SB 2730: Judiciary; Arrests; Warrantless; Citations; Reports

A BILL FOR AN ACT

RELATING TO CRIMINAL JUSTICE REFORM.

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

     SECTION 1.  The legislature finds that arrests are commonly made at the initiation of a criminal case, but sometimes occur needlessly when the issuance of a citation to appear in court would have sufficed.  Arrests consume a significant portion of the limited resources of understaffed police departments, increase the number of people held in custody before trial, and contribute to overcrowding in correctional facilities.  Given the State's high cost of living and the significant percentage of families who live paycheck to paycheck, many arrestees cannot afford to post bail before trial.

     The legislature also finds that arrests are highly disruptive to a person's life.  Despite the fundamental principle of the presumption of innocence on which the justice system is built, arrests cause embarrassment and, in some cases, trauma, when they occur in the presence of family members, neighbors, or coworkers, or are publicized in the media.  Further, an arrest can significantly jeopardize the arrestee's housing and employment and set into motion a chain of economic and logistical hardships for the arrestee's family, especially when the arrestee is the main source of household income and cares for multiple dependents.

     Additionally, in the 2018 criminal pretrial task force recommendations to the legislature, the first recommendation for reducing the pretrial jail population was to:

Reinforce that law enforcement officers have discretion to issue citations, in lieu of arrest, for low level offenses and broaden discretion to include non-violent Class C felonies.  For low-risk defendants who have not demonstrated a risk of non-appearance in court or a risk of recidivism, officers should issue citations rather than arrest.

     The legislature finds that this Act does not address felonies and therefore only applies to misdemeanors, petty misdemeanors, and violations.  As such, it is not as expansive as laws enacted in many states or the recommendation made by the criminal pretrial task force.

     Accordingly, the purpose of this Act is to reduce unnecessary arrests in criminal cases by:

     (1)  Amending the factors under which officers may arrest and detain persons without a warrant for petty misdemeanors and violations, and requiring officers to document the justification for the arrests;

     (2)  Amending the circumstances under which officers may issue citations in lieu of arrest;

     (3)  Requiring officers to issue citations in lieu of arrest for certain petty misdemeanors and violations, unless public safety or flight risks are present or the alleged offense involves operating a vehicle under the influence of an intoxicant or the abuse of family or household members;

     (4)  Improving court appearance rates through a redesigned citation form and updated required citation information; and

     (5)  Requiring the criminal justice research institute to submit reports on the use of criminal citations.

     SECTION 2.  Section 803-5, Hawaii Revised Statutes, is amended to read as follows:

     "§803-5  By police officer without warrant.  (a)  A police officer or other officer of justice[,] may, without warrant, arrest and detain for examination any person when the officer has probable cause to believe that [such] the person [has] committed any felony or misdemeanor offense, whether in the officer's presence or otherwise.

     (b)  A police officer or other officer of justice may, without warrant, arrest and detain for examination any person when the officer has probable cause to believe that the person committed any petty misdemeanor or violation, whether in the officer's presence or otherwise, and the officer is reasonably satisfied that the person:

     (1)  Has not offered satisfactory evidence of the person's identity;

     (2)  Will not appear in court at the time designated;

     (3)  Has an outstanding arrest warrant that would justify the person's detention or gives indication that the person might fail to appear in court;

     (4)  Committed an offense of such nature that there will be further police contact on or about the date in question, or in the immediate future;

     (5)  Must be detained to prevent bodily injury to that person or another person;

     (6)  Committed the offense of operating a vehicle under the influence of an intoxicant under section 291E-61; or

     (7)  Committed the offense of abuse of family or household members under section 709-906.

     (c)  In any case in which an officer arrests an individual for a petty misdemeanor or violation, the officer shall record which of the factors under subsection (b) justified the arrest.

     [(b)] (d)  For the purposes of this section, a police officer has probable cause to make an arrest when the facts and circumstances within the officer's knowledge and of which the officer has reasonably trustworthy information are sufficient in themselves to warrant a person of reasonable caution in the belief that a crime has been or is being committed."

     SECTION 3.  Section 803-6, Hawaii Revised Statutes, is amended to read as follows:

     "§803-6  Arrest, how made[.]; citations in lieu of arrest.  (a)  At or before the time of making an arrest, the person shall declare that the person is an officer of justice, if [such is the case.] applicable.  If the person has a warrant, the person [should] shall show it; or if the person makes the arrest without warrant in any of the cases in which it is authorized by law, the person [should] shall give the party arrested clearly to understand for what cause the person undertakes to make the arrest, and shall require the party arrested to submit and be taken to the police station or judge.  This done, the arrest is complete.

