, the department of health shall establish and monitor a fitness restoration program consistent with conditions set by the court order of release, and shall inform the prosecuting attorney of the county that charged the defendant of the program and report the defendant's compliance therewith.
(3) The
department of health shall periodically report to the court on the defendant's
compliance with treatment and fitness restoration. When the court, on its own motion or upon the
application of the director of health, the prosecuting attorney, or the
defendant, [has reason to believe] determines, after a hearing if a
hearing is requested, that the defendant has regained fitness to proceed, the
penal proceeding shall be resumed. If
requested by the prosecuting attorney or the defendant, the court may appoint
one or more qualified examiners as set forth below to examine and report upon
the physical and mental condition of the defendant to assist the court in
making the determination of fitness. If
an examination is ordered for a defendant charged with the offense of
murder in the first or second degree, attempted murder in the first or second
degree, or a class A felony, the court shall appoint three qualified examiners
and may appoint in all other cases one qualified examiner[, to examine and
report upon the physical and mental condition of the defendant. In cases in which the defendant has been
charged with murder in the first or second degree, attempted murder in the
first or second degree, or a class A felony, the court shall appoint as
examiners at least one psychiatrist and at least one licensed
psychologist. The third examiner may be
a psychiatrist, licensed psychologist, or qualified physician]. [One] When appointing three
examiners, the court shall appoint psychiatrists, licensed psychologists, or
qualified physicians as examiners; provided that one of the three examiners
shall be a psychiatrist or licensed psychologist designated by the director of
health from within the department of health.
In all other cases, the one qualified examiner shall be a psychiatrist
or licensed psychologist designated by the director of health from within the
department of health. The court, in
appropriate circumstances, may appoint an additional examiner or examiners. All examiners shall be appointed from a list
of certified examiners as determined by the department of health. [After a hearing, if a hearing is
requested, if the court determines that the defendant has regained fitness to
proceed, the penal proceeding shall be resumed and the defendant shall no
longer be committed to the custody of the director of health. In cases where a defendant is charged with
the offense of murder in the first or second degree, attempted murder in the
first or second degree, or a class A felony, upon the request of the
prosecuting attorney or the defendant, and in consideration of information
provided by the defendant's clinical team, the court may order that the
defendant remain in the custody of the director of health, for good cause
shown, subject to bail or until a judgment on the verdict or a finding of guilt
after a plea of guilty or nolo contendere.
Thereafter, the court may consider a request from the director of health
to rescind its order maintaining the defendant in the director's custody, for
good cause shown.] As used in this
section, the term "qualified physician" means a physician qualified
by the court for the specific evaluation ordered. If, [however,] after a
determination that the defendant has regained fitness, the court is of the
view that so much time has elapsed since the commitment or release on
conditions of the defendant that it would be unjust to resume the proceeding,
the court may dismiss the charge and:
(a) Order the defendant to be discharged;
(b) Subject to section 334-60.2 regarding involuntary hospitalization criteria, order the defendant to be committed to the custody of the director of health to be placed in an appropriate institution for detention, care, and treatment; or
(c) Subject to section 334-121 regarding assisted community treatment criteria, order the defendant to be released on conditions the court determines necessary.
(4) [An
examination for regained fitness to proceed performed under this section may
employ any method that is accepted by the professions of medicine or psychology
for the examination of those alleged to be affected by a physical or mental
disease, disorder, or defect, and shall include a review of records where the
defendant, while under the custody of the director of health, was placed;
provided that each examiner shall form and render an opinion on the defendant's
regained fitness to proceed independently from the other examiners and the
examiners, upon approval of the court, may secure the services of clinical
psychologists and other medical or paramedical specialists to assist in the
examination.] If an examination is ordered under subsection (3), the
examination and report and the compensation of persons making or assisting in
the examination shall be in accordance with section 704-404(3) and (5) to (11).
[(5)
The report of the examination for regained fitness to proceed shall
include the following:
(a) A description of the nature of the
examination;
(b) An opinion as to the defendant's
capacity to understand the proceedings against the defendant and to assist in
the defendant's own defense; and
(c) Where more than one examiner is
appointed, a statement that the opinion rendered was arrived at independently
of any other examiner, unless there is a showing to the court of a clear need
for communication between or among the examiners for clarification. A description of the communication shall be
included in the report. After all
reports are submitted to the court, examiners may confer without restriction.
(6)
All other procedures as set out in section 704-404(6) through (11) shall
be followed for the completion of the report of the examination for regained
fitness to proceed performed under this section.
(7)] (5) If a defendant who has either been
committed to the custody of the director of health for a limited period
pursuant to subsection [(1)] (1)(b) or released on conditions for a
limited period pursuant to subsection (1) is not found fit to proceed [prior
to] before the expiration of the commitment, the charge for which
the defendant was committed for a limited period shall be dismissed. Upon dismissal of the charge, the defendant
shall be released from custody or discharged from the release on conditions,
whichever is applicable, unless the defendant is subject to prosecution for
other charges or subject to section 334-60.2 regarding involuntary
hospitalization criteria, in which case the court shall order the defendant's
commitment to the custody of the director of health to be placed in an
appropriate institution for detention, care, and treatment. Within a reasonable time following any other commitment
or release on conditions under subsection (1), the director of health
shall report to the court on whether the defendant presents a substantial
likelihood of becoming fit to proceed in the future. The court, in addition, may appoint a panel
of three qualified examiners in felony cases or one qualified examiner in
nonfelony cases to make a report[.] as to whether the defendant
presents a substantial likelihood of becoming fit to proceed in the future. The examination and report shall comply with
subsections (3) and (4). If,
following the receipt of the report[,] or reports, and after a
hearing, if a hearing is requested, the court determines that the defendant
probably will remain unfit to proceed, the court may dismiss the charge and:
(a) Release the defendant; or
(b) Subject to section 334-60.2 regarding involuntary hospitalization criteria, order the defendant to be committed to the custody of the director of health to be placed in an appropriate institution for detention, care, and treatment.
[(8)
If a defendant released on conditions for a limited period pursuant to
subsection (1) is not found fit to proceed prior to the expiration of the
release on conditions order, the charge for which the defendant was released on
conditions for a limited period shall be dismissed. Upon dismissal of the charge, the defendant
shall be discharged from the release on conditions unless the defendant is
subject to prosecution for other charges or subject to section 334-60.2
regarding involuntary hospitalization criteria, in which case the court shall
order the defendant's commitment to the custody of the director of health to be
placed in an appropriate institution for detention, care, and treatment. Within a reasonable time following any other
release on conditions under subsection (1), the court shall appoint a panel of
three qualified examiners in felony cases or one qualified examiner in
nonfelony cases to report to the court on whether the defendant presents a
substantial likelihood of becoming fit to proceed in the future. If, following the report, the court
determines that the defendant probably will remain unfit to proceed, the court
may dismiss the charge and:
(a) Release the defendant; or
(b) Subject to section 334-60.2
regarding involuntary hospitalization criteria, order the defendant to be
committed to the custody of the director of health to be placed in an
appropriate institution for detention, care, and treatment.]"
SECTION 9. Section 704-407.5, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (3) to read:
"(3) An examination performed under this section may employ any method that is accepted by the professions of medicine or psychology for the examination of those alleged to be affected by a physical or mental disease, disorder, or defect; provided that each examiner shall form and render diagnoses and opinions upon the physical and mental condition of the defendant independently from the other examiners, and the examiners, upon approval of the court, may secure the services of clinical psychologists and other medical or paramedical specialists to assist in the examination and diagnosis. The examination shall comply with the other provisions of this section and may be conducted utilizing telehealth, as that term is defined in section 453-1.3(j), at the request of the examiner. The department of health and the department of corrections and rehabilitation shall provide secure access to defendants in their custody for any examination requested to be conducted utilizing telehealth."
2. By amending subsections (10) and (11) to read:
"(10) The court shall obtain all existing relevant medical, mental health, social, police, and juvenile records, including those expunged, and other pertinent records in the custody of public agencies, notwithstanding any other statute, and make the records available for inspection by the examiners in hard copy or digital format. The court may order that the records so obtained be made available to the prosecuting attorney and counsel for the defendant in either format, subject to conditions the court determines appropriate; provided that juvenile records shall not be made available unless constitutionally required. The department of health and the department of corrections and rehabilitation may disclose all relevant records between themselves regarding a defendant moved between departments. No further disclosure of records shall be made except as permitted by law.
(11) [All] Within fourteen days of
receipt of a court order, excluding intermediate Saturdays, Sundays, or
holidays designated pursuant to section 8-1, or a longer time as the court may
prescribe, all public agencies, persons, or other entities in
possession of relevant medical, mental health, social, police, and juvenile
records, including those expunged, and any other pertinent records of a
defendant ordered to be examined under this chapter, shall provide those
records to the court[,] in accordance with the terms of the order,
notwithstanding any other state or federal statute[.] and
without requiring a signed consent from the defendant if the order so provides. An order may provide for a continuing
obligation to provide records to the court created or received by public
agencies, persons, or other entities after the initial provision of records to
the court. In addition, all public
agencies shall make records available to an appointed examiner for inspection
at the location where the records are maintained upon request and presentment
of a court order authorizing the examiner to make the inspection,
notwithstanding any other state or federal statute and without requiring a
signed consent from the defendant if the order so provides."
PART IV
SECTION 10. The purpose of this part is to amend chapter 705, Hawaii Revised Statutes, regarding inchoate crimes.
SECTION 11. Section 705-501, Hawaii Revised Statutes, is amended to read as follows:
"§705-501 Criminal attempt; attempting to aid another. (1) A
person who engages in conduct intended to aid another to commit a crime is
guilty of an attempt to commit the crime, [although] even though
the crime is not committed or attempted by the other person, [provided his]
if the person's conduct would establish [his] the person's
complicity under sections 702-222 through 702-226 [if] had the
crime [were] been committed or attempted by the other person.
(2)
It [is] shall not be a defense to a prosecution
under this section that, under the circumstances, it was
impossible for the defendant to aid the other person in the commission of the
offense, [provided he] if the defendant could have done so had
the circumstances been as [he] the defendant believed them to
be."
SECTION 12. Section 705-511, Hawaii Revised Statutes, is amended by amending subsections (1) and (2) to read as follows:
"(1)
A person shall not be liable under section 705-510 for criminal
solicitation of another if under sections 702‑224(1) and (2) and
702-225(1) [he] the person would not be legally accountable for
the conduct of the other person.
(2)
It [is] shall not be a defense to a prosecution
under section 705-510 that the person solicited could not be guilty of
committing the crime because:
(a) [He]
The person is, by definition of the offense, legally incapable in an
individual capacity of committing the offense solicited;
(b) [He]
The person is penally irresponsible or has an immunity to prosecution or
conviction for the commission of the crime;
(c) [He]
The person is unaware of the criminal nature of the conduct in question
or of the defendant's criminal intent; or
(d) [He]
The person does not have the state of mind sufficient for the commission
of the offense in question."
SECTION 13. Section 705-520, Hawaii Revised Statutes, is amended to read as follows:
"§705-520 Criminal conspiracy. A person is guilty of criminal conspiracy if, with intent to promote or facilitate the commission of a crime:
(1) [He]
The person agrees with one or more persons that they or one or more of
them will engage in or solicit the conduct or will cause or solicit the result
specified by the definition of the offense; and
(2) [He]
The person or another person with whom [he conspired] the person
conspires commits an overt act in pursuance of the conspiracy."
SECTION 14. Section 705-521, Hawaii Revised Statutes, is amended to read as follows:
"§705-521 Scope of conspiratorial relationship. If a person guilty of criminal conspiracy, as
defined in section 705‑520, knows that a person with whom [he] the
person conspires to commit a crime has conspired with another person or
persons to commit the same crime, [he] the person is guilty of
conspiring to commit the crime with [such] the other person or
persons, regardless of whether [or not he] the person
knows [their] the identity[.] or identities of the
other person or persons."
SECTION 15. Section 705-523, Hawaii Revised Statutes, is amended by amending subsections (1) and (2) to read as follows:
"(1)
A person shall not be liable under section 705-520 for criminal
conspiracy if, under sections 702-224(1) and (2) and 702-225(1) [he],
the person would not be legally accountable for the conduct of the other
person.
(2)
It [is] shall not be a defense to a prosecution
under section 705-520 that a person with whom the defendant conspires could not
be guilty of committing the crime because:
(a) [He]
The person is, by definition of the offense, legally incapable in an
individual capacity of committing the offense;
(b) [He]
The person is penally irresponsible or has an immunity to prosecution or
conviction for the commission of the crime;
(c) [He]
The person is unaware of the criminal nature of the conduct in question
or of the defendant's criminal intent; or
(d) [He]
The person does not have the state of mind sufficient for the commission
of the offense in question."
PART V
SECTION 16. The purpose of this part is to amend chapter 706, Hawaii Revised Statutes, regarding the disposition of convicted defendants.
SECTION 17. Section 706-623, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
"(1) When the court has sentenced a defendant to be placed on probation, the period of probation shall be as follows, unless the court enters the reason therefor on the record and sentences the defendant to a shorter period of probation:
(a) Ten years upon conviction of a class A felony;
(b) Five years upon conviction
of a class B or class C felony under part II, V, or VI of chapter 707, chapter 709,
and part I of chapter 712 [and four];
(c) Four years
upon conviction of any other class B [or C] felony[;], a class
C felony under part III, IV, or VII of chapter 707, and a class C felony under
part XIII of chapter 708;
(d) Three years upon conviction of any other class C felony;
[(c)] (e) One year upon conviction of a misdemeanor; [except]
provided that, upon a conviction under section 586-4, 586-11, [or]
709-906, or 712- , the court may sentence the defendant
to a period of probation not exceeding two years; or
[(d)] (f) Six months upon conviction of a petty
misdemeanor; provided that up to one year may be imposed upon a finding of good
cause; [except] provided further that, upon a conviction under section
709-906, the court may sentence the defendant to a period of probation not exceeding
one year.
The court, on application of a probation
officer, on application of the defendant, or on its own motion, may discharge the
defendant at any time. [Prior to the
court] Before granting an early discharge, the defendant's probation officer shall [be required to]
report to the court [concerning] regarding the defendant's compliance
or [non-compliance] noncompliance with the conditions of the defendant's
probation, and the court shall afford the prosecuting
attorney an opportunity to be heard. The
terms of probation provided in this part, other than in this section, shall not
apply to sentences of probation imposed under section 706-606.3."
PART VI
SECTION 18. The purpose of this part is to amend chapter 709, Hawaii Revised Statutes, regarding offenses against the family and against incompetents.
SECTION 19. Section 709-906, Hawaii Revised Statutes, is amended by amending subsection (19) to read as follows:
"(19) For the purposes of this section:
"Business day" means any calendar day, except Saturday, Sunday, or any state holiday.
"Family or household member":
(a) Means spouses or reciprocal beneficiaries, former spouses or reciprocal beneficiaries, persons in a dating relationship as defined under section 586-1, persons who have a child in common, parents, children, persons related by consanguinity, and persons jointly residing or formerly residing in the same dwelling unit; and
(b) Does not include those who are, or were, adult roommates or cohabitants only by virtue of an economic or contractual affiliation.
"Physically abuse" means to engage in conduct that injures, hurts, or damages a person's body."
PART VII
SECTION 20. The purpose of this part is to amend chapter 710, Hawaii Revised Statutes, regarding offenses against public administration.
SECTION 21. Section 710-1012, Hawaii Revised Statutes, is amended to read as follows:
"§710-1012 [Refusing to assist in fire control.] Disobeying
an order or regulation relating to the conduct of persons in the vicinity of a
fire. (1) A person commits the offense of [refusing
to assist in fire control] disobeying an order
or regulation relating to the conduct
of persons in the vicinity
of a fire when[:
(a) Upon a reasonable command by a person known
to him to be a firefighter, he intentionally refuses to aid in extinguishing a
fire or in protecting property at the scene of a fire; or
(b) Upon]
upon
command by a person known to [him] the person to be a firefighter
[or], law enforcement officer, [he intentionally] emergency
medical services personnel, or emergency medical technician, the person
knowingly disobeys an order or regulation relating to the conduct of
persons in the vicinity of a fire.
(2)
["Firefighter"] For the purposes of this section,
"firefighter" means any officer of a fire department or any other
person vested by law with the duty to extinguish fires.
(3)
[Refusing to assist in fire control] Disobeying an order or
regulation relating to the conduct of persons in the vicinity of a fire is
a petty misdemeanor.
[(4)
A person who complies with this section by assisting in fire control
shall not be held liable to any person for damages resulting therefrom,
provided he acted reasonably under the circumstances known to him at the time.]"
SECTION 22. Section 710-1021, Hawaii Revised Statutes, is amended to read as follows:
"§710-1021 Escape in the second degree. (1) A person commits the offense of escape in the second degree if the person intentionally escapes from a correctional or detention facility or from custody.
(2) Escape in the second degree is a class C felony.
(3) Notwithstanding subsection (2), if the offense was committed by a person under the custody of the director of health solely pursuant to section 704-421(1) for a petty misdemeanor not involving violence or attempted violence, it shall be a petty misdemeanor; provided that this subsection shall not apply if the person is arrested for a new felony offense in the course of the escape or during the pendency of the escape."
SECTION 23. Section 710-1011, Hawaii Revised Statutes, is repealed.
["§710-1011 Refusing to aid a law enforcement officer. (1) A
person commits the offense of refusing to aid a law enforcement officer when,
upon a reasonable command by a person known to him to be a law enforcement
officer, he intentionally refuses or fails to aid such law enforcement officer,
in:
(a) Effectuating or securing an arrest; or
(b) Preventing the commission by another of any
offense.
(2)
Refusing to aid a law enforcement officer is a petty misdemeanor.
(3)
A person who complies with this section by aiding a law enforcement
officer shall not be held liable to any person for damages resulting therefrom,
provided he acted reasonably under the circumstances known to him at the time."]
PART VIII
SECTION 24. The purpose of this part is to amend chapter 711, Hawaii Revised Statutes, regarding offenses against public order.
SECTION 25. Chapter 711, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:
"§711- Consenting to unreasonable noise on premises. A renter, resident, owner-occupant, or other person responsible for a premises who intentionally, knowingly, recklessly, or negligently allows another person to make unreasonable noise on the premises shall be guilty of a violation. It shall not be a defense to this section that verbal or written orders to desist were given to the person making unreasonable noise, without pursuing any further consequences upon the person making unreasonable noise, if the unreasonable noise persists thereafter."