     (b)  In any case in which [it is lawful for] a police officer [to arrest] has probable cause to believe that a person [without a warrant for] committed a misdemeanor, petty misdemeanor, or violation, the police officer may[, but need not,] issue a citation in lieu of the requirements of subsection (a), [if] unless the police officer finds and is reasonably satisfied that:

     (1)  The person has not offered satisfactory evidence of the person's identity;

    [(1)] (2)  The person will not appear in court at the time designated;

    [(2)] (3)  The person has [no] an outstanding arrest [warrants] warrant that would justify the person's detention or [give] gives indication that the person might fail to appear in court; [and

     (3)] (4)  The offense is of such nature that there will be [no] further police contact on or about the date in question or in the immediate future[.]; or

     (5)  The person must be detained to prevent bodily injury to that person or another person.

     (c)  In any case in which it is lawful under subsection (b) for a police officer to issue a citation for a petty misdemeanor or violation, the police officer shall issue a citation in lieu of the requirements of subsection (a); provided that a police officer need not issue a citation in lieu of the requirements of subsection (a) if it is lawful for the police officer to arrest the person for:

     (1)  A felony or misdemeanor offense;

     (2)  The offense of operating a vehicle under the influence of an intoxicant under section 291E-61; or

     (3)  The offense of abuse of family or household members under section 709-906.

Nothing in this subsection shall limit law enforcement discretion to issue a citation pursuant to subsection (b).

     (d)  No later than July 1, 2027, the judiciary shall promulgate a citation form for use by police officers that includes, at a minimum, all of the information described in subsection (e).  To the extent possible, the citation form shall be designed to:

     (1)  Facilitate data collection and sharing, including between law enforcement agencies, the criminal justice research institute, and any court reminder system managed by the judiciary; and

     (2)  Maximize the rate at which persons appear in court in response to the citation, by adhering to research and best practices on form design to improve court appearance rates.

     [(c)] (e)  The citation shall contain:

     (1)  The name of the offender;

     (2)  The current address of the offender, if available;

     (3)  The offender's cell phone number and electronic mail address, if available;

    [(3)] (4)  The last four digits of the offender's social security number, if available;

    [(4)] (5)  A description of the offender;

    [(5)] (6)  The nature of the offense;

    [(6)] (7)  The time and date of the offense;

    [(7)] (8)  A notice of the time [and], date, and location for court appearance;

    [(8)] (9)  The signature and badge number of the officer;

    [(9)] (10)  The signature of the offender agreeing to court appearance, unless the offender refuses, or is unable to sign;

   [(10)] (11)  Any remarks; [and]

   [(11)] (12)  A notice directing the offender to appear at the time and place designated to stand trial for the offense indicated and a notice that failure to obey the citation may result in a fine or imprisonment, or both; and

    (13)  The phone number and internet address of the court for questions or additional information relating to the court appearance;

provided that omission of any of the information listed in paragraphs (1) to [(11)] (13) or any error in the citation shall not be a ground for dismissal of a charge or for reversal of a conviction if the omission or error did not prejudice the defendant.  To the extent practicable, the citation shall place information described in paragraphs (8), (12), and (13) at the top of the citation, before other administrative fields.

     [(d)] (f)  Where a citation has been issued in lieu of the requirements of subsection (a), the officer who issues the summons or citation may subscribe to the complaint:

     (1)  Under oath administered by any police officer whose name has been submitted to the prosecuting officer and who has been designated by the chief of police to administer the oath; or

     (2)  By declaration in accordance with the rules of court.

     [(e)] (g)  If a person fails to appear in answer to the citation[;], or if there is reasonable cause to believe that the person will not appear, a warrant for the person's arrest may be issued.  A knowing failure to appear in answer to the citation may be punished by a fine of [not] no more than $1,000 or imprisonment of [not] no more than thirty days, or both."

     SECTION 4.  (a)  The criminal justice research institute shall submit a report, with findings, on the use of criminal citations under section 803-6, Hawaii Revised Statutes, to the legislature no later than twenty days prior to the convening of the regular sessions of 2027, 2028, and 2029.

     (b)  The judiciary, department of the attorney general, and other criminal justice agencies, as needed, shall provide data to the criminal justice research institute to complete the report.

     (c)  Each report shall include data, analyzed by fiscal year, that includes, but is not limited to:

     (1)  The number of criminal citation cases filed with the judiciary, including analysis by most serious offense level and by county;

     (2)  The number of charges in criminal citation cases; and

     (3)  The length of the pretrial period for criminal citation cases.

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

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

     SECTION 7.  This Act shall take effect on July 1, 3000.

Report Title:

Judiciary; Arrests; Warrantless; Citations; Reports

Description:

Establishes factors under which officers may arrest and detain persons without a warrant for petty misdemeanors and violations, and requires officers to document the justification for the arrests.  Amends the circumstances under which officers may issue citations in lieu of arrest.  Requires officers to issue citations in lieu of arrest for certain petty misdemeanors and violations, unless public safety or flight risks are present or the alleged offense involves operating a vehicle under the influence of an intoxicant or the abuse of family or household members.  Requires the Judiciary to promulgate a standardized citation form and updates the required information for citations.  Requires the Criminal Justice Research Institute to submit reports.  Effective 7/1/3000.  (HD1)

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

A BILL FOR AN ACT

RELATING TO CRIMINAL JUSTICE REFORM.

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

     SECTION 1.  The legislature finds that arrests are commonly made at the initiation of a criminal case, but sometimes occur needlessly when the issuance of a citation to appear in court would have sufficed.  Arrests consume a significant portion of the limited resources of understaffed police departments, increase the number of people held in custody before trial, and contribute to overcrowding in correctional facilities.  Given the State's high cost of living and the significant percentage of families who live paycheck to paycheck, many arrestees cannot afford to post bail before trial.

     The legislature also finds that arrests are highly disruptive to a person's life.  Despite the fundamental principle of the presumption of innocence on which the justice system is built, arrests cause embarrassment and, in some cases, trauma, when they occur in the presence of family members, neighbors, or coworkers, or are publicized in the media.  Further, an arrest can significantly jeopardize the arrestee's housing and employment and set into motion a chain of economic and logistical hardships for the arrestee's family, especially when the arrestee is the main source of household income and cares for multiple dependents.

     Additionally, in the 2018 criminal pretrial task force recommendations to the legislature, the first recommendation for reducing the pretrial jail population was to:

Reinforce that law enforcement officers have discretion to issue citations, in lieu of arrest, for low level offenses and broaden discretion to include non-violent Class C felonies.  For low-risk defendants who have not demonstrated a risk of non-appearance in court or a risk of recidivism, officers should issue citations rather than arrest.

     The legislature finds that this Act does not address felonies and therefore only applies to misdemeanors, petty misdemeanors, and violations.  As such, it is not as expansive as laws enacted in many states or the recommendation made by the criminal pretrial task force.

     Accordingly, the purpose of this Act is to reduce unnecessary arrests in criminal cases by:

     (1)  Amending the factors under which officers may arrest and detain persons without a warrant for petty misdemeanors and violations, and requiring officers to document the justification for the arrests;

     (2)  Amending the circumstances under which officers may issue citations in lieu of arrest;

     (3)  Requiring officers to issue citations in lieu of arrest for certain petty misdemeanors and violations;

     (4)  Improving court appearance rates through a redesigned citation form and updated required citation information; and

     (5)  Requiring citations be visible on an offender's criminal record.

     SECTION 2.  Section 803-5, Hawaii Revised Statutes, is amended to read as follows:

     "§803-5  By police officer without warrant.  (a)  A police officer or other officer of justice, may, without warrant, arrest and detain for examination any person when the officer has probable cause to believe that [such] the person [has] committed any felony or misdemeanor offense, whether in the officer's presence or otherwise.

     (b)  A police officer or other officer of justice, may, without warrant, arrest and detain for examination any person when the officer has probable cause to believe that the person committed any petty misdemeanor or violation, whether in the officer's presence or otherwise, and the officer is reasonably satisfied that the person:

     (1)  Has not offered satisfactory evidence of the person's identity;

     (2)  Will not appear in court at the time designated;

     (3)  Has an outstanding arrest warrant that would justify the person's detention or gives indication that the person might fail to appear in court;

     (4)  Committed an offense of such nature that there will be further police contact on or about the date in question, or in the immediate future;

     (5)  Must be detained to prevent bodily injury to that person or another person;

     (6)  Committed the offense of operating a vehicle under the influence of an intoxicant under section 291E-61; or

     (7)  Committed the offense of abuse of family or household members under section 709-906.