SECTION 26. Section 711-1100, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:
""Make unreasonable noise" means to make noise that:
(1) Considering the nature and purpose of the person's conduct and the circumstances known to the person, including the nature of the location and the time of the day or night, involves a gross deviation from the standard of conduct that a law-abiding citizen would follow in the same situation; or
(2) Fails to heed the admonition of a police officer that the noise is unreasonable and should be stopped or reduced."
SECTION 27. Section 711-1101, Hawaii Revised Statutes, is amended by amending subsections (2) and (3) to read as follows:
"(2)
[Noise is unreasonable, within the meaning of subsection (1)(b), if
considering the nature and purpose of the person's conduct and the
circumstances known to the person, including the nature of the location and the
time of the day or night, the person's conduct involves a gross deviation from
the standard of conduct that a law-abiding citizen would follow in the same
situation; or the failure to heed the admonition of a police officer that the
noise is unreasonable and should be stopped or reduced.
The renter, resident, or owner-occupant
of the premises who knowingly or negligently consents to unreasonable noise on
the premises shall be guilty of a noise violation.] Except as provided
in subsection (3), disorderly conduct is a violation.
(3)
Disorderly conduct is a petty misdemeanor if it is the defendant's
intention to cause substantial harm or serious inconvenience, or if the
defendant persists in disorderly conduct after reasonable warning or request to
desist. [Otherwise disorderly conduct
is a violation.]"
PART IX
SECTION 28. The purpose of this part is to amend chapter 712, Hawaii Revised Statutes, regarding offenses against public health and morals.
SECTION 29. Chapter 712, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows:
"§712- Possessing a dangerous drug in the second degree. (1) A person commits the offense of possessing a dangerous drug in the second degree if the person knowingly possesses any dangerous drug in any amount.
(2) Possessing a dangerous drug in the second degree is a misdemeanor.
(3) Whenever a court sentences a person, grants a motion for deferral, or grants a conditional discharge, the court shall also require that the person complete a substance abuse assessment. The court may require the person to participate in treatment at an appropriate level, as recommended by the assessment.
(4) For a third or any subsequent conviction within five years of a second or subsequent conviction, the sentence shall be six months incarceration as a term and condition of probation with early release to a substance abuse treatment program or up to one year incarceration."
SECTION 30. Section 712-1243, Hawaii Revised Statutes, is amended to read as follows:
"§712-1243 [Promoting]
Possessing a dangerous drug in the [third] first degree. (1) A
person commits the offense of [promoting] possessing a dangerous
drug in the [third] first degree if the person knowingly
possesses [any dangerous drug in any amount.]:
(a) Three to twenty-four capsules, tablets, ampules, dosage units, or syrettes, containing one or more dangerous drugs; or
(b) One or more preparations, compounds, mixtures, or substances of an aggregate weight of:
(i) 0.5 grams up to 3.53 grams containing methamphetamine, heroin, morphine, cocaine, or fentanyl or any of their respective salts, isomers, and salts of isomers; or
(ii) 2.0 grams up to 6.99 grams containing any dangerous drug.
(2) [Promoting] Possessing a
dangerous drug in the [third] first degree is a class C felony."
SECTION 31. Section 712-1255, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
"(1)
Whenever any person who has not previously been convicted of any offense
under this chapter or chapter 329 or under any statute of the United States or
of any state relating to a dangerous drug, harmful drug, detrimental drug, or
an intoxicating compound, pleads guilty to or is found guilty of promoting or
possessing a dangerous drug, harmful drug, detrimental drug, or an
intoxicating compound under section 712‑1243, 712-1245, 712‑1246,
712-1248, 712-1249, [or] 712‑1250, or 712- ,
the court, without entering a judgment of guilt and with the consent of the
accused, may defer further proceedings and place the accused on probation upon
terms and conditions. Upon violation of
a term or condition, the court may enter an adjudication of guilt and proceed
as otherwise provided."
PART X
SECTION 32. The purpose of this part is to amend chapter 804, Hawaii Revised Statutes, regarding bail and bonds.
SECTION 33. Section 804-7, Hawaii Revised Statutes, is amended to read as follows:
"§804-7 Release after bail. The judiciary, in consultation with the department of corrections and rehabilitation and the department of the attorney general, shall establish, on or before July 1, 2027, and administer a statewide program that permits the posting of monetary bail seven‑days‑a‑week for defendants who remain in the custody of the director of corrections and rehabilitation. This program shall be made available to any defendant for whom a monetary amount of bail has been set by the police, other law enforcement agency, or the court. The judiciary may contract with a single vendor to administer the program. The vendor may charge users of the program a service fee. Upon posting of bail, the defendant shall be released from custody forthwith."
SECTION 34. Section 804-7.1, Hawaii Revised Statutes, is amended to read as follows:
"§804-7.1 Conditions of release on bail, recognizance, or supervised release. Upon a showing that there exists a danger that the defendant will commit a serious crime or will seek to intimidate witnesses, or will otherwise unlawfully interfere with the orderly administration of justice, the judicial officer named in section 804-5 may deny the defendant's release on bail, recognizance, or supervised release.
Upon the defendant's release on bail,
recognizance, or supervised release, [however,] the court may enter an
order:
(1) Prohibiting the defendant from
approaching or communicating with particular persons or classes of persons[,
except]; provided that no such order should be deemed to prohibit
any lawful and ethical activity of defendant's counsel;
(2) Prohibiting the defendant from going to certain described geographical areas or premises;
(3) Prohibiting the defendant from possessing any dangerous weapon, engaging in certain described activities, or indulging in intoxicating liquors or certain drugs;
(4) Requiring the defendant to report regularly to and remain under the supervision of an officer of the court;
(5) Requiring the defendant to maintain employment, or, if unemployed, to actively seek employment, or attend an educational or vocational institution;
(6) Requiring the defendant to comply with a specified curfew;
(7) Requiring the defendant to seek and maintain mental health treatment or testing, including treatment for drug or alcohol dependency, or to remain in a specified institution for that purpose;
(8) Requiring the defendant to remain in the jurisdiction of the judicial circuit in which the charges are pending unless approval is obtained from a court of competent jurisdiction to leave the jurisdiction of the court;
(9) Requiring the defendant to submit to the use of electronic monitoring and surveillance;
(10) Requiring the confinement of the defendant in the defendant's residence;
(11) Requiring the defendant to satisfy any other condition reasonably necessary to ensure the appearance of the defendant as required and to ensure the safety of any other person or community; or
(12) Imposing any combination of conditions listed above;
provided
that the court shall impose the least restrictive [non‑financial] nonfinancial
conditions required to ensure the defendant's appearance and to protect the
public. Unless specifically required
by another statute, to the extent the conditions of release require electronic
monitoring and surveillance, the department of corrections and rehabilitation
shall be responsible for the cost, and the defendant shall not be charged;
provided that the department may seek reimbursement from the defendant or file
a claim or complaint for lost equipment or damages to the equipment. The department's responsibilities regarding
electronic monitoring and surveillance shall be subject to legislative
appropriations specifically for this purpose.
The judicial officer may revoke a defendant's bail upon proof that the defendant has breached any of the conditions imposed."
PART XI
SECTION 35. The purpose of this part is to ensure that the amendments made to section 709-906(19), Hawaii Revised Statutes, by section 19 of this Act are not made moot before the amendments can take effect.
SECTION 36. Act 19, Session Laws of Hawaii 2020, is amended by amending section 15 to read as follows:
"SECTION 15. This Act shall take effect on January 1,
2021; provided that sections 2[, 3,] and 4 shall be repealed on June 30,
2026; provided further that sections 706-623[, 709-906,] and 853-4,
Hawaii Revised Statutes, shall be reenacted in the form in which they read on
the day prior to the effective date of this Act."
SECTION 37. Act 238, Session Laws of Hawaii 2021, is amended by amending section 4 to read as follows:
"SECTION 4. This Act shall take effect upon its approval;
provided that section 1 shall be repealed on June 30, 2026; provided further
that section 709-906, Hawaii Revised Statutes, shall be reenacted in the form
in which it read on [December 31, 2020.] the day prior to the
effective date of this Act."
SECTION 38. Act 23, Session Laws of Hawaii 2023, as amended by Act 178, Session of Hawaii 2024, is amended by amending section 7 to read as follows:
"SECTION 7. This Act shall take effect upon its approval;
provided that the amendments made to section 709-906, Hawaii Revised Statutes,
by section 4 of this Act shall not be repealed when that section is reenacted
on June 30, 2026, pursuant to[:
(1) Section
15 of Act 19, Session Laws of Hawaii 2020; and
(2) Section]
section 4 of Act 238, Session Laws of Hawaii 2021."
PART XII
SECTION 39. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 40. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 41. This Act shall take effect on September 1, 2026; provided that:
(1) Section 17 and part XI shall take effect on June 29, 2026; provided further that the amendments made to section 706-623(1), Hawaii Revised Statutes, by section 17 of this Act shall not be repealed when that section is reenacted on June 30, 2026, pursuant to section 15 of Act 19, Session Laws of Hawaii 2020; and
(2) The amendments made to section 709-906(19), Hawaii Revised Statutes, by section 19 of this Act shall not be repealed when that section is reenacted on June 30, 2026, pursuant to section 4 of Act 238, Session Laws of Hawaii 2021.
Report Title:
Hawaii Penal Code; Advisory Committee Recommendations; Implementation
Description:
Implements recommendations from the 2025 Advisory Committee on Penal Code Review, established pursuant to Act 245, SLH 2024, to amend the Hawaii Penal Code. Effective 9/1/2026. (CD1)
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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THE SENATE |
S.B. NO. |
2721 |
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THIRTY-THIRD LEGISLATURE, 2026 |
S.D. 1 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
RELATING TO THE ADMINISTRATION OF JUSTICE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Act 245, Session Laws of Hawaii 2024, requested the judicial council to appoint an advisory committee to review and recommend revisions to the Hawaii Penal Code. In particular, the requested review was to ensure:
(1) That the Hawaii Penal Code is consistent and proportional across the various types and classes of offenses;
(2) That the Hawaii Penal Code is aligned with national best practices and based upon evidence-based strategies;
(3) That grades and punishment are appropriate and proportionate to other sentences imposed for criminal or civil offenses and are cost-effective in deterring crime, reducing recidivism, and providing restitution to victims in a manner that provides equal justice and punishment regardless of socioeconomic class or ethnicity;
(4) That the response of the criminal justice system to mentally ill offenders is appropriate to the situation; and
(5) The continued force, effectiveness, and enforcement of the Hawaii Penal Code.
Accordingly, the judicial council convened an advisory committee on penal code review comprising sixty-one members, including sixteen judges representing all courts and all four judicial circuits; the chair of the senate committee on judiciary; the chair of the house committee on judiciary and Hawaiian affairs; a representative from the department of the attorney general; the director of the department of corrections and rehabilitation; a representative from the department of health; prosecuting attorneys or their representatives for all four counties; the public defender; representatives from Honolulu and Maui police departments; a representative of the office of Hawaiian affairs; a member of the judicial council; representatives of the criminal defense bar; crime victim advocates; and community advocates.
Eight subcommittees were formed, and each subcommittee convened numerous times to consider and prepare proposed revisions to designated parts of the Penal Code and to related statutes outside the Penal Code, for submission to the entire advisory committee. The advisory committee on penal code review met in plenary session nine times between November 1, 2024, and October 31, 2025, and recommended statutory changes that are reflected in the legislation proposed by this Act.
The purpose of this Act is to amend various chapters of the Hawaii Penal Code, and related statutes outside the Penal Code, pursuant to the recommendations of the advisory committee on penal code review.
PART II
SECTION 2. The purpose of this part is to amend chapter 701, Hawaii Revised Statutes, regarding preliminary provisions of the Hawaii Penal Code.
SECTION 3. Section 701-107, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:
"(2)
A crime is a felony if it is so designated in this Code or in a
statute other than this Code enacted subsequent thereto, or if persons
convicted thereof may be sentenced to imprisonment for a term [which] that
is in excess of one year."
SECTION 4. Section 701-108, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:
"(2) Except as otherwise provided in this section, prosecutions for other offenses are subject to the following periods of limitation:
(a) A prosecution for manslaughter where the death was not caused by the operation of a motor vehicle must be commenced within ten years after it is committed;
(b) A prosecution for a class A felony must be commenced within six years after it is committed;
(c) A prosecution for any felony under part IX of chapter 708 must be commenced within five years after it is committed;
(d) A prosecution for any other felony must be commenced within three years after it is committed;
(e) A prosecution for a misdemeanor [or
parking violation] must be commenced within two years after it is
committed; and
(f) A prosecution for a petty misdemeanor
or a violation [other than], including a parking violation,
must be commenced within one year after it is committed."
SECTION 5. Section 701-116, Hawaii Revised Statutes, is amended to read as follows:
"§701-116 Proving applicability of the Code. When the application of the Code depends on
the finding of a fact [which] that is not required to be found
beyond a reasonable doubt:
(1) The
burden of proving the fact [is] shall be on the prosecution or
defendant, depending on whose interest or contention will be furthered if the
finding should be made; and
(2) [The]
Unless there is any authority to the contrary, the fact [must] shall
be proved by a preponderance of the evidence."
PART III
SECTION 6. The purpose of this part is to amend chapter 704, Hawaii Revised Statutes, regarding penal responsibility and fitness to proceed.
SECTION 7. Section 704-404, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (3) to read:
"(3) An examination performed under this section may employ any method that is accepted by the professions of medicine or psychology for the examination of those alleged to be affected by a physical or mental disease, disorder, or defect; provided that each examiner shall form and render an opinion upon the defendant's fitness to proceed independently from the other examiners, and the examiners, upon approval of the court, may secure the services of clinical psychologists and other medical or paramedical specialists to assist in the examination. The examination shall comply with the other provisions of this section and may be conducted utilizing telehealth, as that term is defined in section 453-1.3(j), at the request of the examiner. The department of health and the department of corrections and rehabilitation shall provide secure access to defendants in their custody for any examination requested to be conducted utilizing telehealth at facilities operated by those departments in which the defendants may be hospitalized or incarcerated."
2. By amending subsections (9) and (10) to read:
"(9)
The court shall obtain all existing relevant medical, mental health,
social, police, and juvenile records, including those expunged, and other
pertinent records in the custody of public agencies, notwithstanding any other
statute, and make the records available for inspection by the examiners in hard
copy or digital format. The court may
order that the records so obtained be made available to the prosecuting
attorney and counsel for the defendant in either format, subject to conditions
the court determines appropriate; provided that juvenile records shall not be
made available unless constitutionally required. [No further disclosure of records shall be
made except as permitted by law.]
If, pursuant to this section, the court orders the defendant committed
to a hospital or other suitable facility under the control of the director of
health, then the county police departments shall provide to the director of
health and the defendant copies of all police reports from cases filed against
the defendant that have been adjudicated by the acceptance of a plea of guilty
or no contest, a finding of guilt, acquittal, acquittal pursuant to section
704-400, or [by] the entry of plea of guilty or no contest made pursuant
to chapter 853; provided that the disclosure to the director of health and the
defendant does not frustrate a legitimate function of the county police
departments, with the exception of expunged records, records of or pertaining
to any adjudication or disposition rendered in the case of a juvenile, or
records containing data from the United States National Crime Information
Center. The county police departments
shall segregate or sanitize from the police reports information that would
result in the likely or actual identification of individuals who furnished
information in connection with its investigation, or who were of investigatory
interest. The department of health
and the department of corrections and rehabilitation may disclose all relevant
records between themselves regarding a defendant moved between departments. No further disclosure of records shall be
made except as provided by law.
(10)
[All] Within fourteen days of receipt of a court order,
excluding intermediate Saturdays, Sundays, or holidays designated pursuant to
section 8-1, or a longer time as the court may prescribe, all public
agencies, persons, or other entities in possession of relevant medical,
mental health, social, police, and juvenile records, including those
expunged, and any other pertinent records of a defendant ordered to be
examined under this chapter, shall provide those records to the court[,]
in accordance with the terms of the order, notwithstanding any other
state or federal statute[.] and without requiring a signed
consent from the defendant if the order so provides. An order may provide for a continuing
obligation to provide records to the court created or received by public
agencies, persons, or other entities after the initial provision of records to
the court. In addition, all public
agencies shall make records available to an appointed examiner for inspection
at locations where the defendant has been or is hospitalized or incarcerated
upon request and presentment of a court order authorizing the examiner to make
the inspection, notwithstanding any other state or federal statute and without
requiring a signed consent of the defendant if the order so provides."
SECTION 8. Section 704-406, Hawaii Revised Statutes, is amended to read as follows:
"§704-406 Effect of finding of unfitness to proceed and
regained fitness to proceed. (1) If the court determines that the defendant
lacks fitness to proceed, the proceeding against the defendant shall be
suspended, except as provided in sections 704-407 and 704-421, and the court
shall commit the defendant to the custody of the director of health to be
placed in an appropriate institution for detention, assessment, care, and
treatment; provided that:
(a) When the defendant is charged with a petty misdemeanor not involving violence or attempted violence, the defendant shall be diverted from the criminal justice system pursuant to section 704-421; and
(b) When the defendant is charged with a misdemeanor not involving violence or attempted violence, the commitment shall be limited to no longer than one hundred twenty days from the date the court determines the defendant lacks fitness to proceed.
If the
court is satisfied that the defendant may be released on conditions without
danger to the defendant or to another or risk of substantial danger to property
of others, the court shall order the defendant's release, which shall continue
at the discretion of the court, on conditions the court determines necessary;
provided that the release on conditions of a defendant charged with a
misdemeanor not involving violence or attempted violence shall continue for no
longer than one hundred twenty days. A
copy of all reports filed pursuant to section 704-404 shall be attached to the
order of commitment or order of release on conditions
that is provided to the department of health. When the defendant is committed to the
custody of the director of health for detention, assessment, care, and
treatment, the county police departments shall provide to the director of
health and the defendant copies of all police reports from cases filed against
the defendant that have been adjudicated by the acceptance of a plea of guilty
or nolo contendere, a finding of guilt, acquittal, acquittal pursuant to
section 704-400, or [by] the entry of a plea of guilty or nolo
contendere made pursuant to chapter 853; provided that the disclosure to the
director of health and the defendant does not frustrate a legitimate function
of the county police departments; provided further that expunged records,
records of or pertaining to any adjudication or disposition rendered in the
case of a juvenile, or records containing data from the United States National
Crime Information Center shall not be provided.
The county police departments shall segregate or sanitize from the
police reports information that would result in the likely or actual
identification of individuals who furnished information in connection with the
investigation or who were of investigatory interest. The department of health and the department
of corrections and rehabilitation may disclose all relevant records between
themselves regarding a defendant moved between departments. No further disclosure of records shall be
made except as provided by law.
(2) When the defendant is released on conditions after a finding of unfitness to proceed, the department of health shall establish and monitor a fitness restoration program consistent with conditions set by the court order of release, and shall inform the prosecuting attorney of the county that charged the defendant of the program and report the defendant's compliance therewith.
(3) The
department of health shall periodically report to the court on the defendant's
compliance with treatment and fitness restoration. When the court, on its own motion or upon the
application of the director of health, the prosecuting attorney, or the
defendant, [has reason to believe] determines, after a hearing if a
hearing is requested, that the defendant has regained fitness to proceed, the
penal proceeding shall be resumed. If
requested by the prosecuting attorney or the defendant, the court may appoint
one or more qualified examiners as set forth below to examine and report upon
the physical and mental condition of the defendant to assist the court in
making the determination of fitness. If
an examination is ordered for a defendant charged with the offense of
murder in the first or second degree, attempted murder in the first or second
degree, or a class A felony, the court shall appoint three qualified examiners
and may appoint in all other cases one qualified examiner[, to examine and
report upon the physical and mental condition of the defendant. In cases in which the defendant has been
charged with murder in the first or second degree, attempted murder in the
first or second degree, or a class A felony, the court shall appoint as
examiners at least one psychiatrist and at least one licensed
psychologist. The third examiner may be
a psychiatrist, licensed psychologist, or qualified physician]. [One] When appointing three
examiners, the court shall appoint psychiatrists, licensed psychologists, or
qualified physicians as examiners; provided that one of the three examiners
shall be a psychiatrist or licensed psychologist designated by the director of
health from within the department of health.
In all other cases, the one qualified examiner shall be a psychiatrist
or licensed psychologist designated by the director of health from within the
department of health. The court, in
appropriate circumstances, may appoint an additional examiner or examiners. All examiners shall be appointed from a list
of certified examiners as determined by the department of health. [After a hearing, if a hearing is
requested, if the court determines that the defendant has regained fitness to
proceed, the penal proceeding shall be resumed and the defendant shall no
longer be committed to the custody of the director of health. In cases where a defendant is charged with
the offense of murder in the first or second degree, attempted murder in the
first or second degree, or a class A felony, upon the request of the prosecuting
attorney or the defendant, and in consideration of information provided by the
defendant's clinical team, the court may order that the defendant remain in the
custody of the director of health, for good cause shown, subject to bail or
until a judgment on the verdict or a finding of guilt after a plea of guilty or
nolo contendere. Thereafter, the court
may consider a request from the director of health to rescind its order
maintaining the defendant in the director's custody, for good cause shown.] As used in this section, the term
"qualified physician" means a physician qualified by the court for
the specific evaluation ordered. If, [however,]
after a determination that the defendant has regained fitness, the court
is of the view that so much time has elapsed since the commitment or release on
conditions of the defendant that it would be unjust to resume the proceeding,
the court may dismiss the charge and:
(a) Order the defendant to be discharged;
(b) Subject to section 334-60.2 regarding involuntary hospitalization criteria, order the defendant to be committed to the custody of the director of health to be placed in an appropriate institution for detention, care, and treatment; or
(c) Subject to section 334-121 regarding assisted community treatment criteria, order the defendant to be released on conditions the court determines necessary.
(4) [An
examination for regained fitness to proceed performed under this section may
employ any method that is accepted by the professions of medicine or psychology
for the examination of those alleged to be affected by a physical or mental
disease, disorder, or defect, and shall include a review of records where the
defendant, while under the custody of the director of health, was placed;
provided that each examiner shall form and render an opinion on the defendant's
regained fitness to proceed independently from the other examiners and the
examiners, upon approval of the court, may secure the services of clinical
psychologists and other medical or paramedical specialists to assist in the
examination.] If an examination is ordered under subsection (3), the
examination and report and the compensation of persons making or assisting in
the examination shall be in accordance with section 704-404(3) and (5) to (11).
[(5)
The report of the examination for regained fitness to proceed shall
include the following:
(a) A description of the nature of the
examination;
(b) An opinion as to the defendant's
capacity to understand the proceedings against the defendant and to assist in
the defendant's own defense; and
(c) Where more than one examiner is
appointed, a statement that the opinion rendered was arrived at independently
of any other examiner, unless there is a showing to the court of a clear need
for communication between or among the examiners for clarification. A description of the communication shall be
included in the report. After all
reports are submitted to the court, examiners may confer without restriction.
(6)
All other procedures as set out in section 704-404(6) through (11) shall
be followed for the completion of the report of the examination for regained
fitness to proceed performed under this section.
(7)] (5) If a defendant who has either been
committed to the custody of the director of health for a limited period
pursuant to subsection [(1)] (1)(b) or released on conditions for a
limited period pursuant to subsection (1) is not found fit to proceed [prior
to] before the expiration of the commitment, the charge for which
the defendant was committed for a limited period shall be dismissed. Upon dismissal of the charge, the defendant
shall be released from custody or discharged from the release on conditions,
whichever is applicable, unless the defendant is subject to prosecution for
other charges or subject to section 334-60.2 regarding involuntary
hospitalization criteria, in which case the court shall order the defendant's
commitment to the custody of the director of health to be placed in an
appropriate institution for detention, care, and treatment. Within a reasonable time following any other
commitment or release on conditions under subsection (1), the director
of health shall report to the court on whether the defendant presents a
substantial likelihood of becoming fit to proceed in the future. The court, in addition, may appoint a panel
of three qualified examiners in felony cases or one qualified examiner in
nonfelony cases to make a report[.] as to whether the defendant
presents a substantial likelihood of becoming fit to proceed in the future. The examination and report shall comply with
subsections (3) and (4). If,
following the receipt of the report[,] or reports, and after a
hearing, if a hearing is requested, the court determines that the defendant
probably will remain unfit to proceed, the court may dismiss the charge and:
(a) Release the defendant; or
(b) Subject to section 334-60.2 regarding involuntary hospitalization criteria, order the defendant to be committed to the custody of the director of health to be placed in an appropriate institution for detention, care, and treatment.
[(8)
If a defendant released on conditions for a limited period pursuant to
subsection (1) is not found fit to proceed prior to the expiration of the
release on conditions order, the charge for which the defendant was released on
conditions for a limited period shall be dismissed. Upon dismissal of the charge, the defendant
shall be discharged from the release on conditions unless the defendant is
subject to prosecution for other charges or subject to section 334-60.2
regarding involuntary hospitalization criteria, in which case the court shall
order the defendant's commitment to the custody of the director of health to be
placed in an appropriate institution for detention, care, and treatment. Within a reasonable time following any other
release on conditions under subsection (1), the court shall appoint a panel of
three qualified examiners in felony cases or one qualified examiner in
nonfelony cases to report to the court on whether the defendant presents a
substantial likelihood of becoming fit to proceed in the future. If, following the report, the court
determines that the defendant probably will remain unfit to proceed, the court
may dismiss the charge and:
(a) Release the defendant; or
(b) Subject to section 334-60.2
regarding involuntary hospitalization criteria, order the defendant to be
committed to the custody of the director of health to be placed in an
appropriate institution for detention, care, and treatment.]"
SECTION 9. Section 704-407.5, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (3) to read:
"(3) An examination performed under this section may employ any method that is accepted by the professions of medicine or psychology for the examination of those alleged to be affected by a physical or mental disease, disorder, or defect; provided that each examiner shall form and render diagnoses and opinions upon the physical and mental condition of the defendant independently from the other examiners, and the examiners, upon approval of the court, may secure the services of clinical psychologists and other medical or paramedical specialists to assist in the examination and diagnosis. The examination shall comply with the other provisions of this section and may be conducted utilizing telehealth, as that term is defined in section 453-1.3(j), at the request of the examiner. The department of health and the department of corrections and rehabilitation shall provide secure access to defendants in their custody for any examination requested to be conducted utilizing telehealth."
2. By amending subsections (10) and (11) to read:
"(10) The court shall obtain all existing relevant medical, mental health, social, police, and juvenile records, including those expunged, and other pertinent records in the custody of public agencies, notwithstanding any other statute, and make the records available for inspection by the examiners in hard copy or digital format. The court may order that the records so obtained be made available to the prosecuting attorney and counsel for the defendant in either format, subject to conditions the court determines appropriate; provided that juvenile records shall not be made available unless constitutionally required. The department of health and the department of corrections and rehabilitation may disclose all relevant records between themselves regarding a defendant moved between departments. No further disclosure of records shall be made except as permitted by law.
(11) [All] Within fourteen days of
receipt of a court order, excluding intermediate Saturdays, Sundays, or
holidays designated pursuant to section 8-1, or a longer time as the court may
prescribe, all public agencies, persons, or other entities in
possession of relevant medical, mental health, social, police, and juvenile
records, including those expunged, and any other pertinent records of a
defendant ordered to be examined under this chapter, shall provide those
records to the court[,] in accordance with the terms of the order,
notwithstanding any other state or federal statute[.] and
without requiring a signed consent from the defendant if the order so provides. An order may provide for a continuing
obligation to provide records to the court created or received by public
agencies, persons, or other entities after the initial provision of records to
the court. In addition, all public
agencies shall make records available to an appointed examiner for inspection
at the location where the records are maintained upon request and presentment
of a court order authorizing the examiner to make the inspection,
notwithstanding any other state or federal statute and without requiring a
signed consent from the defendant if the order so provides."
PART IV
SECTION 10. The purpose of this part is to amend chapter 705, Hawaii Revised Statutes, regarding inchoate crimes.
SECTION 11. Section 705-501, Hawaii Revised Statutes, is amended to read as follows:
"§705-501 Criminal attempt; attempting to aid another. (1) A
person who engages in conduct intended to aid another to commit a crime is
guilty of an attempt to commit the crime, [although] even though
the crime is not committed or attempted by the other person, [provided his]
if the person's conduct would establish [his] the person's
complicity under sections 702-222 through 702-226 [if] had the
crime [were] been committed or attempted by the other person.
(2)
It [is] shall not be a defense to a prosecution
under this section that, under the circumstances, it was
impossible for the defendant to aid the other person in the commission of the
offense, [provided he] if the defendant could have done so had
the circumstances been as [he] the defendant believed them to
be."
SECTION 12. Section 705-511, Hawaii Revised Statutes, is amended by amending subsections (1) and (2) to read as follows:
"(1)
A person shall not be liable under section 705-510 for criminal
solicitation of another if under sections 702‑224(1) and (2) and
702-225(1) [he] the person would not be legally accountable for
the conduct of the other person.
(2)
It [is] shall not be a defense to a prosecution
under section 705-510 that the person solicited could not be guilty of
committing the crime because:
(a) [He]
The person is, by definition of the offense, legally incapable in an
individual capacity of committing the offense solicited;
(b) [He]
The person is penally irresponsible or has an immunity to prosecution or
conviction for the commission of the crime;
(c) [He]
The person is unaware of the criminal nature of the conduct in question
or of the defendant's criminal intent; or
(d) [He]
The person does not have the state of mind sufficient for the commission
of the offense in question."
SECTION 13. Section 705-520, Hawaii Revised Statutes, is amended to read as follows:
"§705-520 Criminal conspiracy. A person is guilty of criminal conspiracy if, with intent to promote or facilitate the commission of a crime:
(1) [He]
The person agrees with one or more persons that they or one or more of
them will engage in or solicit the conduct or will cause or solicit the result
specified by the definition of the offense; and
(2) [He]
The person or another person with whom [he conspired] the person
conspires commits an overt act in pursuance of the conspiracy."
SECTION 14. Section 705-521, Hawaii Revised Statutes, is amended to read as follows:
"§705-521 Scope of conspiratorial relationship. If a person guilty of criminal conspiracy, as
defined in section 705‑520, knows that a person with whom [he] the
person conspires to commit a crime has conspired with another person or
persons to commit the same crime, [he] the person is guilty of
conspiring to commit the crime with [such] the other person or
persons, regardless of whether [or not he] the person
knows [their] the identity[.] or identities of the
other person or persons."
SECTION 15. Section 705-523, Hawaii Revised Statutes, is amended by amending subsections (1) and (2) to read as follows:
"(1)
A person shall not be liable under section 705-520 for criminal
conspiracy if, under sections 702-224(1) and (2) and 702-225(1) [he],
the person would not be legally accountable for the conduct of the other
person.
(2)
It [is] shall not be a defense to a prosecution
under section 705-520 that a person with whom the defendant conspires could not
be guilty of committing the crime because:
(a) [He]
The person is, by definition of the offense, legally incapable in an
individual capacity of committing the offense;
(b) [He]
The person is penally irresponsible or has an immunity to prosecution or
conviction for the commission of the crime;
(c) [He]
The person is unaware of the criminal nature of the conduct in question
or of the defendant's criminal intent; or
(d) [He]
The person does not have the state of mind sufficient for the commission
of the offense in question."
PART V
SECTION 16. The purpose of this part is to amend chapter 706, Hawaii Revised Statutes, regarding the disposition of convicted defendants.
SECTION 17. Section 706-623, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
"(1) When the court has sentenced a defendant to be placed on probation, the period of probation shall be as follows, unless the court enters the reason therefor on the record and sentences the defendant to a shorter period of probation:
(a) Ten years upon conviction of a class A felony;
(b) Five years upon conviction
of a class B or class C felony under part II, V, or VI of chapter 707, chapter 709,
and part I of chapter 712 [and four];
(c) Four years
upon conviction of any other class B [or C] felony[;], a class
C felony under part III, IV, or VII of chapter 707, and a class C felony under
part XIII of chapter 708;
(d) Three years upon conviction of any other class C felony;
[(c)] (e) One year upon conviction of a misdemeanor; [except]
provided that, upon a conviction under section 586-4, 586-11, [or]
709-906, or 712- , the court may sentence the defendant
to a period of probation not exceeding two years; or
[(d)] (f) Six months upon conviction of a petty
misdemeanor; provided that up to one year may be imposed upon a finding of good
cause; [except] provided further that, upon a conviction under section
709-906, the court may sentence the defendant to a period of probation not exceeding
one year.
The court, on application of a probation
officer, on application of the defendant, or on its own motion, may discharge the
defendant at any time. [Prior to the
court] Before granting an early discharge, the defendant's probation officer shall [be required to]
report to the court [concerning] regarding the defendant's compliance
or [non-compliance] noncompliance with the conditions of the defendant's
probation, and the court shall afford the prosecuting
attorney an opportunity to be heard. The
terms of probation provided in this part, other than in this section, shall not
apply to sentences of probation imposed under section 706-606.3."
PART VI
SECTION 18. The purpose of this part is to amend chapter 709, Hawaii Revised Statutes, regarding offenses against the family and against incompetents.
SECTION 19. Section 709-906, Hawaii Revised Statutes, is amended by amending subsection (19) to read as follows:
"(19) For the purposes of this section:
"Business day" means any calendar day, except Saturday, Sunday, or any state holiday.
"Family or household member":
(a) Means spouses or reciprocal beneficiaries, former spouses or reciprocal beneficiaries, persons in a dating relationship as defined under section 586-1, persons who have a child in common, parents, children, persons related by consanguinity, and persons jointly residing or formerly residing in the same dwelling unit; and
(b) Does not include those who are, or were, adult roommates or cohabitants only by virtue of an economic or contractual affiliation.
"Physically abuse" means to engage in conduct that injures, hurts, or damages a person's body."
PART VII
SECTION 20. The purpose of this part is to amend chapter 710, Hawaii Revised Statutes, regarding offenses against public administration.
SECTION 21. Section 710-1012, Hawaii Revised Statutes, is amended to read as follows:
"§710-1012 [Refusing to assist in fire control.] Disobeying an order or regulation relating
to the conduct of persons in the vicinity of a fire. (1) A
person commits the offense of [refusing to assist in fire control] disobeying an order or regulation relating
to the conduct of persons
in the vicinity of a fire
when[:
(a) Upon a reasonable command by a person known
to him to be a firefighter, he intentionally refuses to aid in extinguishing a
fire or in protecting property at the scene of a fire; or
(b) Upon]
upon
command by a person known to [him] the person to be a firefighter
[or], law enforcement officer, [he intentionally] emergency
medical services personnel, or emergency medical technician, the person
knowingly disobeys an order or regulation relating to the conduct of
persons in the vicinity of a fire.
(2) ["Firefighter"]
For the purposes of this section, "firefighter" means any
officer of a fire department or any other person vested by law with the duty to
extinguish fires.
(3)
[Refusing to assist in fire control] Disobeying an order or
regulation relating to the conduct of persons in the vicinity of a fire is
a petty misdemeanor.
[(4)
A person who complies with this section by assisting in fire control
shall not be held liable to any person for damages resulting therefrom,
provided he acted reasonably under the circumstances known to him at the time.]"
SECTION 22. Section 710-1021, Hawaii Revised Statutes, is amended to read as follows:
"§710-1021 Escape in the second degree. (1) A person commits the offense of escape in the second degree if the person intentionally escapes from a correctional or detention facility or from custody.
(2) Escape in the second degree is a class C felony.
(3) Notwithstanding subsection (2), if the offense was committed by a person under the custody of the director of health solely pursuant to section 704-421(1) for a petty misdemeanor not involving violence or attempted violence, it shall be a petty misdemeanor; provided that this subsection shall not apply if the person is arrested for a new felony offense in the course of the escape or during the pendency of the escape."
SECTION 23. Section 710-1011, Hawaii Revised Statutes, is repealed.
["§710-1011 Refusing to aid a law enforcement officer. (1) A
person commits the offense of refusing to aid a law enforcement officer when,
upon a reasonable command by a person known to him to be a law enforcement
officer, he intentionally refuses or fails to aid such law enforcement officer,
in:
(a) Effectuating or securing an arrest; or
(b) Preventing the commission by another of any
offense.
(2)
Refusing to aid a law enforcement officer is a petty misdemeanor.
(3)
A person who complies with this section by aiding a law enforcement
officer shall not be held liable to any person for damages resulting therefrom,
provided he acted reasonably under the circumstances known to him at the time."]
PART VIII
SECTION 24. The purpose of this part is to amend chapter 711, Hawaii Revised Statutes, regarding offenses against public order.