     (c)  In any case in which an officer arrests an individual for a petty misdemeanor or violation, the officer shall record which of the factors under subsection (b) justified the arrest.

     [(b)] (d)  For the purposes of this section, a police officer has probable cause to make an arrest when the facts and circumstances within the officer's knowledge and of which the officer has reasonably trustworthy information are sufficient in themselves to warrant a person of reasonable caution in the belief that a crime has been or is being committed."

     SECTION 3.  Section 803-6, Hawaii Revised Statutes, is amended to read as follows:

     "§803-6  Arrest, how made[.]; citations in lieu of arrest.  (a)  At or before the time of making an arrest, the person shall declare that the person is an officer of justice, if [such is the case.] applicable.  If the person has a warrant, the person [should] shall show it; or if the person makes the arrest without warrant in any of the cases in which it is authorized by law, the person [should] shall give the party arrested clearly to understand for what cause the person undertakes to make the arrest, and shall require the party arrested to submit and be taken to the police station or judge.  This done, the arrest is complete.

     (b)  In any case in which [it is lawful for] a police officer [to arrest] has probable cause to believe that a person [without a warrant for] committed a misdemeanor, petty misdemeanor, or violation, the police officer may[, but need not,] issue a citation in lieu of the requirements of subsection (a), [if] unless the police officer finds and is reasonably satisfied that:

     (1)  The person has not offered satisfactory evidence of the person's identity;

    [(1)] (2)  The person will not appear in court at the time designated;

    [(2)] (3)  The person has [no] an outstanding arrest [warrants] warrant that would justify the person's detention or [give] gives indication that the person might fail to appear in court; [and

     (3)] (4)  The offense is of such nature that there will be [no] further police contact on or about the date in question or in the immediate future[.]; or

     (5)  The person must be detained to prevent bodily injury to that person or another person.

     (c)  In any case in which it is lawful for a police officer to issue a citation in lieu of the requirements of subsection (a) for a petty misdemeanor or violation, the police officer shall issue a citation in lieu of the requirements of subsection (a), unless it is lawful for the police officer to arrest the person without a warrant for:

     (1)  A felony or misdemeanor offense;

     (2)  The offense of operating a vehicle under the influence of an intoxicant under section 291E-61; or

     (3)  The offense of abuse of family or household members under section 709-906.

Nothing in this subsection shall be construed to limit law enforcement discretion to issue a citation pursuant to subsection (b).

     (d)  No later than July 1, 2027, the judiciary shall promulgate a citation form for use by police officers that includes, at a minimum, all of the information described in subsection (e).  To the extent possible, the citation form shall be designed to:

     (1)  Facilitate data collection and sharing, including between law enforcement agencies, the criminal justice research institute, and any court reminder system managed by the judiciary; and

     (2)  Maximize the rate at which persons appear in court in response to the citation, by adhering to research and best practices on form design to improve court appearance rates.

     [(c)] (e)  The citation shall contain:

     (1)  The name of the offender;

     (2)  The current address of the offender, if available;

     (3)  The last four digits of the offender's social security number[,] and the offender's cell phone number and electronic mail address, if available[;], respectively;

     (4)  A description of the offender;

     (5)  The nature of the offense;

     (6)  The time and date of the offense;

     (7)  A notice of the time [and], date, and location for court appearance;

     (8)  The signature and badge number of the officer;

     (9)  The signature of the offender agreeing to court appearance, unless the offender refuses, or is unable to sign;

    (10)  Any remarks; [and]

    (11)  A notice directing the offender to appear at the time and place designated to stand trial for the offense indicated and a notice that failure to obey the citation may result in a fine or imprisonment, or both;

    (12)  Available options for citation resolution and options for persons unable to afford any fines or costs imposed; and

    (13)  The phone number and internet address of the court for questions or additional information relating to the court appearance;

provided that omission of any of the information listed in paragraphs (1) to [(11)] (13) or any error in the citation shall not be a ground for dismissal of a charge or for reversal of a conviction if the omission or error did not prejudice the defendant.  To the extent practicable, the citation shall place information described in paragraphs (7), (11), (12), and (13) at the top of the citation, before other administrative fields.