SECTION 25. Chapter 711, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:
"§711- Consenting to unreasonable noise on premises. A renter, resident, owner-occupant, or other person responsible for a premises who intentionally, knowingly, recklessly, or negligently allows another person to make unreasonable noise on the premises shall be guilty of a violation. It shall not be a defense to this section that verbal or written orders to desist were given to the person making unreasonable noise, without pursuing any further consequences upon the person making unreasonable noise, if the unreasonable noise persists thereafter."
SECTION 26. Section 711-1100, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:
""Make unreasonable noise" means to make noise that:
(1) Considering the nature and purpose of the person's conduct and the circumstances known to the person, including the nature of the location and the time of the day or night, involves a gross deviation from the standard of conduct that a law-abiding citizen would follow in the same situation; or
(2) Fails to heed the admonition of a police officer that the noise is unreasonable and should be stopped or reduced."
SECTION 27. Section 711-1101, Hawaii Revised Statutes, is amended by amending subsections (2) and (3) to read as follows:
"(2)
[Noise is unreasonable, within the meaning of subsection (1)(b), if
considering the nature and purpose of the person's conduct and the
circumstances known to the person, including the nature of the location and the
time of the day or night, the person's conduct involves a gross deviation from
the standard of conduct that a law-abiding citizen would follow in the same
situation; or the failure to heed the admonition of a police officer that the
noise is unreasonable and should be stopped or reduced.
The renter, resident, or owner-occupant
of the premises who knowingly or negligently consents to unreasonable noise on
the premises shall be guilty of a noise violation.] Except as provided
in subsection (3), disorderly conduct is a violation.
(3)
Disorderly conduct is a petty misdemeanor if it is the defendant's
intention to cause substantial harm or serious inconvenience, or if the
defendant persists in disorderly conduct after reasonable warning or request to
desist. [Otherwise disorderly conduct
is a violation.]"
PART IX
SECTION 28. The purpose of this part is to amend chapter 712, Hawaii Revised Statutes, regarding offenses against public health and morals.
SECTION 29. Chapter 712, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows:
"§712- Possessing a dangerous drug in the second degree. (1) A person commits the offense of possessing a dangerous drug in the second degree if the person knowingly possesses any dangerous drug in any amount.
(2) Possessing a dangerous drug in the second degree is a misdemeanor.
(3) Whenever a court sentences a person, grants a motion for deferral, or grants a conditional discharge, the court shall also require that the person complete a substance abuse assessment. The court may require the person to participate in treatment at an appropriate level, as recommended by the assessment.
(4) For a third or any subsequent conviction within five years of a second or subsequent conviction, the sentence shall be six months incarceration as a term and condition of probation with early release to a substance abuse treatment program or up to one year incarceration."
SECTION 30. Section 712-1243, Hawaii Revised Statutes, is amended to read as follows:
"§712-1243 [Promoting]
Possessing a dangerous drug in the [third] first degree. (1) A
person commits the offense of [promoting] possessing a dangerous
drug in the [third] first degree if the person knowingly
possesses [any dangerous drug in any amount.]:
(a) Three to twenty-four capsules, tablets, ampules, dosage units, or syrettes, containing one or more dangerous drugs; or
(b) One or more preparations, compounds, mixtures, or substances of an aggregate weight of:
(i) 0.5 grams up to 3.53 grams containing methamphetamine, heroin, morphine, cocaine, or fentanyl or any of their respective salts, isomers, and salts of isomers; or
(ii) 2.0 grams up to 6.99 grams containing any dangerous drug.
(2) [Promoting] Possessing a
dangerous drug in the [third] first degree is a class C felony."
SECTION 31. Section 712-1255, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
"(1)
Whenever any person who has not previously been convicted of any offense
under this chapter or chapter 329 or under any statute of the United States or
of any state relating to a dangerous drug, harmful drug, detrimental drug, or
an intoxicating compound, pleads guilty to or is found guilty of promoting or
possessing a dangerous drug, harmful drug, detrimental drug, or an
intoxicating compound under section 712-1243, 712-1245, 712‑1246,
712-1248, 712-1249, [or] 712‑1250, or 712- ,
the court, without entering a judgment of guilt and with the consent of the
accused, may defer further proceedings and place the accused on probation upon
terms and conditions. Upon violation of
a term or condition, the court may enter an adjudication of guilt and proceed
as otherwise provided."
PART X
SECTION 32. The purpose of this part is to amend chapter 804, Hawaii Revised Statutes, regarding bail and bonds.
SECTION 33. Section 804-7, Hawaii Revised Statutes, is amended to read as follows:
"§804-7 Release after bail. The judiciary, in consultation with the department of corrections and rehabilitation and the department of the attorney general, shall establish, on or before , and administer a statewide program that permits the posting of monetary bail seven‑days‑a‑week for defendants who remain in the custody of the director of corrections and rehabilitation. This program shall be made available to any defendant for whom a monetary amount of bail has been set by the police, other law enforcement agency, or the court. The judiciary may contract with a single vendor to administer the program. The vendor may charge users of the program a service fee. Upon posting of bail, the defendant shall be released from custody forthwith."
SECTION 34. Section 804-7.1, Hawaii Revised Statutes, is amended to read as follows:
"§804-7.1 Conditions of release on bail, recognizance, or supervised release. Upon a showing that there exists a danger that the defendant will commit a serious crime or will seek to intimidate witnesses, or will otherwise unlawfully interfere with the orderly administration of justice, the judicial officer named in section 804-5 may deny the defendant's release on bail, recognizance, or supervised release.
Upon the defendant's release on bail,
recognizance, or supervised release, [however,] the court may enter an
order:
(1) Prohibiting the defendant from
approaching or communicating with particular persons or classes of persons[,
except]; provided that no such order should be deemed to prohibit
any lawful and ethical activity of defendant's counsel;
(2) Prohibiting the defendant from going to certain described geographical areas or premises;
(3) Prohibiting the defendant from possessing any dangerous weapon, engaging in certain described activities, or indulging in intoxicating liquors or certain drugs;
(4) Requiring the defendant to report regularly to and remain under the supervision of an officer of the court;
(5) Requiring the defendant to maintain employment, or, if unemployed, to actively seek employment, or attend an educational or vocational institution;
(6) Requiring the defendant to comply with a specified curfew;
(7) Requiring the defendant to seek and maintain mental health treatment or testing, including treatment for drug or alcohol dependency, or to remain in a specified institution for that purpose;
(8) Requiring the defendant to remain in the jurisdiction of the judicial circuit in which the charges are pending unless approval is obtained from a court of competent jurisdiction to leave the jurisdiction of the court;
(9) Requiring the defendant to submit to the use of electronic monitoring and surveillance;
(10) Requiring the confinement of the defendant in the defendant's residence;
(11) Requiring the defendant to satisfy any other condition reasonably necessary to ensure the appearance of the defendant as required and to ensure the safety of any other person or community; or
(12) Imposing any combination of conditions listed above;
provided
that the court shall impose the least restrictive [non‑financial] nonfinancial
conditions required to ensure the defendant's appearance and to protect the
public. Unless specifically required
by another statute, to the extent the conditions of release require electronic
monitoring and surveillance, the department of corrections and rehabilitation
shall be responsible for the cost, and the defendant shall not be charged;
provided that the department may seek reimbursement from the defendant or file
a claim or complaint for lost equipment or damages to the equipment. The department's responsibilities regarding
electronic monitoring and surveillance shall be subject to legislative
appropriations specifically for this purpose.
The judicial officer may revoke a defendant's bail upon proof that the defendant has breached any of the conditions imposed."
PART XI
SECTION 35. The purpose of this part is to ensure that the amendments made to section 709-906(19), Hawaii Revised Statutes, by section 19 of this Act are not made moot before the amendments can take effect.
SECTION 36. Act 19, Session Laws of Hawaii 2020, is amended by amending section 15 to read as follows:
"SECTION 15. This Act shall take effect on January 1,
2021; provided that sections 2[, 3,] and 4 shall be repealed on June 30,
2026; provided further that sections 706-623[, 709-906,] and 853-4,
Hawaii Revised Statutes, shall be reenacted in the form in which they read on
the day prior to the effective date of this Act."
SECTION 37. Act 238, Session Laws of Hawaii 2021, is amended by amending section 4 to read as follows:
"SECTION 4. This Act shall take effect upon its approval;
provided that section 1 shall be repealed on June 30, 2026; provided further
that section 709-906, Hawaii Revised Statutes, shall be reenacted in the form
in which it read on [December 31, 2020.] the day prior to the
effective date of this Act."
SECTION 38. Act 23, Session Laws of Hawaii 2023, as amended by Act 178, Session of Hawaii 2024, is amended by amending section 7 to read as follows:
"SECTION 7. This Act shall take effect upon its approval;
provided that the amendments made to section 709-906, Hawaii Revised Statutes,
by section 4 of this Act shall not be repealed when that section is reenacted
on June 30, 2026, pursuant to[:
(1) Section
15 of Act 19, Session Laws of Hawaii 2020; and
(2) Section]
section 4 of Act 238, Session Laws of Hawaii 2021."
PART XII
SECTION 39. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 40. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 41. This Act shall take effect on July 1, 3000; provided that:
(1) Section 17 and part XI shall take effect on June 29, 2026; provided further that the amendments made to section 706-623(1), Hawaii Revised Statutes, by section 17 of this Act shall not be repealed when that section is reenacted on June 30, 2026, pursuant to section 15 of Act 19, Session Laws of Hawaii 2020; and
(2) The amendments made to section 709-906(19), Hawaii Revised Statutes, by section 19 of this Act shall not be repealed when that section is reenacted on June 30, 2026, pursuant to section 4 of Act 238, Session Laws of Hawaii 2021.
Report Title:
Hawaii Penal Code; Advisory Committee Recommendations; Implementation
Description:
Implements recommendations from the 2025 Advisory Committee on Penal Code Review, established pursuant to Act 245, SLH 2024, to amend the Hawaii Penal Code. 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.
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THE SENATE |
S.B. NO. |
2721 |
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THIRTY-THIRD LEGISLATURE, 2026 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE ADMINISTRATION OF JUSTICE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Act 245, Session Laws of Hawaii 2024, requested the judicial council to appoint a committee to review and recommend revisions to the Hawaii Penal Code. In particular, the requested review was to ensure:
(1) That the Hawaii Penal Code is consistent and proportional across the various types and classes of offenses;
(2) That the Hawaii Penal Code is aligned with national best practices and based upon evidence-based strategies;
(3) That grades and punishment are appropriate and proportionate to other sentences imposed for criminal or civil offenses and are cost‑effective in deterring crime, reducing recidivism, and providing restitution to victims in a manner that provides equal justice and punishment regardless of socioeconomic class or ethnicity;
(4) That the response of the criminal justice system to mentally ill offenders is appropriate to the situation; and
(5) The continued force, effectiveness, and enforcement of the Hawaii Penal Code.
Accordingly, the judicial council convened a penal code review committee comprising sixty-one members, including sixteen judges representing all courts and all four judicial circuits; the chair of the senate committee on judiciary; the chair of the house judiciary and Hawaiian affairs committee; a representative from the department of the attorney general; the director of the department of corrections and rehabilitation; a representative from the department of health; prosecuting attorneys or their representatives for all four counties; the public defender; representatives from Honolulu and Maui police departments; a representative of the office of Hawaiian affairs; a member of the judicial council; representatives of the criminal defense bar; crime victim advocates; and community advocates.
Eight subcommittees were formed, and each subcommittee convened numerous times to consider and prepare proposed revisions to designated parts of the Penal Code and to related statutes outside the Penal Code, for submission to the entire committee. The penal code review committee met in plenary session nine times between November 1, 2024, and October 31, 2025, and recommended statutory changes that are reflected in the legislation proposed by this Act.
The purpose of this Act is to amend various chapters of the Hawaii Penal Code, and related statutes outside the Penal Code, pursuant to the recommendations of the Penal Code review committee.
PART II
SECTION 2. The purpose of this part is to amend chapter 701, Hawaii Revised Statutes, regarding preliminary provisions of the Hawaii Penal Code.
SECTION 3. Section 701-107, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:
"(2) A crime is a felony if it is so designated in this Code or in a statute other than this Code enacted subsequent thereto, or if persons convicted thereof may be sentenced to imprisonment for a term which is in excess of one year."
SECTION 4. Section 701-108, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:
"(2) Except as otherwise provided in this section, prosecutions for other offenses are subject to the following periods of limitation:
(a) A prosecution for manslaughter where the death was not caused by the operation of a motor vehicle must be commenced within ten years after it is committed;
(b) A prosecution for a class A felony must be commenced within six years after it is committed;
(c) A prosecution for any felony under part IX of chapter 708 must be commenced within five years after it is committed;
(d) A prosecution for any other felony must be commenced within three years after it is committed;
(e) A prosecution for a misdemeanor [or
parking violation] must be commenced within two years after it is
committed; and
(f) A prosecution for a petty misdemeanor
or a violation [other than] including a parking violation must be
commenced within one year after it is committed."
SECTION 5. Section 701-116, Hawaii Revised Statutes, is amended to read as follows:
"§701-116 Proving applicability of the Code. When the application of the Code depends on the finding of a fact which is not required to be found beyond a reasonable doubt:
(1) The burden of proving the fact is on the prosecution or defendant, depending on whose interest or contention will be furthered if the finding should be made; and
(2) [The]
Unless there is any authority to the contrary, the fact [must] shall
be proved by a preponderance of the evidence."
PART III
SECTION 6. The purpose of this part is to amend chapter 705, Hawaii Revised Statutes, regarding inchoate crimes.
SECTION 7. Section 705-501, Hawaii Revised Statutes, is amended to read as follows:
"§705-501 Criminal attempt; attempting to aid another. (1) A
person who engages in conduct intended to aid another to commit a crime is
guilty of an attempt to commit the crime, although the crime is not committed
or attempted by the other person, provided [his] the person's
conduct would establish [his] the person's complicity under
sections 702-222 through 702-226 if the crime were committed or attempted by
the other person.
(2)
It is not a defense to a prosecution under this section that under the
circumstances it was impossible for the defendant to aid the other person in
the commission of the offense, provided [he] the person could
have done so had the circumstances been as [he] the person
believed them to be."
SECTION 8. Section 705-511, Hawaii Revised Statutes, is amended by amending subsections (1) and (2) to read as follows:
"(1)
A person shall not be liable under section 705-510 for criminal
solicitation of another if under sections 702‑224(1) and (2) and
702-225(1) [he] the person would not be legally accountable for
the conduct of the other person.
(2) It is not a defense to a prosecution under section 705-510 that the person solicited could not be guilty of committing the crime because:
(a) [He]
The person is, by definition of the offense, legally incapable in an
individual capacity of committing the offense solicited;
(b) [He]
The person is penally irresponsible or has an immunity to prosecution or
conviction for the commission of the crime;
(c) [He]
The person is unaware of the criminal nature of the conduct in question
or of the defendant's criminal intent; or
(d) [He]
The person does not have the state of mind sufficient for the commission
of the offense in question."
SECTION 9. Section 705-520, Hawaii Revised Statutes, is amended to read as follows:
"§705-520 Criminal conspiracy. A person is guilty of criminal conspiracy if, with intent to promote or facilitate the commission of a crime:
(1) [He]
The person agrees with one or more persons that they or one or more of
them will engage in or solicit the conduct or will cause or solicit the result
specified by the definition of the offense; and
(2) [He]
The person or another person with whom [he conspired] the person
conspires commits an overt act in pursuance of the conspiracy."
SECTION 10. Section 705-521, Hawaii Revised Statutes, is amended to read as follows:
"§705-521 Scope of conspiratorial relationship. If a person guilty of criminal conspiracy, as
defined in section 705‑520, knows that a person with whom [he] the
person conspires to commit a crime has conspired with another person or
persons to commit the same crime, [he] the person is guilty of
conspiring to commit the crime with such other person or persons, whether or
not [he] the person knows [their] the identity[.]
or identities of the other person or persons."
SECTION 11. Section 705-523, Hawaii Revised Statutes, is amended by amending subsections (1) and (2) to read as follows:
"(1)
A person shall not be liable under section 705-520 for criminal
conspiracy if under sections 702-224(1) and (2) and 702-225(1) [he] the
person would not be legally accountable for the conduct of the other
person.
(2) It is not a defense to a prosecution under section 705-520 that a person with whom the defendant conspires could not be guilty of committing the crime because:
(a) [He]
The person is, by definition of the offense, legally incapable in an
individual capacity of committing the offense;
(b) [He]
The person is penally irresponsible or has an immunity to prosecution or
conviction for the commission of the crime;
(c) [He]
The person is unaware of the criminal nature of the conduct in question
or of the defendant's criminal intent; or
(d) [He]
The person does not have the state of mind sufficient for the commission
of the offense in question."
PART IV
SECTION 12. The purpose of this part is to amend chapter 704, Hawaii Revised Statutes, regarding penal responsibility and fitness to proceed.
SECTION 13. Section 704-404, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (3) to read:
"(3) An examination performed under this section may employ any method that is accepted by the professions of medicine or psychology for the examination of those alleged to be affected by a physical or mental disease, disorder, or defect; provided that each examiner shall form and render an opinion upon the defendant's fitness to proceed independently from the other examiners, and the examiners, upon approval of the court, may secure the services of clinical psychologists and other medical or paramedical specialists to assist in the examination. The examination shall comply with the other provisions of this section and may be conducted utilizing telehealth, as that term is defined in section 453-1.3(j), at the request of the examiner. The department of health and the department of corrections and rehabilitation shall provide secure access to defendants in their custody for any examination requested to be conducted utilizing telehealth."
2. By amending subsections (9) and (10) to read:
"(9)
The court shall obtain all existing relevant medical, mental health,
social, police, and juvenile records, including those expunged, and other
pertinent records in the custody of public agencies, notwithstanding any other
statute, and make the records available for inspection by the examiners in hard
copy or digital format. The court may
order that the records so obtained be made available to the prosecuting
attorney and counsel for the defendant in either format, subject to conditions
the court determines appropriate; provided that juvenile records shall not be
made available unless constitutionally required. [No further disclosure of records shall be
made except as permitted by law.]