     [(d)] (f)  Where a citation has been issued in lieu of the requirements of subsection (a), the officer who issues the summons or citation may subscribe to the complaint:

     (1)  Under oath administered by any police officer whose name has been submitted to the prosecuting officer and who has been designated by the chief of police to administer the oath; or

     (2)  By declaration in accordance with the rules of court.

     [(e)] (g)  If a person fails to appear in answer to the citation[;], or if there is reasonable cause to believe that the person will not appear, a warrant for the person's arrest may be issued.  A knowing failure to appear in answer to the citation may be punished by a fine of not more than $1,000 or imprisonment of not more than thirty days, or both.

     (h)  A citation issued pursuant to this section shall be visible on the offender's criminal record."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 2050.

Report Title:

Judiciary; Arrests; Warrantless; Citations

Description:

Establishes factors under which officers may arrest and detain persons without a warrant for petty misdemeanors and violations, and requires officers to document the justification for the arrests.  Amends the circumstances under which officers may issue citations in lieu of arrest.  Requires officers to issue citations in lieu of arrest for certain petty misdemeanors and violations.  Requires the Judiciary to promulgate a standardized citation form and updates the required information for citations.  Requires citations be visible on an offender's criminal record.  Effective 7/1/2050.  (SD2)

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

A BILL FOR AN ACT

RELATING TO CRIMINAL JUSTICE REFORM.

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

     SECTION 1.  The legislature finds that arrests are commonly made at the initiation of a criminal case, but sometimes occur needlessly when the issuance of a citation to appear in court would have sufficed.  Arrests consume a significant portion of the limited resources of understaffed police departments, increase the number of people held in custody before trial, and contribute to overcrowding in correctional facilities.  Given the State's high cost of living and the significant percentage of families who live paycheck to paycheck, many arrestees cannot afford to post bail before trial.

     The legislature also finds that arrests are highly disruptive to a person's life.  Despite the fundamental principle of the presumption of innocence on which the justice system is built, arrests cause embarrassment and, in some cases, trauma, when they occur in the presence of family members, neighbors, or coworkers, or are publicized in the media.  Further, an arrest can significantly jeopardize the arrestee's housing and employment and set into motion a chain of economic and logistical hardships for the arrestee's family, especially when the arrestee is the main source of household income and cares for multiple dependents.

     Additionally, in the 2018 pretrial task force recommendations to the legislature, the first recommendation for reducing the pretrial jail population was:

Reinforce that law enforcement officers have discretion to issue citations, in lieu of arrest, for low level offenses and broaden discretion to include non-violent Class C felonies.  For low-risk defendants who have not demonstrated a risk of non-appearance in court or a risk of recidivism, officers should issue citations rather than arrest.

     The legislature finds that this Act does not address felonies and therefore only applies to misdemeanors, petty misdemeanors, and violations.  As such, it is not as expansive as many states or the recommendation made by the task force.

     Accordingly, the purpose of this Act is to reduce unnecessary arrests in criminal cases by:

     (1)  Amending the factors under which officers may arrest and detain persons without a warrant for petty misdemeanors and violations, and requiring officers to document the justification for the arrests;

     (2)  Amending the circumstances under which officers may issue citations in lieu of arrest;

     (3)  Requiring officers to issue citations in lieu of arrest for certain petty misdemeanors and violations; and

     (4)  Improving court appearance rates through a redesigned citation form and updated required citation information.

     SECTION 2.  Section 803-5, Hawaii Revised Statutes, is amended to read as follows:

     "§803-5  By police officer without warrant.  (a)  A police officer or other officer of justice, may, without warrant, arrest and detain for examination any person when the officer has probable cause to believe that [such] the person [has] committed any felony or misdemeanor offense, whether in the officer's presence or otherwise.

     (b)  A police officer or other officer of justice, may, without warrant, arrest and detain for examination any person when the officer has probable cause to believe that the person committed any petty misdemeanor or violation, whether in the officer's presence or otherwise, and the officer is reasonably satisfied that the person:

     (1)  Has not offered satisfactory evidence of the person's identity;

     (2)  Will not appear in court at the time designated;

     (3)  Has an outstanding arrest warrant that would justify the person's detention or gives indication that the person might fail to appear in court;

     (4)  Committed an offense of such nature that there will be further police contact on or about the date in question, or in the immediate future;

     (5)  Must be detained to prevent bodily injury to that person or another person;

     (6)  Committed the offense of operating a vehicle under the influence of an intoxicant under section 291E-61; or

     (7)  Committed the offense of abuse of family or household members under section 709-906.