If, pursuant to this section, the court orders the defendant committed
to a hospital or other suitable facility under the control of the director of
health, then the county police departments shall provide to the director of
health and the defendant copies of all police reports from cases filed against
the defendant that have been adjudicated by the acceptance of a plea of guilty
or no contest, a finding of guilt, acquittal, acquittal pursuant to section
704-400, or by the entry of plea of guilty or no contest made pursuant to
chapter 853; provided that the disclosure to the director of health and the
defendant does not frustrate a legitimate function of the county police
departments, with the exception of expunged records, records of or pertaining
to any adjudication or disposition rendered in the case of a juvenile, or
records containing data from the United States National Crime Information
Center. The county police departments
shall segregate or sanitize from the police reports information that would
result in the likely or actual identification of individuals who furnished
information in connection with its investigation, or who were of investigatory
interest. The department of
corrections and rehabilitation and the department of health may disclose all
relevant records between themselves regarding a defendant moved between
departments. No further disclosure
of records shall be made except as provided by law.
(10)
[All] Within fourteen days of receipt of a court order,
excluding intermediate Saturdays, Sundays, or holidays designated pursuant to
section 8-1, or a longer time as the court may prescribe, all public
agencies, persons, or other entities in possession of relevant medical,
mental health, social, police, and juvenile records, including those
expunged, and any other pertinent records of a defendant ordered to be
examined under this chapter, shall provide those records to the court[,]
in accordance with the terms of the order, notwithstanding any other
state statute[.] and without requiring a signed consent from the
defendant if the order so provides. An
order may provide for a continuing obligation to provide records to the court
created or received by public agencies, persons, or other entities after the
initial provision of records to the court. In addition, all public agencies shall make
records available to an appointed examiner for inspection at the location where
the records are maintained upon request and presentment of a court order
authorizing the examiner to make the inspection, notwithstanding any other
state statute and without requiring a signed consent of the defendant if the
order so provides."
SECTION 14. Section 704-406, Hawaii Revised Statutes, is amended to read as follows:
"§704-406 Effect of finding of unfitness to proceed and
regained fitness to proceed. (1) If the court determines that the defendant
lacks fitness to proceed, the proceeding against the defendant shall be suspended,
except as provided in sections 704-407 and 704-421, and the court shall commit
the defendant to the custody of the director of health to be placed in an
appropriate institution for detention, assessment, care, and treatment;
provided that:
(a) When the defendant is charged with a petty misdemeanor not involving violence or attempted violence, the defendant shall be diverted from the criminal justice system pursuant to section 704-421; and
(b) When the defendant is charged with a misdemeanor not involving violence or attempted violence, the commitment shall be limited to no longer than one hundred twenty days from the date the court determines the defendant lacks fitness to proceed.
If the court is satisfied that the defendant may be released on conditions without danger to the defendant or to another or risk of substantial danger to property of others, the court shall order the defendant's release, which shall continue at the discretion of the court, on conditions the court determines necessary; provided that the release on conditions of a defendant charged with a misdemeanor not involving violence or attempted violence shall continue for no longer than one hundred twenty days. A copy of all reports filed pursuant to section 704-404 shall be attached to the order of commitment or order of release on conditions that is provided to the department of health. When the defendant is committed to the custody of the director of health for detention, assessment, care, and treatment, the county police departments shall provide to the director of health and the defendant copies of all police reports from cases filed against the defendant that have been adjudicated by the acceptance of a plea of guilty or nolo contendere, a finding of guilt, acquittal, acquittal pursuant to section 704-400, or by the entry of a plea of guilty or nolo contendere made pursuant to chapter 853; provided that the disclosure to the director of health and the defendant does not frustrate a legitimate function of the county police departments; provided further that expunged records, records of or pertaining to any adjudication or disposition rendered in the case of a juvenile, or records containing data from the United States National Crime Information Center shall not be provided. The county police departments shall segregate or sanitize from the police reports information that would result in the likely or actual identification of individuals who furnished information in connection with the investigation or who were of investigatory interest. The department of corrections and rehabilitation and the department of health may disclose all relevant records between themselves regarding a defendant moved between departments. No further disclosure of records shall be made except as provided by law.
(2) When the defendant is released on conditions after a finding of unfitness to proceed, the department of health shall establish and monitor a fitness restoration program consistent with conditions set by the court order of release, and shall inform the prosecuting attorney of the county that charged the defendant of the program and report the defendant's compliance therewith.
(3) The
department of health shall periodically report to the court on the defendant’s
compliance with treatment and fitness restoration. When the court, on its own motion or upon the
application of the director of health, the prosecuting attorney, or the
defendant, [has reason to believe] determines, after a hearing if a
hearing is requested, that the defendant has regained fitness to proceed, the
penal proceeding shall be resumed. If
requested by the prosecuting attorney or the defendant, the court may appoint
one or more qualified examiners as set forth below to examine and report upon
the physical and mental condition of the defendant to assist the court in
making the determination of fitness. If
an examination is ordered, for a defendant charged with the offense of
murder in the first or second degree, attempted murder in the first or second
degree, or a class A felony, the court shall appoint three qualified examiners
and may appoint in all other cases one qualified examiner[, to examine and
report upon the physical and mental condition of the defendant. In cases in which the defendant has been
charged with murder in the first or second degree, attempted murder in the
first or second degree, or a class A felony, the court shall appoint as
examiners at least one psychiatrist and at least one licensed
psychologist. The third examiner may be
a psychiatrist, licensed psychologist, or qualified physician]. [One] When appointing three
examiners, the court shall appoint as examiners psychiatrists, licensed psychologists,
or qualified physicians, provided that one of the three examiners shall be
a psychiatrist or licensed psychologist designated by the director of health
from within the department of health. In
all other cases, the one qualified examiner shall be a psychiatrist or licensed
psychologist designated by the director of health from within the department of
health. The court, in appropriate
circumstances, may appoint an additional examiner or examiners. All examiners shall be appointed from a list
of certified examiners as determined by the department of health. [After a hearing, if a hearing is
requested, if the court determines that the defendant has regained fitness to
proceed, the penal proceeding shall be resumed and the defendant shall no
longer be committed to the custody of the director of health. In cases where a defendant is charged with
the offense of murder in the first or second degree, attempted murder in the
first or second degree, or a class A felony, upon the request of the
prosecuting attorney or the defendant, and in consideration of information
provided by the defendant's clinical team, the court may order that the
defendant remain in the custody of the director of health, for good cause
shown, subject to bail or until a judgment on the verdict or a finding of guilt
after a plea of guilty or nolo contendere.
Thereafter, the court may consider a request from the director of health
to rescind its order maintaining the defendant in the director's custody, for
good cause shown.] As used in this
section, the term "qualified physician" means a physician qualified
by the court for the specific evaluation ordered. If, [however,] after a
determination that the defendant has regained fitness, the court is of the
view that so much time has elapsed since the commitment or release on
conditions of the defendant that it would be unjust to resume the proceeding,
the court may dismiss the charge and:
(a) Order the defendant to be discharged;
(b) Subject to section 334-60.2 regarding involuntary hospitalization criteria, order the defendant to be committed to the custody of the director of health to be placed in an appropriate institution for detention, care, and treatment; or
(c) Subject to section 334-121 regarding assisted community treatment criteria, order the defendant to be released on conditions the court determines necessary.
(4) [An
examination for regained fitness to proceed performed under this section may
employ any method that is accepted by the professions of medicine or psychology
for the examination of those alleged to be affected by a physical or mental
disease, disorder, or defect, and shall include a review of records where the
defendant, while under the custody of the director of health, was placed;
provided that each examiner shall form and render an opinion on the defendant's
regained fitness to proceed independently from the other examiners and the
examiners, upon approval of the court, may secure the services of clinical
psychologists and other medical or paramedical specialists to assist in the
examination.] If an examination
is ordered under subsection (3), the examination and report and the
compensation of persons making or assisting in the examination shall be in
accordance with section 704-404(3) and (5) to (11).
[(5)
The report of the examination for regained fitness to proceed shall
include the following:
(a) A description of the nature of the
examination;
(b) An opinion as to the defendant's
capacity to understand the proceedings against the defendant and to assist in
the defendant's own defense; and
(c) Where more than one examiner is
appointed, a statement that the opinion rendered was arrived at independently
of any other examiner, unless there is a showing to the court of a clear need
for communication between or among the examiners for clarification. A description of the communication shall be
included in the report. After all
reports are submitted to the court, examiners may confer without restriction.
(6)
All other procedures as set out in section 704-404(6) through (11) shall
be followed for the completion of the report of the examination for regained
fitness to proceed performed under this section.
(7)] (5) If a defendant who has either been
committed to the custody of the director of health for a limited period
pursuant to subsection [(1)] (1)(b) or released on conditions for a
limited period pursuant to subsection (1) is not found fit to proceed prior
to the expiration of the commitment, the charge for which the defendant was
committed for a limited period shall be dismissed. Upon dismissal of the charge, the defendant
shall be released from custody or discharged from the release on conditions,
whichever is applicable, unless the defendant is subject to prosecution for
other charges or subject to section 334-60.2 regarding involuntary
hospitalization criteria, in which case the court shall order the defendant's
commitment to the custody of the director of health to be placed in an
appropriate institution for detention, care, and treatment. Within a reasonable time following any other commitment
or release on conditions under subsection (1), the director of health
shall report to the court on whether the defendant presents a substantial
likelihood of becoming fit to proceed in the future. The court, in addition, may appoint a panel
of three qualified examiners in felony cases or one qualified examiner in nonfelony
cases to make a report[.] as to whether the defendant presents a
substantial likelihood of becoming fit to proceed in the future. The examination and report shall comply with
subsections (3) and (4). If,
following the receipt of the report[,] or reports, and after a
hearing, if a hearing is requested, the court determines that the defendant
probably will remain unfit to proceed, the court may dismiss the charge and:
(a) Release the defendant; or
(b) Subject to section 334-60.2 regarding involuntary hospitalization criteria, order the defendant to be committed to the custody of the director of health to be placed in an appropriate institution for detention, care, and treatment.
[(8)
If a defendant released on conditions for a limited period pursuant to
subsection (1) is not found fit to proceed prior to the expiration of the
release on conditions order, the charge for which the defendant was released on
conditions for a limited period shall be dismissed. Upon dismissal of the charge, the defendant
shall be discharged from the release on conditions unless the defendant is
subject to prosecution for other charges or subject to section 334-60.2
regarding involuntary hospitalization criteria, in which case the court shall
order the defendant's commitment to the custody of the director of health to be
placed in an appropriate institution for detention, care, and treatment. Within a reasonable time following any other
release on conditions under subsection (1), the court shall appoint a panel of
three qualified examiners in felony cases or one qualified examiner in
nonfelony cases to report to the court on whether the defendant presents a
substantial likelihood of becoming fit to proceed in the future. If, following the report, the court
determines that the defendant probably will remain unfit to proceed, the court
may dismiss the charge and:
(a) Release the defendant; or
(b) Subject to section 334-60.2
regarding involuntary hospitalization criteria, order the defendant to be
committed to the custody of the director of health to be placed in an
appropriate institution for detention, care, and treatment.]"
SECTION 15. Section 704-407.5, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (3) to read:
"(3) An examination performed under this section may employ any method that is accepted by the professions of medicine or psychology for the examination of those alleged to be affected by a physical or mental disease, disorder, or defect; provided that each examiner shall form and render diagnoses and opinions upon the physical and mental condition of the defendant independently from the other examiners, and the examiners, upon approval of the court, may secure the services of clinical psychologists and other medical or paramedical specialists to assist in the examination and diagnosis. The examination shall comply with the other provisions of this section and may be conducted utilizing telehealth, as that term is defined in section 453-1.3(j), at the request of the examiner. The department of health and the department of corrections and rehabilitation shall provide secure access to defendants in their custody for any examination requested to be conducted utilizing telehealth."
2. By amending subsections (10) and (11) to read:
"(10) The court shall obtain all existing relevant medical, mental health, social, police, and juvenile records, including those expunged, and other pertinent records in the custody of public agencies, notwithstanding any other statute, and make the records available for inspection by the examiners in hard copy or digital format. The court may order that the records so obtained be made available to the prosecuting attorney and counsel for the defendant in either format, subject to conditions the court determines appropriate; provided that juvenile records shall not be made available unless constitutionally required. The department of corrections and rehabilitation and the department of health may disclose all relevant records between themselves regarding a defendant moved between departments. No further disclosure of records shall be made except as permitted by law.
(11) [All] Within fourteen days of
receipt of a court order, excluding intermediate Saturdays, Sundays, or
holidays designated pursuant to section 8-1, or a longer time as the court may
prescribe, all public agencies, persons, or other entities in
possession of relevant medical, mental health, social, police, and juvenile
records, including those expunged, and any other pertinent records of a
defendant ordered to be examined under this chapter, shall provide those
records to the court[,] in accordance with the terms of the order,
notwithstanding any other state statute[.] and without requiring a
signed consent from the defendant if the order so provides. An order may provide for a continuing
obligation to provide records to the court created or received by public
agencies, persons, or other entities after the initial provision of records to
the court. In addition, all public
agencies shall make records available to an appointed examiner for inspection
at the location where the records are maintained upon request and presentment
of a court order authorizing the examiner to make the inspection,
notwithstanding any other state statute and without requiring a signed consent
from the defendant if the order so provides."
PART V
SECTION 16. The purpose of this part is to amend chapter 706, Hawaii Revised Statutes, regarding the disposition of convicted defendants.
SECTION 17. Section 706-623, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
"(1) When the court has sentenced a defendant to be placed on probation, the period of probation shall be as follows, unless the court enters the reason therefor on the record and sentences the defendant to a shorter period of probation:
(a) Ten years upon conviction of a class A felony;
(b) Five years upon conviction
of a class B or class C felony under part II, V, or VI of chapter 707, chapter 709,
and part I of chapter 712 [and four];
(c) Four years
upon conviction of any other class B [or C] felony[;], a class
C felony under part III, IV, or VII of chapter 707, and a class C felony under
part XIII of chapter 708;
(d) Three years upon conviction of any other class C felony;
[(c)] (e) One year upon conviction of a misdemeanor; except
that upon a conviction under section 586-4, 586-11, [or] 709-906, or
712- , the court may sentence the defendant to a period of
probation not exceeding two years; or
[(d)] (f) Six months upon conviction of a petty
misdemeanor; provided that up to one year may be imposed upon a finding of good
cause; except upon a conviction under section 709-906, the court may sentence the
defendant to a period of probation not exceeding one year.
The court, on application of a probation officer, on application of the defendant, or on its own motion, may discharge the defendant at any time. Prior to the court granting early discharge, the defendant's probation officer shall be required to report to the court concerning the defendant's compliance or non-compliance with the conditions of the defendant's probation and the court shall afford the prosecuting attorney an opportunity to be heard. The terms of probation provided in this part, other than in this section, shall not apply to sentences of probation imposed under section 706-606.3."
PART VI
SECTION 18. The purpose of this part is to amend chapter 709, Hawaii Revised Statutes, regarding offenses against family and against incompetents.
SECTION 19. Section 709-906, Hawaii Revised Statutes, is amended by amending subsection (19) to read as follows:
"(19) For the purposes of this section:
"Business day" means any calendar day, except Saturday, Sunday, or any state holiday.
"Family or household member":
(a) Means spouses or reciprocal beneficiaries, former spouses or reciprocal beneficiaries, persons in a dating relationship as defined under section 586-1, persons who have a child in common, parents, children, persons related by consanguinity, and persons jointly residing or formerly residing in the same dwelling unit; and
(b) Does not include those who are, or were, adult roommates or cohabitants only by virtue of an economic or contractual affiliation.
"Physically abuse" means to engage in conduct that injures, hurts, or damages a person's body."
PART VII
SECTION 20. The purpose of this part is to amend chapter 710, Hawaii Revised Statutes, regarding offenses against public administration.
SECTION 21. Section 710-1012, Hawaii Revised Statutes, is amended to read as follows:
"§710-1012 [Refusing to assist in fire control.] Disobeying an order or regulation relating
to the conduct of persons in the vicinity of a fire. (1) A
person commits the offense of [refusing to assist in fire control] disobeying an order or regulation relating
to the conduct of persons
in the vicinity of a fire
when[:
(a) Upon a reasonable command by a person known
to him to be a firefighter, he intentionally refuses to aid in extinguishing a
fire or in protecting property at the scene of a fire; or
(b) Upon]
upon
command by a person known to [him] the person to be a firefighter
[or], law enforcement officer, [he intentionally] emergency
medical services personnel, or emergency medical technician, the person
knowingly disobeys an order or regulation relating to the conduct of
persons in the vicinity of a fire.
(2) "Firefighter" means any officer of a fire department or any other person vested by law with the duty to extinguish fires.
(3)
[Refusing to assist in fire control] Disobeying an order or
regulation relating to the conduct of persons in the vicinity of a fire is
a petty misdemeanor.
[(4)
A person who complies with this section by assisting in fire control
shall not be held liable to any person for damages resulting therefrom,
provided he acted reasonably under the circumstances known to him at the time.]"
SECTION 22. Section 710-1021, Hawaii Revised Statutes, is amended to read as follows:
"§710-1021 Escape in the second degree. (1) A person commits the offense of escape in the second degree if the person intentionally escapes from a correctional or detention facility or from custody.
(2) Escape in the second degree is a class C felony.
(3) Notwithstanding subsection (2), if the offense was committed by a person under the custody of the director of health solely pursuant to section 704-421(1) for a petty misdemeanor not involving violence or attempted violence, it shall be a petty misdemeanor; provided that this subsection shall not apply if the person is arrested for a new felony offense in the course of the escape or during the pendency of the escape."
SECTION 23. Section 710-1011, Hawaii Revised Statutes, is repealed.
["§710-1011 Refusing to aid a law enforcement officer. (1) A
person commits the offense of refusing to aid a law enforcement officer when,
upon a reasonable command by a person known to him to be a law enforcement
officer, he intentionally refuses or fails to aid such law enforcement officer,
in:
(a) Effectuating or securing an arrest; or
(b) Preventing the commission by another of any
offense.
(2)
Refusing to aid a law enforcement officer is a petty misdemeanor.
(3)
A person who complies with this section by aiding a law enforcement
officer shall not be held liable to any person for damages resulting therefrom,
provided he acted reasonably under the circumstances known to him at the time."]
PART VIII
SECTION 24. The purpose of this part is to amend chapter 711, Hawaii Revised Statutes, regarding offenses against public order.
SECTION 25. Chapter 711, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:
"§711- Consenting to unreasonable noise on premises. A renter, resident, owner-occupant, or other person responsible for a premises who intentionally, knowingly, recklessly, or negligently allows another person to make unreasonable noise on the premises shall be guilty of a violation."