     (c)  In any case in which an officer arrests an individual for a petty misdemeanor or violation, the officer shall record which of the factors under subsection (b) justified the arrest.

     [(b)] (d)  For the purposes of this section, a police officer has probable cause to make an arrest when the facts and circumstances within the officer's knowledge and of which the officer has reasonably trustworthy information are sufficient in themselves to warrant a person of reasonable caution in the belief that a crime has been or is being committed."

     SECTION 3.  Section 803-6, Hawaii Revised Statutes, is amended to read as follows:

     "§803-6  Arrest, how made[.]; citations in lieu of arrest.  (a)  At or before the time of making an arrest, the person shall declare that the person is an officer of justice, if [such is the case.] applicable.  If the person has a warrant, the person [should] shall show it; or if the person makes the arrest without warrant in any of the cases in which it is authorized by law, the person [should] shall give the party arrested clearly to understand for what cause the person undertakes to make the arrest, and shall require the party arrested to submit and be taken to the police station or judge.  This done, the arrest is complete.

     (b)  In any case in which [it is lawful for] a police officer [to arrest] has probable cause to believe that a person [without a warrant for] committed a misdemeanor, petty misdemeanor, or violation, the police officer may[, but need not,] issue a citation in lieu of the requirements of subsection (a), [if] unless the police officer finds and is reasonably satisfied that:

     (1)  The person has not offered satisfactory evidence of the person's identity;

    [(1)] (2)  The person will not appear in court at the time designated;

    [(2)] (3)  The person has [no] an outstanding arrest [warrants] warrant that would justify the person's detention or [give] gives indication that the person might fail to appear in court; [and]

    [(3)] (4)  The offense is of such nature that there will be [no] further police contact on or about the date in question or in the immediate future[.]; or

     (5)  The person must be detained to prevent bodily injury to that person or another person.

     (c)  In any case in which it is lawful for a police officer to issue a citation in lieu of the requirements of subsection (a) for a petty misdemeanor or violation, the police officer shall issue a citation in lieu of the requirements of subsection (a), unless it is lawful for the police officer to arrest the person without a warrant for:

     (1)  A felony or misdemeanor offense;

     (2)  The offense of operating a vehicle under the influence of an intoxicant under section 291E-61; or

     (3)  The offense of abuse of family or household members under section 709-906.

Nothing in this subsection limits law enforcement discretion to issue a citation pursuant to subsection (b).

     (d)  No later than July 1, 2027, the judiciary shall promulgate a citation form for use by police officers that includes, at a minimum, all of the information described in subsection (e).  To the extent possible, the citation form shall be designed to:

     (1)  Facilitate data collection and sharing, including between law enforcement agencies, the criminal justice research institute, and any court reminder system managed by the judiciary; and

     (2)  Maximize the rate at which persons appear in court in response to the citation, by adhering to research and best practices on form design to improve court appearance rates.

     [(c)] (e)  The citation shall contain:

     (1)  The name of the offender;

     (2)  The current address of the offender, if available;

     (3)  [The last four digits of the offender's social security number,] The offender's cell phone number and electronic mail address, if available;

     (4)  A description of the offender;

     (5)  The nature of the offense;

     (6)  The time and date of the offense;

     (7)  A notice of the time [and], date, and location for court appearance;

     (8)  The signature and badge number of the officer;

     (9)  The signature of the offender agreeing to court appearance, unless the offender refuses, or is unable to sign;

    (10)  Any remarks; [and]

    (11)  A notice directing the offender to appear at the time and place designated to stand trial for the offense indicated and a notice that failure to obey the citation may result in a fine or imprisonment, or both;

    (12)  Available options for citation resolution and options for persons unable to afford any fines or costs imposed; and

    (13)  The phone number and internet address of the court for questions or additional information relating to the court appearance;

provided that omission of any of the information listed in paragraphs (1) to [(11)] (13) or any error in the citation shall not be a ground for dismissal of a charge or for reversal of a conviction if the omission or error did not prejudice the defendant.  To the extent practicable, the citation shall place information described in paragraphs (7), (11), (12), and (13) at the top of the citation, before other administrative fields.

     [(d)] (f)  Where a citation has been issued in lieu of the requirements of subsection (a), the officer who issues the summons or citation may subscribe to the complaint:

     (1)  Under oath administered by any police officer whose name has been submitted to the prosecuting officer and who has been designated by the chief of police to administer the oath; or

     (2)  By declaration in accordance with the rules of court.

     [(e)] (g)  If a person fails to appear in answer to the citation[;], or if there is reasonable cause to believe that the person will not appear, a warrant for the person's arrest may be issued.  A knowing failure to appear in answer to the citation may be punished by a fine of not more than $1,000 or imprisonment of not more than thirty days, or both."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 2050.

Report Title:

Judiciary; Arrests; Warrantless; Citations

Description:

Establishes factors under which officers may arrest and detain persons without a warrant for petty misdemeanors and violations, and requires officers to document the justification for the arrests.  Amends the circumstances under which officers may issue citations in lieu of arrest.  Requires officers to issue citations in lieu of arrest for certain petty misdemeanors and violations.  Requires the Judiciary to promulgate a standardized citation form and updates the required information for citations.  Effective 7/1/2050.  (SD1)

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

A BILL FOR AN ACT

RELATING TO CRIMINAL JUSTICE REFORM.

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

     SECTION 1.  The legislature finds that arrests are commonly made at the initiation of a criminal case, but sometimes occur needlessly when the issuance of a citation to appear in court would have sufficed.  Arrests consume a significant portion of the limited resources of understaffed police departments, increase the number of people held in custody before trial, and contribute to overcrowding in correctional facilities.  Given Hawaii's high cost of living and the significant percentage of families who live paycheck to paycheck, many arrestees cannot afford to post bail before trial.

     The legislature also finds that arrests are highly disruptive to a person's life.  Despite the fundamental principle of the presumption of innocence on which the justice system is built, arrests cause embarrassment and, in some cases, trauma, when they occur in the presence of family members, neighbors, or coworkers, or are publicized in the media.  Further, an arrest can significantly jeopardize the arrestee's housing and employment and set into motion a chain of economic and logistical hardships for the arrestee's family, especially when the arrestee is the main source of household income and cares for multiple dependents.

     Additionally, in the 2018 pretrial task force recommendations to the legislature, the first recommendation for reducing the pretrial jail population was:

Reinforce that law enforcement officers have discretion to issue citations, in lieu of arrest, for low level offenses and broaden discretion to include non-violent Class C felonies.  For low-risk defendants who have not demonstrated a risk of non-appearance in court or a risk of recidivism, officers should issue citations rather than arrest.

     The legislature finds that this Act does not address felonies and therefore only applies to misdemeanors, petty misdemeanors, and violations.  As such, it is not as expansive as many states or the recommendation made by the task force.

     Accordingly, the purpose of this Act is to reduce unnecessary arrests in criminal cases by:

     (1)  Amending the factors under which officers may arrest and detain persons without a warrant for petty misdemeanors and violations, and requiring officers to document the justification for the arrests;

     (2)  Amending the circumstances under which officers may issue citations in lieu of arrest;

     (3)  Requiring officers to issue citations in lieu of arrest for certain petty misdemeanors and violations; and

     (4)  Improving court appearance rates through a redesigned citation form and updated required citation information.

     SECTION 2.  Section 803-5, Hawaii Revised Statutes, is amended to read as follows:

     "§803-5  By police officer without warrant.  (a)  A police officer or other officer of justice, may, without warrant, arrest and detain for examination any person when the officer has probable cause to believe that [such] the person [has] committed any felony or misdemeanor offense, whether in the officer's presence or otherwise.

     (b)  A police officer or other officer of justice, may, without warrant, arrest and detain for examination any person when the officer has probable cause to believe that the person committed any petty misdemeanor or violation, whether in the officer's presence or otherwise, and the officer is reasonably satisfied that the person:

     (1)  Has not offered satisfactory evidence of the person's identity;

     (2)  Will not appear in court at the time designated;

     (3)  Has an outstanding arrest warrant that would justify the person's detention or gives indication that the person might fail to appear in court;

     (4)  Committed an offense of such nature that there will be further police contact on or about the date in question, or in the immediate future;

     (5)  Must be detained to prevent bodily injury to that person or another person;

     (6)  Committed the offense of operating a vehicle under the influence of an intoxicant under section 291E-61; or

     (7)  Committed the offense of abuse of family or household members under section 709-906.

     (c)  In any case in which an officer arrests an individual for a petty misdemeanor or violation, the officer shall record which of the factors under subsection (b) justified the arrest.