SECTION 26. Section 711-1100, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:
""Make unreasonable noise" means to make noise that:
(1) Considering the nature and purpose of the person's conduct and the circumstances known to the person, including the nature of the location and the time of the day or night, involves a gross deviation from the standard of conduct that a law-abiding citizen would follow in the same situation; or
(2) Fails to heed the admonition of a police officer that the noise is unreasonable and should be stopped or reduced."
SECTION 27. Section 711-1101, Hawaii Revised Statutes, is amended by amending subsections (2) and (3) to read as follows:
"(2)
[Noise is unreasonable, within the meaning of subsection (1)(b), if
considering the nature and purpose of the person's conduct and the
circumstances known to the person, including the nature of the location and the
time of the day or night, the person's conduct involves a gross deviation from
the standard of conduct that a law-abiding citizen would follow in the same
situation; or the failure to heed the admonition of a police officer that the
noise is unreasonable and should be stopped or reduced.
The renter, resident, or owner-occupant
of the premises who knowingly or negligently consents to unreasonable noise on
the premises shall be guilty of a noise violation.] Except as provided in subsection (3),
disorderly conduct is a violation.
(3)
Disorderly conduct is a petty misdemeanor if it is the defendant's
intention to cause substantial harm or serious inconvenience, or if the
defendant persists in disorderly conduct after reasonable warning or request to
desist. [Otherwise disorderly conduct
is a violation.]"
PART IX
SECTION 28. The purpose of this part is to amend chapter 712, Hawaii Revised Statutes, regarding offenses against public health and morals.
SECTION 29. Chapter 712, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows:
"§712- Possessing a dangerous drug in the second degree. (1) A person commits the offense of possessing a dangerous drug in the second degree if the person knowingly possesses any dangerous drug in any amount.
(2) Possessing a dangerous drug in the second degree is a misdemeanor.
(3) Whenever a court sentences a person, grants a motion for deferral, or grants a conditional discharge, it shall also require that the person completes a substance abuse assessment and treatment, if necessary.
(4) For a third or any subsequent conviction within five years of a second or subsequent conviction, the sentence shall be six months incarceration as a term and condition of probation with early release to a substance abuse treatment program or up to one year incarceration."
SECTION 30. Section 712-1243, Hawaii Revised Statutes, is amended to read as follows:
"§712-1243 [Promoting]
Possessing a dangerous drug in the [third] first degree. (1) A
person commits the offense of [promoting] possessing a dangerous
drug in the [third] first degree if the person knowingly
possesses [any dangerous drug in any amount.]:
(a) Three to twenty-four capsules, tablets, ampules, dosage units, or syrettes, containing one or more dangerous drugs; or
(b) One or more preparations, compounds, mixtures, or substances of an aggregate weight of:
(i) 0.5 grams up to 3.53 grams containing methamphetamine, heroin, morphine, cocaine, or fentanyl or any of their respective salts, isomers, and salts of isomers; or
(ii) 2.0 grams up to 6.99 grams containing any dangerous drug.
(2) [Promoting] Possessing a
dangerous drug in the [third] first degree is a class C felony."
SECTION 31. Section 712-1255, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
"(1)
Whenever any person who has not previously been convicted of any offense
under this chapter or chapter 329 or under any statute of the United States or
of any state relating to a dangerous drug, harmful drug, detrimental drug, or
an intoxicating compound, pleads guilty to or is found guilty of promoting a
dangerous drug, harmful drug, detrimental drug, or an intoxicating compound
under section 712-1243, 712-1245, 712‑1246, 712-1248, 712-1249, [or]
712‑1250, or 712- , the court, without entering a
judgment of guilt and with the consent of the accused, may defer further
proceedings and place the accused on probation upon terms and conditions. Upon violation of a term or condition, the
court may enter an adjudication of guilt and proceed as otherwise
provided."
PART X
SECTION 32. The purpose of this part is to amend chapter 804, Hawaii Revised Statutes, regarding bail and bonds.
SECTION 33. Section 804-7, Hawaii Revised Statutes, is amended to read as follows:
"§804-7 Release after bail. The judiciary, in consultation with the department of corrections and rehabilitation and the department of the attorney general, shall establish, on or before , and administer a statewide program that permits the posting of monetary bail seven‑days‑a‑week for defendants who remain in the custody of the director of corrections and rehabilitation. This program shall be made available to any defendant for whom a monetary amount of bail has been set by the police, other law enforcement agency, or the court. The judiciary may contract with a single vendor to administer the program. The vendor may charge users of the program a service fee. Upon posting of bail, the defendant shall be released from custody forthwith."
SECTION 34. Section 804-7.1, Hawaii Revised Statutes, is amended to read as follows:
"§804-7.1 Conditions of release on bail, recognizance, or supervised release. Upon a showing that there exists a danger that the defendant will commit a serious crime or will seek to intimidate witnesses, or will otherwise unlawfully interfere with the orderly administration of justice, the judicial officer named in section 804-5 may deny the defendant's release on bail, recognizance, or supervised release.
Upon the defendant's release on bail, recognizance, or supervised release, however, the court may enter an order:
(1) Prohibiting the defendant from approaching or communicating with particular persons or classes of persons, except that no such order should be deemed to prohibit any lawful and ethical activity of defendant's counsel;
(2) Prohibiting the defendant from going to certain described geographical areas or premises;
(3) Prohibiting the defendant from possessing any dangerous weapon, engaging in certain described activities, or indulging in intoxicating liquors or certain drugs;
(4) Requiring the defendant to report regularly to and remain under the supervision of an officer of the court;
(5) Requiring the defendant to maintain employment, or, if unemployed, to actively seek employment, or attend an educational or vocational institution;
(6) Requiring the defendant to comply with a specified curfew;
(7) Requiring the defendant to seek and maintain mental health treatment or testing, including treatment for drug or alcohol dependency, or to remain in a specified institution for that purpose;
(8) Requiring the defendant to remain in the jurisdiction of the judicial circuit in which the charges are pending unless approval is obtained from a court of competent jurisdiction to leave the jurisdiction of the court;
(9) Requiring the defendant to submit to the use of electronic monitoring and surveillance;
(10) Requiring the confinement of the defendant in the defendant's residence;
(11) Requiring the defendant to satisfy any other condition reasonably necessary to ensure the appearance of the defendant as required and to ensure the safety of any other person or community; or
(12) Imposing any combination of conditions listed above;
provided that the court shall impose the least restrictive non‑financial conditions required to ensure the defendant's appearance and to protect the public. Unless specifically required by another statute, to the extent the conditions of release require electronic monitoring and surveillance, the department of corrections and rehabilitation shall be responsible for the cost, and the defendant shall not be charged; provided that the department may seek reimbursement from the defendant or file a claim or complaint for lost equipment or damages to the equipment. The department's responsibilities regarding electronic monitoring and surveillance shall be subject to legislative appropriations specifically for this purpose.
The judicial officer may revoke a defendant's bail upon proof that the defendant has breached any of the conditions imposed."
PART XI
SECTION 35. The purpose of this part is to ensure that the amendments made to section 709-906(19), Hawaii Revised Statutes, by section 19 of this Act are not made moot before the amendments can take effect.
SECTION 36. Act 19, Session Laws of Hawaii 2020, is amended by amending section 15 to read as follows:
"SECTION 15. This Act shall take effect on January 1,
2021; provided that sections 2[, 3,] and 4 shall be repealed on June 30,
2026; provided further that sections 706-623[, 709‑906,] and 853‑4, Hawaii Revised Statutes,
shall be reenacted in the form in which they read on the day prior to the
effective date of this Act."
SECTION 37. Act 23, Session Laws of Hawaii 2023, as amended by Act 178, Session of Hawaii 2024, is amended by amending section 7 to read as follows:
"SECTION 7. This Act shall take effect upon its approval;
provided that the amendments made to section 709-906, Hawaii Revised Statutes,
by section 4 of this Act shall not be repealed when that section is reenacted
on June 30, 2026, pursuant to[:
(1) Section
15 of Act 19, Session Laws of Hawaii 2020; and
(2) Section]
section 4 of Act 238, Session Laws of Hawaii 2021."
PART XII
SECTION 38. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 39. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 40. This Act shall take effect on July 1, 2026; provided that:
(1) Part XI shall take effect on June 29, 2026;
(2) The amendments made to section 706-623(1), Hawaii Revised Statutes, by section 17 of this Act shall not be repealed when that section is reenacted on June 30, 2026, pursuant to section 15 of Act 19, Session Laws of Hawaii 2020; and
(3) The amendments made to section 709-906(19), Hawaii Revised Statutes, by section 19 of this Act shall not be repealed when that section is reenacted on June 30, 2026, pursuant to section 4 of Act 238, Session Laws of Hawaii 2021.
Report Title:
Hawaii Penal Code; Committee Recommendations; Implementation
Description:
Implements recommendations pursuant to Act 245, SLH 2024, to amend the Hawaii Penal Code. (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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THE SENATE |
S.B. NO. |
2721 |
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THIRTY-THIRD LEGISLATURE, 2026 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE ADMINISTRATION OF JUSTICE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Act 245, Sessions Law of Hawaii 2024, requested the judicial council to appoint a committee to review and recommend revisions to the Hawaii Penal Code. In particular, the requested review was to ensure:
(1) That the Hawaii Penal Code is consistent and proportional across the various types and classes of offenses;
(2) That the Hawaii Penal Code is aligned with national best practices and based upon evidence-based strategies;
(3) That grades and punishment are appropriate and proportionate to other sentences imposed for criminal or civil offenses and are cost‑effective in deterring crime, reducing recidivism, and providing restitution to victims in a manner that provides equal justice and punishment regardless of socioeconomic class or ethnicity;
(4) That the response of the criminal justice system to mentally ill offenders is appropriate to the situation; and
(5) The continued force, effectiveness, and enforcement of the Hawaii Penal Code.
Accordingly, the judicial council convened a penal code review committee comprising sixty-one members, including sixteen judges representing all courts and all four judicial circuits; the chair of the senate committee on judiciary and labor; the chair of the house judiciary and Hawaiian affairs committee; a representative from the department of the attorney general; the director of the department of corrections and rehabilitation; a representative from the department of health; prosecuting attorneys or their representatives for all four counties; the public defender; representatives from Honolulu and Maui police departments; a representative of the office of Hawaiian affairs; a member of the judicial council; representatives of the criminal defense bar; crime victim advocates; and community advocates.
Eight subcommittees were formed, and each subcommittee convened numerous times to consider and prepare proposed revisions to designated parts of the Penal Code and to related statutes outside the Penal Code, for submission to the entire committee. The penal code review committee met in plenary session nine times between November 1, 2024, and October 31, 2025, and recommended statutory changes that are reflected in the legislation proposed by this Act.
The purpose of this Act is to amend various chapters of the Hawaii Penal Code, and related statutes outside the Penal Code, pursuant to the recommendations of the Penal Code review committee.
PART II
SECTION 2. The purpose of this part is to amend chapter 701, Hawaii Revised Statutes, regarding preliminary provisions of the Hawaii Penal Code.
SECTION 3. Section 701-107, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:
"(2) A crime is a felony if it is so designated in this Code or in a statute other than this Code enacted subsequent thereto, or if persons convicted thereof may be sentenced to imprisonment for a term which is in excess of one year."
SECTION 4. Section 701-108, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:
"(2) Except as otherwise provided in this section, prosecutions for other offenses are subject to the following periods of limitation:
(a) A prosecution for manslaughter where the death was not caused by the operation of a motor vehicle must be commenced within ten years after it is committed;
(b) A prosecution for a class A felony must be commenced within six years after it is committed;
(c) A prosecution for any felony under part IX of chapter 708 must be commenced within five years after it is committed;
(d) A prosecution for any other felony must be commenced within three years after it is committed;
(e) A prosecution for a misdemeanor [or
parking violation] must be commenced within two years after it is
committed; and
(f) A prosecution for a petty misdemeanor
or a violation [other than] including a parking violation must be
commenced within one year after it is committed."
SECTION 5. Section 701-116, Hawaii Revised Statutes, is amended to read as follows:
"§701-116 Proving applicability of the Code. When the application of the Code depends on the finding of a fact which is not required to be found beyond a reasonable doubt:
(1) The burden of proving the fact is on the prosecution or defendant, depending on whose interest or contention will be furthered if the finding should be made; and
(2) [The]
Unless there is any authority to the contrary, the fact [must] shall
be proved by a preponderance of the evidence."
PART III
SECTION 6. The purpose of this part is to amend chapter 705, Hawaii Revised Statutes, regarding inchoate crimes.
SECTION 7. Section 705-501, Hawaii Revised Statutes, is amended to read as follows:
"§705-501 Criminal attempt; attempting to aid another. (1) A
person who engages in conduct intended to aid another to commit a crime is
guilty of an attempt to commit the crime, although the crime is not committed
or attempted by the other person, provided [his] the person's
conduct would establish [his] the person's complicity under
sections 702-222 through 702-226 if the crime were committed or attempted by
the other person.
(2)
It is not a defense to a prosecution under this section that under the
circumstances it was impossible for the defendant to aid the other person in
the commission of the offense, provided [he] the person could
have done so had the circumstances been as [he] the person
believed them to be."
SECTION 8. Section 705-511, Hawaii Revised Statutes, is amended by amending subsections (1) and (2) to read as follows:
"(1)
A person shall not be liable under section 705-510 for criminal
solicitation of another if under sections 702‑224(1) and (2) and
702-225(1) [he] the person would not be legally accountable for
the conduct of the other person.
(2) It is not a defense to a prosecution under section 705-510 that the person solicited could not be guilty of committing the crime because:
(a) [He]
The person is, by definition of the offense, legally incapable in an
individual capacity of committing the offense solicited;
(b) [He]
The person is penally irresponsible or has an immunity to prosecution or
conviction for the commission of the crime;
(c) [He]
The person is unaware of the criminal nature of the conduct in question
or of the defendant's criminal intent; or
(d) [He]
The person does not have the state of mind sufficient for the commission
of the offense in question."
SECTION 9. Section 705-520, Hawaii Revised Statutes, is amended to read as follows:
"§705-520 Criminal conspiracy. A person is guilty of criminal conspiracy if, with intent to promote or facilitate the commission of a crime:
(1) [He]
The person agrees with one or more persons that they or one or more of
them will engage in or solicit the conduct or will cause or solicit the result
specified by the definition of the offense; and
(2) [He]
The person or another person with whom [he conspired] the person
conspires commits an overt act in pursuance of the conspiracy."
SECTION 10. Section 705-521, Hawaii Revised Statutes, is amended to read as follows:
"§705-521 Scope of conspiratorial relationship. If a person guilty of criminal conspiracy, as
defined in section 705‑520, knows that a person with whom [he] the
person conspires to commit a crime has conspired with another person or
persons to commit the same crime, [he] the person is guilty of
conspiring to commit the crime with such other person or persons, whether or
not [he] the person knows [their] the identity[.]
or identities of the other person or persons."
SECTION 11. Section 705-523, Hawaii Revised Statutes, is amended by amending subsections (1) and (2) to read as follows:
"(1)
A person shall not be liable under section 705-520 for criminal
conspiracy if under sections 702-224(1) and (2) and 702-225(1) [he] the
person would not be legally accountable for the conduct of the other
person.
(2) It is not a defense to a prosecution under section 705-520 that a person with whom the defendant conspires could not be guilty of committing the crime because:
(a) [He]
The person is, by definition of the offense, legally incapable in an
individual capacity of committing the offense;
(b) [He]
The person is penally irresponsible or has an immunity to prosecution or
conviction for the commission of the crime;
(c) [He]
The person is unaware of the criminal nature of the conduct in question
or of the defendant's criminal intent; or
(d) [He]
The person does not have the state of mind sufficient for the commission
of the offense in question."
PART IV
SECTION 12. The purpose of this part is to amend chapter 704, Hawaii Revised Statutes, regarding penal responsibility and fitness to proceed.
SECTION 13. Section 704-404, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (3) to read:
"(3) An examination performed under this section may employ any method that is accepted by the professions of medicine or psychology for the examination of those alleged to be affected by a physical or mental disease, disorder, or defect; provided that each examiner shall form and render an opinion upon the defendant's fitness to proceed independently from the other examiners, and the examiners, upon approval of the court, may secure the services of clinical psychologists and other medical or paramedical specialists to assist in the examination. The examination shall comply with the other provisions of this section and may be conducted utilizing telehealth, as that term is defined in section 453-1.3(j), at the request of the examiner. The department of health and the department of corrections and rehabilitation shall provide secure access to defendants in their custody for any examination requested to be conducted utilizing telehealth."
2. By amending subsections (9) and (10) to read:
"(9)
The court shall obtain all existing relevant medical, mental health,
social, police, and juvenile records, including those expunged, and other
pertinent records in the custody of public agencies, notwithstanding any other
statute, and make the records available for inspection by the examiners in hard
copy or digital format. The court may
order that the records so obtained be made available to the prosecuting
attorney and counsel for the defendant in either format, subject to conditions
the court determines appropriate; provided that juvenile records shall not be
made available unless constitutionally required. [No further disclosure of records shall be
made except as permitted by law.]
If, pursuant to this section, the court orders the defendant committed
to a hospital or other suitable facility under the control of the director of
health, then the county police departments shall provide to the director of
health and the defendant copies of all police reports from cases filed against
the defendant that have been adjudicated by the acceptance of a plea of guilty
or no contest, a finding of guilt, acquittal, acquittal pursuant to section
704-400, or by the entry of plea of guilty or no contest made pursuant to
chapter 853; provided that the disclosure to the director of health and the
defendant does not frustrate a legitimate function of the county police
departments, with the exception of expunged records, records of or pertaining
to any adjudication or disposition rendered in the case of a juvenile, or
records containing data from the United States National Crime Information
Center. The county police departments
shall segregate or sanitize from the police reports information that would
result in the likely or actual identification of individuals who furnished
information in connection with its investigation, or who were of investigatory
interest. The department of
corrections and rehabilitation and the department of health may disclose all
relevant records between themselves regarding a defendant moved between
departments. No further disclosure
of records shall be made except as provided by law.
(10)
[All] Within fourteen days of receipt of a court order,
excluding intermediate Saturdays, Sundays, or holidays designated pursuant to
section 8-1, or a longer time as the court may prescribe, all public
agencies persons, or other entities in possession of relevant medical,
mental health, social, police, and juvenile records, including those
expunged, and any other pertinent records of a defendant ordered to be
examined under this chapter, shall provide those records to the court[,]
in accordance with the terms of the order, notwithstanding any other
state statute[.] and without requiring a signed consent from the
defendant if the order so provides. An
order may provide for a continuing obligation to provide records to the court
created or received by public agencies, persons, or other entities after the
initial provision of records to the court. In addition, all public agencies shall make
records available to an appointed examiner for inspection at the location where
the records are maintained upon request and presentment of a court order
authorizing the examiner to make the inspection, notwithstanding any other
state statute and without requiring a signed consent of the defendant if the
order so provides."
SECTION 14. Section 704-406, Hawaii Revised Statutes, is amended to read as follows:
"§704-406 Effect of finding of unfitness to proceed and
regained fitness to proceed. (1) If the court determines that the defendant
lacks fitness to proceed, the proceeding against the defendant shall be
suspended, except as provided in sections 704-407 and 704-421, and the court
shall commit the defendant to the custody of the director of health to be
placed in an appropriate institution for detention, assessment, care, and
treatment; provided that:
(a) When the defendant is charged with a petty misdemeanor not involving violence or attempted violence, the defendant shall be diverted from the criminal justice system pursuant to section 704-421; and
(b) When the defendant is charged with a misdemeanor not involving violence or attempted violence, the commitment shall be limited to no longer than one hundred twenty days from the date the court determines the defendant lacks fitness to proceed.
If the court is satisfied that the defendant may be released on conditions without danger to the defendant or to another or risk of substantial danger to property of others, the court shall order the defendant's release, which shall continue at the discretion of the court, on conditions the court determines necessary; provided that the release on conditions of a defendant charged with a misdemeanor not involving violence or attempted violence shall continue for no longer than one hundred twenty days. A copy of all reports filed pursuant to section 704-404 shall be attached to the order of commitment or order of release on conditions that is provided to the department of health. When the defendant is committed to the custody of the director of health for detention, assessment, care, and treatment, the county police departments shall provide to the director of health and the defendant copies of all police reports from cases filed against the defendant that have been adjudicated by the acceptance of a plea of guilty or nolo contendere, a finding of guilt, acquittal, acquittal pursuant to section 704-400, or by the entry of a plea of guilty or nolo contendere made pursuant to chapter 853; provided that the disclosure to the director of health and the defendant does not frustrate a legitimate function of the county police departments; provided further that expunged records, records of or pertaining to any adjudication or disposition rendered in the case of a juvenile, or records containing data from the United States National Crime Information Center shall not be provided. The county police departments shall segregate or sanitize from the police reports information that would result in the likely or actual identification of individuals who furnished information in connection with the investigation or who were of investigatory interest. The department of corrections and rehabilitation and the department of health may disclose all relevant records between themselves regarding a defendant moved between departments. No further disclosure of records shall be made except as provided by law.
(2) When the defendant is released on conditions after a finding of unfitness to proceed, the department of health shall establish and monitor a fitness restoration program consistent with conditions set by the court order of release, and shall inform the prosecuting attorney of the county that charged the defendant of the program and report the defendant's compliance therewith.
(3) The
department of health shall periodically report to the court on the defendant’s
compliance with treatment and fitness restoration. When the court, on its own motion or upon the
application of the director of health, the prosecuting attorney, or the
defendant, [has reason to believe] determines, after a hearing if a
hearing is requested, that the defendant has regained fitness to proceed, the
penal proceeding shall be resumed. If
requested by the prosecuting attorney or the defendant, the court may appoint
one or more qualified examiners as set forth below to examine and report upon
the physical and mental condition of the defendant to assist the court in
making the determination of fitness. If
an examination is ordered, for a defendant charged with the offense of
murder in the first or second degree, attempted murder in the first or second
degree, or a class A felony, the court shall appoint three qualified examiners
and may appoint in all other cases one qualified examiner[, to examine and
report upon the physical and mental condition of the defendant. In cases in which the defendant has been
charged with murder in the first or second degree, attempted murder in the
first or second degree, or a class A felony, the court shall appoint as
examiners at least one psychiatrist and at least one licensed
psychologist. The third examiner may be
a psychiatrist, licensed psychologist, or qualified physician]. [One] When appointing three
examiners, the court shall appoint as examiners psychiatrists, licensed psychologists,
or qualified physicians, provided that one of the three examiners shall be
a psychiatrist or licensed psychologist designated by the director of health
from within the department of health. In
all other cases, the one qualified examiner shall be a psychiatrist or licensed
psychologist designated by the director of health from within the department of
health. The court, in appropriate
circumstances, may appoint an additional examiner or examiners. All examiners shall be appointed from a list
of certified examiners as determined by the department of health. [After a hearing, if a hearing is
requested, if the court determines that the defendant has regained fitness to
proceed, the penal proceeding shall be resumed and the defendant shall no
longer be committed to the custody of the director of health. In cases where a defendant is charged with
the offense of murder in the first or second degree, attempted murder in the
first or second degree, or a class A felony, upon the request of the prosecuting
attorney or the defendant, and in consideration of information provided by the
defendant's clinical team, the court may order that the defendant remain in the
custody of the director of health, for good cause shown, subject to bail or
until a judgment on the verdict or a finding of guilt after a plea of guilty or
nolo contendere. Thereafter, the court
may consider a request from the director of health to rescind its order
maintaining the defendant in the director's custody, for good cause shown.] As used in this section, the term
"qualified physician" means a physician qualified by the court for
the specific evaluation ordered. If, [however,]
after a determination that the defendant has regained fitness, the court
is of the view that so much time has elapsed since the commitment or release on
conditions of the defendant that it would be unjust to resume the proceeding,
the court may dismiss the charge and:
(a) Order the defendant to be discharged;
(b) Subject to section 334-60.2 regarding involuntary hospitalization criteria, order the defendant to be committed to the custody of the director of health to be placed in an appropriate institution for detention, care, and treatment; or
(c) Subject to section 334-121 regarding assisted community treatment criteria, order the defendant to be released on conditions the court determines necessary.
(4) [An
examination for regained fitness to proceed performed under this section may
employ any method that is accepted by the professions of medicine or psychology
for the examination of those alleged to be affected by a physical or mental
disease, disorder, or defect, and shall include a review of records where the
defendant, while under the custody of the director of health, was placed;
provided that each examiner shall form and render an opinion on the defendant's
regained fitness to proceed independently from the other examiners and the
examiners, upon approval of the court, may secure the services of clinical
psychologists and other medical or paramedical specialists to assist in the
examination.] If an examination
is ordered under subsection (3), the examination and report and the
compensation of persons making or assisting in the examination shall be in
accordance with section 704-404(3) and (5) to (11).
[(5)
The report of the examination for regained fitness to proceed shall
include the following:
(a) A description of the nature of the
examination;
(b) An opinion as to the defendant's
capacity to understand the proceedings against the defendant and to assist in
the defendant's own defense; and
(c) Where more than one examiner is
appointed, a statement that the opinion rendered was arrived at independently
of any other examiner, unless there is a showing to the court of a clear need
for communication between or among the examiners for clarification. A description of the communication shall be
included in the report. After all
reports are submitted to the court, examiners may confer without restriction.
(6)
All other procedures as set out in section 704-404(6) through (11) shall
be followed for the completion of the report of the examination for regained
fitness to proceed performed under this section.
(7)] (5) If a defendant who has either been
committed to the custody of the director of health for a limited period
pursuant to subsection [(1)] (1)(b) or released on conditions for a
limited period pursuant to subsection (1) is not found fit to proceed prior
to the expiration of the commitment, the charge for which the defendant was
committed for a limited period shall be dismissed. Upon dismissal of the charge, the defendant
shall be released from custody or discharged from the release on conditions,
whichever is applicable, unless the defendant is subject to prosecution for
other charges or subject to section 334-60.2 regarding involuntary
hospitalization criteria, in which case the court shall order the defendant's
commitment to the custody of the director of health to be placed in an
appropriate institution for detention, care, and treatment. Within a reasonable time following any other
commitment or release on conditions under subsection (1), the director
of health shall report to the court on whether the defendant presents a
substantial likelihood of becoming fit to proceed in the future. The court, in addition, may appoint a panel
of three qualified examiners in felony cases or one qualified examiner in
nonfelony cases to make a report[.] as to whether the defendant
presents a substantial likelihood of becoming fit to proceed in the future. The examination and report shall comply with
subsections (3) and (4). If,
following the receipt of the report[,] or reports, and after a
hearing, if a hearing is requested, the court determines that the defendant
probably will remain unfit to proceed, the court may dismiss the charge and:
(a) Release the defendant; or
(b) Subject to section 334-60.2 regarding involuntary hospitalization criteria, order the defendant to be committed to the custody of the director of health to be placed in an appropriate institution for detention, care, and treatment.
[(8)
If a defendant released on conditions for a limited period pursuant to
subsection (1) is not found fit to proceed prior to the expiration of the
release on conditions order, the charge for which the defendant was released on
conditions for a limited period shall be dismissed. Upon dismissal of the charge, the defendant
shall be discharged from the release on conditions unless the defendant is
subject to prosecution for other charges or subject to section 334-60.2
regarding involuntary hospitalization criteria, in which case the court shall
order the defendant's commitment to the custody of the director of health to be
placed in an appropriate institution for detention, care, and treatment. Within a reasonable time following any other
release on conditions under subsection (1), the court shall appoint a panel of
three qualified examiners in felony cases or one qualified examiner in
nonfelony cases to report to the court on whether the defendant presents a
substantial likelihood of becoming fit to proceed in the future. If, following the report, the court
determines that the defendant probably will remain unfit to proceed, the court
may dismiss the charge and:
(a) Release the defendant; or
(b) Subject to section 334-60.2
regarding involuntary hospitalization criteria, order the defendant to be
committed to the custody of the director of health to be placed in an
appropriate institution for detention, care, and treatment."]
SECTION 15. Section 704-407.5, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (3) to read:
"(3) An examination performed under this section may employ any method that is accepted by the professions of medicine or psychology for the examination of those alleged to be affected by a physical or mental disease, disorder, or defect; provided that each examiner shall form and render diagnoses and opinions upon the physical and mental condition of the defendant independently from the other examiners, and the examiners, upon approval of the court, may secure the services of clinical psychologists and other medical or paramedical specialists to assist in the examination and diagnosis. The examination shall comply with the other provisions of this section and may be conducted utilizing telehealth, as that term is defined in section 453-1.3(j), at the request of the examiner. The department of health and the department of corrections and rehabilitation shall provide secure access to defendants in their custody for any examination requested to be conducted utilizing telehealth."
2. By amending subsections (10) and (11) to read:
"(10) The court shall obtain all existing relevant medical, mental health, social, police, and juvenile records, including those expunged, and other pertinent records in the custody of public agencies, notwithstanding any other statute, and make the records available for inspection by the examiners in hard copy or digital format. The court may order that the records so obtained be made available to the prosecuting attorney and counsel for the defendant in either format, subject to conditions the court determines appropriate; provided that juvenile records shall not be made available unless constitutionally required. The department of corrections and rehabilitation and the department of health may disclose all relevant records between themselves regarding a defendant moved between departments. No further disclosure of records shall be made except as permitted by law.
(11) [All] Within fourteen days of
receipt of a court order, excluding intermediate Saturdays, Sundays, or
holidays designated pursuant to section 8-1, or a longer time as the court may
prescribe, all public agencies, persons, or other entities in
possession of relevant medical, mental health, social, police, and juvenile
records, including those expunged, and any other pertinent records of a
defendant ordered to be examined under this chapter, shall provide those
records to the court[,] in accordance with the terms of the order,
notwithstanding any other state statute[.] and without requiring a
signed consent from the defendant if the order so provides. An order may provide for a continuing
obligation to provide records to the court created or received by public
agencies, persons, or other entities after the initial provision of records to
the court. In addition, all public
agencies shall make records available to an appointed examiner for inspection
at the location where the records are maintained upon request and presentment
of a court order authorizing the examiner to make the inspection,
notwithstanding any other state statute and without requiring a signed consent
from the defendant if the order so provides."
PART V
SECTION 16. The purpose of this part is to amend chapter 706, Hawaii Revised Statutes, regarding the disposition of convicted defendants.
SECTION 17. Section 706-623, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
"(1) When the court has sentenced a defendant to be placed on probation, the period of probation shall be as follows, unless the court enters the reason therefor on the record and sentences the defendant to a shorter period of probation:
(a) Ten years upon conviction of a class A felony;
(b) Five years upon conviction
of a class B or class C felony under part II, V, or VI of chapter 707, chapter 709,
and part I of chapter 712 [and four];
(c) Four years
upon conviction of any other class B [or C] felony[;], a class
C felony under part III, IV, or VII of chapter 707, and a class C felony under
part V or XIII of chapter 708;
(d) Three years upon conviction of any other class C felony;
[(c)] (e) One year upon conviction of a misdemeanor; except
that upon a conviction under section 586-4, 586-11, [or] 709-906, or
712- , the court may sentence the defendant
to a period of probation not exceeding two years; or
[(d)] (f) Six months upon conviction of a petty
misdemeanor; provided that up to one year may be imposed upon a finding of good
cause; except upon a conviction under section 709-906, the court may sentence the
defendant to a period of probation not exceeding one year.
The court, on application of a probation officer, on application of the defendant, or on its own motion, may discharge the defendant at any time. Prior to the court granting early discharge, the defendant's probation officer shall be required to report to the court concerning the defendant's compliance or non-compliance with the conditions of the defendant's probation and the court shall afford the prosecuting attorney an opportunity to be heard. The terms of probation provided in this part, other than in this section, shall not apply to sentences of probation imposed under section 706-606.3."
PART VI
SECTION 18. The purpose of this part is to amend chapter 709, Hawaii Revised Statutes, regarding offenses against family and against incompetents.
SECTION 19. Section 709-906, Hawaii Revised Statutes, is amended by amending subsection (19) to read as follows:
"(19) For the purposes of this section:
"Business day" means any calendar day, except Saturday, Sunday, or any state holiday.
"Family or household member":
(a) Means spouses or reciprocal beneficiaries, former spouses or reciprocal beneficiaries, persons in a dating relationship as defined under section 586-1, persons who have a child in common, parents, children, persons related by consanguinity, and persons jointly residing or formerly residing in the same dwelling unit; and
(b) Does not include those who are, or were, adult roommates or cohabitants only by virtue of an economic or contractual affiliation.
"Physically abuse" means to engage in conduct that injures, hurts, or damages a person's body."
PART VII
SECTION 20. The purpose of this part is to amend chapter 710, Hawaii Revised Statutes, regarding offenses against public administration.
SECTION 21. Section 710-1012, Hawaii Revised Statutes, is amended to read as follows:
"§710-1012 [Refusing to assist in fire control.] Disobeying an order or regulation relating
to the conduct of persons in the vicinity of a fire. (1) A
person commits the offense of [refusing to assist in fire control] disobeying an order or regulation relating
to the conduct of persons
in the vicinity of a fire
when[:
(a) Upon a reasonable command by a person known
to him to be a firefighter, he intentionally refuses to aid in extinguishing a
fire or in protecting property at the scene of a fire; or
(b) Upon]
upon
command by a person known to [him] the person to be a firefighter
[or], law enforcement officer, [he intentionally] emergency
medical services personnel, or emergency medical technician, the person
knowingly disobeys an order or regulation relating to the conduct of
persons in the vicinity of a fire.
(2) "Firefighter" means any officer of a fire department or any other person vested by law with the duty to extinguish fires.
(3) [Refusing
to assist in fire control] Disobeying an order or regulation relating to
the conduct of persons in the vicinity of a fire is a petty misdemeanor.
[(4)
A person who complies with this section by assisting in fire control
shall not be held liable to any person for damages resulting therefrom, provided
he acted reasonably under the circumstances known to him at the time.]"
SECTION 22. Section 710-1021, Hawaii Revised Statutes, is amended to read as follows:
"§710-1021 Escape in the second degree. (1) A person commits the offense of escape in the second degree if the person intentionally escapes from a correctional or detention facility or from custody.
(2) Escape in the second degree is a class C felony.
(3) Notwithstanding subsection (2), if the offense was committed by a person under the custody of the director of health solely pursuant to section 704-421(1) for a petty misdemeanor not involving violence or attempted violence, it shall be a petty misdemeanor; provided that this subsection shall not apply if the person is arrested for a new felony offense in the course of the escape or during the pendency of the escape."
SECTION 23. Section 710-1011, Hawaii Revised Statutes, is repealed.
["§710-1011 Refusing to aid a law enforcement officer. (1) A
person commits the offense of refusing to aid a law enforcement officer when,
upon a reasonable command by a person known to him to be a law enforcement
officer, he intentionally refuses or fails to aid such law enforcement officer,
in:
(a) Effectuating or securing an arrest; or
(b) Preventing the commission by another of any
offense.
(2)
Refusing to aid a law enforcement officer is a petty misdemeanor.
(3)
A person who complies with this section by aiding a law enforcement
officer shall not be held liable to any person for damages resulting therefrom,
provided he acted reasonably under the circumstances known to him at the time."]
PART VIII
SECTION 24. The purpose of this part is to amend chapter 711, Hawaii Revised Statutes, regarding offenses against public order.
SECTION 25. Chapter 711, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:
"§711- Consenting to unreasonable noise on premises. A renter, resident, owner-occupant, or other person responsible for a premises who intentionally, knowingly, recklessly, or negligently allows another person to make unreasonable noise on the premises shall be guilty of a violation."
SECTION 26. Section 711-1100, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:
""Make unreasonable noise" means to make noise that:
(1) Considering the nature and purpose of the person's conduct and the circumstances known to the person, including the nature of the location and the time of the day or night, involves a gross deviation from the standard of conduct that a law-abiding citizen would follow in the same situation; or
(2) Fails to heed the admonition of a police officer that the noise is unreasonable and should be stopped or reduced."
SECTION 27. Section 711-1101, Hawaii Revised Statutes, is amended by amending subsections (2) and (3) to read as follows:
"(2)
[Noise is unreasonable, within the meaning of subsection (1)(b), if
considering the nature and purpose of the person's conduct and the
circumstances known to the person, including the nature of the location and the
time of the day or night, the person's conduct involves a gross deviation from
the standard of conduct that a law-abiding citizen would follow in the same
situation; or the failure to heed the admonition of a police officer that the
noise is unreasonable and should be stopped or reduced.
The renter, resident, or owner-occupant
of the premises who knowingly or negligently consents to unreasonable noise on
the premises shall be guilty of a noise violation.] Except as provided in subsection (3),
disorderly conduct is a violation.
(3)
Disorderly conduct is a petty misdemeanor if it is the defendant's
intention to cause substantial harm or serious inconvenience, or if the
defendant persists in disorderly conduct after reasonable warning or request to
desist. [Otherwise disorderly conduct
is a violation.]"
PART IX
SECTION 28. The purpose of this part is to amend chapter 712, Hawaii Revised Statutes, regarding offenses against public health and morals.
SECTION 29. Chapter 712, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows:
"§712- Possessing a dangerous drug in the second degree. (1) A person commits the offense of possessing a dangerous drug in the second degree if the person knowingly possesses any dangerous drug in any amount.
(2) Possessing a dangerous drug in the second degree is a misdemeanor.
(3) Whenever a court sentences a person, grants a motion for deferral, or grants a conditional discharge, it shall also require that the person completes a substance abuse assessment and treatment, if necessary.
(4) For a third or any subsequent conviction within five years of a second or subsequent conviction, the sentence shall be six months incarceration as a term and condition of probation with early release to a substance abuse treatment program or up to one year incarceration."
SECTION 30. Section 712-1243, Hawaii Revised Statutes, is amended to read as follows:
"§712-1243 [Promoting]
Possessing a dangerous drug in the [third] first degree. (1) A
person commits the offense of [promoting] possessing a dangerous
drug in the [third] first degree if the person knowingly
possesses [any dangerous drug in any amount.]:
(a) Three to twenty-four capsules, tablets, ampules, dosage units, or syrettes, containing one or more dangerous drugs; or
(b) One or more preparations, compounds, mixtures, or substances of an aggregate weight of:
(i) 0.5 grams up to 3.53 grams containing methamphetamine, heroin, morphine, cocaine, or fentanyl or any of their respective salts, isomers, and salts of isomers; or
(ii) 2.0 grams up to 6.99 grams containing any dangerous drug.
(2) [Promoting] Possessing a
dangerous drug in the [third] first degree is a class C felony."
SECTION 31. Section 712-1255, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
"(1)
Whenever any person who has not previously been convicted of any offense
under this chapter or chapter 329 or under any statute of the United States or
of any state relating to a dangerous drug, harmful drug, detrimental drug, or
an intoxicating compound, pleads guilty to or is found guilty of promoting a
dangerous drug, harmful drug, detrimental drug, or an intoxicating compound
under section 712-1243, 712-1245, 712‑1246, 712-1248, 712-1249, [or]
712-1250, or 712- , the court,
without entering a judgment of guilt and with the consent of the accused, may
defer further proceedings and place the accused on probation upon terms and
conditions. Upon violation of a term or
condition, the court may enter an adjudication of guilt and proceed as
otherwise provided."
PART X
SECTION 32. The purpose of this part is to amend chapter 804, Hawaii Revised Statutes, regarding bail and bonds.
SECTION 33. Section 804-7, Hawaii Revised Statutes, is amended to read as follows:
"§804-7 Release after bail. The judiciary, in consultation with the department of corrections and rehabilitation and the department of the attorney general, shall establish, on or before , and administer a statewide program that permits the posting of monetary bail seven‑days‑a‑week for defendants who remain in the custody of the director of corrections and rehabilitation. This program shall be made available to any defendant for whom a monetary amount of bail has been set by the police, other law enforcement agency, or the court. The judiciary may contract with a single vendor to administer the program. The vendor may charge users of the program a service fee. Upon posting of bail, the defendant shall be released from custody forthwith."
SECTION 34. Section 804-7.1, Hawaii Revised Statutes, is amended to read as follows:
"§804-7.1 Conditions of release on bail, recognizance, or supervised release. Upon a showing that there exists a danger that the defendant will commit a serious crime or will seek to intimidate witnesses, or will otherwise unlawfully interfere with the orderly administration of justice, the judicial officer named in section 804-5 may deny the defendant's release on bail, recognizance, or supervised release.
Upon the defendant's release on bail, recognizance, or supervised release, however, the court may enter an order:
(1) Prohibiting the defendant from approaching or communicating with particular persons or classes of persons, except that no such order should be deemed to prohibit any lawful and ethical activity of defendant's counsel;
(2) Prohibiting the defendant from going to certain described geographical areas or premises;
(3) Prohibiting the defendant from possessing any dangerous weapon, engaging in certain described activities, or indulging in intoxicating liquors or certain drugs;
(4) Requiring the defendant to report regularly to and remain under the supervision of an officer of the court;
(5) Requiring the defendant to maintain employment, or, if unemployed, to actively seek employment, or attend an educational or vocational institution;
(6) Requiring the defendant to comply with a specified curfew;
(7) Requiring the defendant to seek and maintain mental health treatment or testing, including treatment for drug or alcohol dependency, or to remain in a specified institution for that purpose;
(8) Requiring the defendant to remain in the jurisdiction of the judicial circuit in which the charges are pending unless approval is obtained from a court of competent jurisdiction to leave the jurisdiction of the court;
(9) Requiring the defendant to submit to the use of electronic monitoring and surveillance;
(10) Requiring the confinement of the defendant in the defendant's residence;
(11) Requiring the defendant to satisfy any other condition reasonably necessary to ensure the appearance of the defendant as required and to ensure the safety of any other person or community; or
(12) Imposing any combination of conditions listed above;
provided that the court shall impose the least restrictive non‑financial conditions required to ensure the defendant's appearance and to protect the public. Unless specifically required by another statute, to the extent the conditions of release require electronic monitoring and surveillance, the department of corrections and rehabilitation shall be responsible for the cost, and the defendant shall not be charged; provided that the department may seek reimbursement from the defendant or filing a claim or complaint for lost equipment or damages to the equipment. The department's responsibilities regarding electronic monitoring and surveillance shall be subject to legislative appropriations specifically for this purpose.
The judicial officer may revoke a defendant's bail upon proof that the defendant has breached any of the conditions imposed."
PART XI
SECTION 35. The purpose of this part is to ensure that the amendments made to section 709-906(19), Hawaii Revised Statutes, by section 19 of this Act are not made moot before the amendments can take effect.
SECTION 36. Act 19, Session Laws of Hawaii 2020, is amended by amending section 15 to read as follows:
"SECTION 15. This Act shall take effect on January 1,
2021; provided that sections 2[, 3,] and 4 shall be repealed on June 30,
2026; provided further that sections 706-623[, 709‑906,] and 853‑4, Hawaii Revised Statutes,
shall be reenacted in the form in which they read on the day prior to the
effective date of this Act."
SECTION 37. Act 23, Session Laws of Hawaii 2023, as amended by Act 178, Session of Hawaii 2024, is amended by amending section 7 to read as follows:
"SECTION 7. This Act shall take effect upon its approval;
provided that the amendments made to section 709-906, Hawaii Revised Statutes,
by section 4 of this Act shall not be repealed when that section is reenacted
on June 30, 2026, pursuant to[:
(1) Section
15 of Act 19, Session Laws of Hawaii 2020; and
(2) Section]
section 4 of Act 238, Session Laws of Hawaii 2021."
PART XII
SECTION 38. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 39. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 40. This Act shall take effect on July 1, 2026; provided that:
(1) Part XI shall take effect on June 29, 2026;
(2) The amendments made to section 706-623(1), Hawaii Revised Statutes, by section 17 of this Act shall not be repealed when that section is reenacted on June 30, 2026, pursuant to section 15 of Act 19, Session Laws of Hawaii 2020; and
(3) The amendments made to section 709-906(19), Hawaii Revised Statutes, by section 19 of this Act shall not be repealed when that section is reenacted on June 30, 2026, pursuant to section 4 of Act 238, Session Laws of Hawaii 2021.
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INTRODUCED BY: |
_____________________________ |
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Report Title:
Hawaii Penal Code; Committee Recommendations; Implementation
Description:
Implements recommendations pursuant to Act 245, SLH 2024 to amend the Hawaii Penal Code.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
Date
|
Status
|
|---|---|
| Jun 26, 2026 | Act 151, on 06/25/2026 (Gov. Msg. No. 1252). |
| Jun 26, 2026 | Act 151, 06/25/2026 (Gov. Msg. No. 1252). |
| May 8, 2026 | Enrolled to Governor. |
| May 8, 2026 | Received notice of passage on Final Reading in House (Hse. Com. No. 888). |
| May 6, 2026 | Received notice of Final Reading (Sen. Com. No. 816). |
| May 6, 2026 | Passed Final Reading as amended in CD 1 with Representative(s) Reyes Oda voting aye with reservations; Representative(s) Alcos, Cochran, Garcia, Gedeon, Kila, Matsumoto, Muraoka, Pierick voting no (8) and none excused (0). |
| May 6, 2026 | Passed Final Reading, as amended (CD 1). Ayes, 22; Aye(s) with reservations: Senator(s) Lamosao. Noes, 3 (Senator(s) Awa, DeCorte, Fevella). Excused, 0 (none). |
| Apr 29, 2026 | Forty-eight (48) hours notice Wednesday, 05-06-26. |
| Apr 29, 2026 | Reported from Conference Committee (Conf Com. Rep. No. 48-26) as amended in (CD 1). |
| Apr 29, 2026 | 48 Hrs. Notice (as amended CD 1) 05-06-26. |
| Apr 29, 2026 | Reported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 48-26). |
| Apr 28, 2026 | The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. The votes of the Senate Conference Managers were as follows: 3 Aye(s): Senator(s) Rhoads, Chang, Gabbard; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none. |
| Apr 28, 2026 | The Conference Committee recommends that the measure be Passed, with Amendments. The votes were as follows: 3 Ayes: Representative(s) Tarnas, Kusch, Poepoe; Ayes with reservations: none; 1 Noes: Representative(s) Garcia; and 0 Excused: none. |
| Apr 27, 2026 | Conference Committee Meeting will reconvene on Tuesday 04-28-26 2:00PM in conference room 325. |
| Apr 24, 2026 | Conference Committee Meeting will reconvene on Monday 04-27-26 2:00PM in conference room 325. |
| Apr 23, 2026 | Conference committee meeting to reconvene on 04-24-26 3:10PM; Conference Room 325. |
| Apr 22, 2026 | Conference committee meeting scheduled for 04-23-26 2:35PM; Conference Room 325. |
| Apr 21, 2026 | Received notice of Senate conferees (Sen. Com. No. 718). |
| Apr 21, 2026 | Senate Conferees Appointed: Rhoads Chair; Chang, Gabbard. |
| Apr 20, 2026 | Received notice of appointment of House conferees (Hse. Com. No. 787). |
| Apr 20, 2026 | House Conferees Appointed: Tarnas, Kusch Co-Chairs; Poepoe, Garcia. |
| Apr 16, 2026 | Received notice of disagreement (Sen. Com. No. 710). |
| Apr 16, 2026 | Senate disagrees with House amendments. |
| Apr 16, 2026 | Received from House (Hse. Com. No. 694). |
| Apr 14, 2026 | Passed Third Reading with Representative(s) Kila, Reyes Oda voting aye with reservations; Representative(s) Alcos, Cochran, Garcia, Gedeon, Matayoshi, Matsumoto, Muraoka, Pierick, Shimizu voting no (9) and Representative(s) Quinlan excused (1). Transmitted to Senate. |
| Apr 10, 2026 | Deferred one day 04-14-26. |
| Apr 10, 2026 | Reported from FIN (Stand. Com. Rep. No. 2076-26), recommending passage on Third Reading. |
| Apr 7, 2026 | The committee on FIN recommend that the measure be PASSED, UNAMENDED. The votes were as follows: 15 Ayes: Representative(s) Todd, Takenouchi, Hartsfield, Hussey, Keohokapu-Lee Loy, Kitagawa, Kusch, Lee, M., Miyake, Perruso, Templo, Yamashita, Reyes Oda; Ayes with reservations: Representative(s) Alcos, Gedeon; Noes: none; and 1 Excused: Representative(s) Morikawa. |
| Apr 2, 2026 | Bill scheduled for decision making on Tuesday, 04-07-26 10:10AM in conference room 308 VIA VIDEOCONFERENCE. |
| Apr 2, 2026 | The committee(s) on FIN recommend(s) that the measure be deferred until 04-07-26. |
| Mar 31, 2026 | Bill scheduled to be heard by FIN on Thursday, 04-02-26 2:00PM in House conference room 308 VIA VIDEOCONFERENCE. |
| Mar 25, 2026 | Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN with Representative(s) Shimizu voting aye with reservations; Representative(s) Cochran, Garcia, Pierick voting no (3) and Representative(s) Matsumoto, Perruso excused (2). |
| Mar 25, 2026 | Reported from JHA (Stand. Com. Rep. No. 1409-26) as amended in HD 1, recommending passage on Second Reading and referral to FIN. |
| Mar 17, 2026 | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 9 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Cochran, Hashem, Kahaloa, Sayama, Takayama; Ayes with reservations: Representative(s) Shimizu; 1 Noes: Representative(s) Garcia; and Excused: none. |
| Mar 12, 2026 | Bill scheduled to be heard by JHA on Tuesday, 03-17-26 2:00PM in House conference room 325 VIA VIDEOCONFERENCE. |
| Mar 12, 2026 | Referred to JHA, FIN, referral sheet 17 |
| Mar 12, 2026 | Pass First Reading |
| Mar 10, 2026 | Received from Senate (Sen. Com. No. 287) in amended form (SD 1). |
| Mar 10, 2026 | Passed Third Reading, as amended (SD 1). Ayes, 22; Aye(s) with reservations: none. Noes, 3 (Senator(s) Awa, DeCorte, Fevella). Excused, 0 (none). Transmitted to House. |
| Mar 5, 2026 | 48 Hrs. Notice 3/10/2026. |
| Mar 5, 2026 | Report adopted; Passed Second Reading, as amended (SD 1). |
| Mar 5, 2026 | Reported from JDC (Stand. Com. Rep. No. 2812) with recommendation of passage on Second Reading, as amended (SD 1) and placement on the calendar for Third Reading. |
| Feb 18, 2026 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 3 Aye(s): Senator(s) Rhoads, Gabbard, Chang; Aye(s) with reservations: none ; 1 No(es): Senator(s) Awa; and 1 Excused: Senator(s) San Buenaventura. |
| Feb 11, 2026 | The committee(s) on JDC has scheduled a public hearing on 02-18-26 9:05AM; Conference Room 016 & Videoconference. |
| Feb 3, 2026 | Re-Referred to JDC. |
| Feb 2, 2026 | The committee on PSM deferred the measure. |
| Jan 30, 2026 | The committee(s) on PSM has scheduled a public hearing on 02-02-26 3:00PM; Conference Room 016 & Videoconference. |
| Jan 28, 2026 | Referred to PSM, JDC/WAM. |
| Jan 26, 2026 | Passed First Reading. |
| Jan 23, 2026 | Introduced. |
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Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| May 6, 2026 | Final Reading | House Floor |
Passed |
|
| May 6, 2026 | Final Reading | Senate Floor |
Passed |
|
| Apr 14, 2026 | Third Reading | House Floor |
Passed |
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| Apr 7, 2026 | The committee on FIN recommend that the measure be PASSED, UNAMENDED | House Standing Committee on Finance |
Passed |
|
| Mar 17, 2026 | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Judiciary & Hawaiian Affairs |
Passed |
|
| Mar 10, 2026 | Third Reading | Senate Floor |
Passed |
|
| Feb 18, 2026 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Judiciary |
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.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Adult Mental Health Division | *** Support | Apr 2, 2026 |
| Advisory Committee on Penal Code Review | *** Support | Apr 2, 2026 |
| Circuit Court of the First Circuit | *** Support | Apr 2, 2026 |
| County of Maui Police Department | *** Support | Feb 2, 2026 |
| department of corrections and rehabilitation | *** Support | Apr 2, 2026 |
| Department of Health, State of Hawai‘i | *** Support | Feb 17, 2026 |
| Department of the Attorney General | *** Support | Apr 2, 2026 |
| Law Office of Georgette A. Yaindl, LLLC | *** Support | Mar 17, 2026 |
| State of Hawai‘i | *** Support | Feb 17, 2026 |
| State of Hawai‘i Department of Health | *** Support | Apr 2, 2026 |
STAND. COM. REP. NO. 2812
Honolulu, Hawaii
RE: S.B. No. 2721
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 Judiciary, to which was referred S.B. No. 2721 entitled:
"A BILL FOR AN ACT RELATING TO THE ADMINISTRATION OF JUSTICE,"
begs leave to report as follows:
The purpose and intent of this measure is to implement recommendations pursuant to Act 245, Session Laws of Hawaii 2024, to amend the Hawaii Penal Code.
Your Committee received testimony in support of this measure from the Judiciary, Department of Health, Crime Victim Compensation Commission, and four individuals.
Your Committee received comments on this measure from the Office of the Public Defender and Hawaiʻi Psychological Association.
Your Committee finds that Act 245, Session Laws of Hawaii 2024, requested the Judicial Council to appoint a committee to review and recommend revisions to the Hawaii Penal Code. To carry out this request, the Judicial Council formed the 2025 Advisory Committee on Penal Code Review, which consisted of sixty-one members from a diverse cross-section of the community affected by the criminal laws in the State and included members from the Legislature, Judiciary, prosecuting departments of all counties, Department of the Attorney General, Office of the Public Defender, private defense bar, medical professionals from the Department of Health, law enforcement agencies, advocate groups for victims' rights, and Department of Corrections and Rehabilitation, as well as other interested members of the public, advocacy groups, and government staff. This measure updates the Hawaii Penal Code based on the recommendations of the Advisory Committee that gained supermajority approval of the overall Committee in plenary session.
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 Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2721, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2721, S.D. 1, and be placed on the calendar for Third Reading.
Respectfully submitted on behalf of the members of the Committee on Judiciary,
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________________________________ KARL RHOADS, Chair |
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Date
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Testimony PDF
|
|---|---|
| Apr 2, 2026 | SB2721_HD1_TESTIMONY_FIN_04-02-26_.PDF |
| Mar 17, 2026 | SB2721_SD1_TESTIMONY_JHA_03-17-26_.PDF |
| Feb 17, 2026 | SB2721_TESTIMONY_JDC_02-18-26_.PDF |
| Feb 2, 2026 | SB2721_TESTIMONY_PSM_02-02-26_.PDF |
Discussed in Hearing
28SEC
Senate Floor
1MIN
Conference Committee
58SEC
Conference Committee
1MIN
Conference Committee
1MIN
Conference Committee
18MIN
House Standing Committee on Judiciary & Hawaiian Affairs
5MIN
House Standing Committee on Judiciary & Hawaiian Affairs
13MIN
Senate Standing Committee on Judiciary
Bill Author