     [(b)] (d)  For purposes of this section, a police officer has probable cause to make an arrest when the facts and circumstances within the officer's knowledge and of which the officer has reasonably trustworthy information are sufficient in themselves to warrant a person of reasonable caution in the belief that a crime has been or is being committed."

     SECTION 3.  Section 803-6, Hawaii Revised Statutes, is amended to read as follows:

     "§803-6  Arrest, how made[.]; citations in lieu of arrest.  (a)  At or before the time of making an arrest, the person shall declare that the person is an officer of justice, if [such is the case.] applicable.  If the person has a warrant, the person [should] shall show it; or if the person makes the arrest without warrant in any of the cases in which it is authorized by law, the person [should] shall give the party arrested clearly to understand for what cause the person undertakes to make the arrest, and shall require the party arrested to submit and be taken to the police station or judge.  This done, the arrest is complete.

     (b)  In any case in which [it is lawful for] a police officer [to arrest] has probable cause to believe that a person [without a warrant for] committed a misdemeanor, petty misdemeanor, or violation, the police officer may[, but need not,] issue a citation in lieu of the requirements of subsection (a), [if] unless the police officer finds and is reasonably satisfied that:

     (1)  The person has not offered satisfactory evidence of the person's identity;

    [(1)] (2)  The person will not appear in court at the time designated;

    [(2)] (3)  The person has [no] an outstanding arrest [warrants] warrant that would justify the person's detention or [give] gives indication that the person might fail to appear in court; [and]

    [(3)] (4)  The offense is of such nature that there will be [no] further police contact on or about the date in question or in the immediate future[.]; or

     (5)  The person must be detained to prevent bodily injury to that person or another person.

     (c)  In any case in which it is lawful for a police officer to issue a citation in lieu of the requirements of subsection (a) for a petty misdemeanor or violation, the police officer shall issue a citation in lieu of the requirements of subsection (a), unless it is lawful for the police officer to arrest the person without a warrant for:

     (1)  A felony or misdemeanor offense;

     (2)  The offense of operating a vehicle under the influence of an intoxicant under section 291E-61; or

     (3)  The offense of abuse of family or household members under section 709-906.

Nothing in this subsection limits law enforcement discretion to issue a citation pursuant to subsection (b).

     (d)  No later than July 1, 2027, the judiciary shall promulgate a citation form for use by police officers that includes, at a minimum, all of the information described in subsection (e).  To the extent possible, the citation form shall be designed to:

     (1)  Facilitate data collection and sharing, including between law enforcement agencies, the criminal justice research institute, and any court reminder system managed by the judiciary; and

     (2)  Maximize the rate at which persons appear in court in response to the citation, by adhering to research and best practices on form design to improve court appearance rates.

     [(c)] (e)  The citation shall contain:

     (1)  The name of the offender;

     (2)  The current address of the offender, if available;

     (3)  [The last four digits of the offender's social security number,] The offender's cell phone number and electronic mail address, if available;

     (4)  A description of the offender;

     (5)  The nature of the offense;

     (6)  The time and date of the offense;

     (7)  A notice of the time [and], date, and location for court appearance;

     (8)  The signature and badge number of the officer;

     (9)  The signature of the offender agreeing to court appearance, unless the offender refuses, or is unable to sign;

    (10)  Any remarks; [and]

    (11)  A notice directing the offender to appear at the time and place designated to stand trial for the offense indicated and a notice that failure to obey the citation may result in a fine or imprisonment, or both;

    (12)  Available options for citation resolution and options for persons unable to afford any fines or costs imposed; and

    (13)  The phone number and internet address of the court for questions or additional information relating to the court appearance;

provided that omission of any of the information listed in paragraphs (1) to [(11)] (13) or any error in the citation shall not be a ground for dismissal of a charge or for reversal of a conviction if the omission or error did not prejudice the defendant.  To the extent practicable, the citation shall place information described in paragraphs (7), (11), (12), and (13) at the top of the citation, before other administrative fields.

     [(d)] (f)  Where a citation has been issued in lieu of the requirements of subsection (a), the officer who issues the summons or citation may subscribe to the complaint:

     (1)  Under oath administered by any police officer whose name has been submitted to the prosecuting officer and who has been designated by the chief of police to administer the oath; or

     (2)  By declaration in accordance with the rules of court.

     [(e)] (g)  If a person fails to appear in answer to the citation[;], or if there is reasonable cause to believe that the person will not appear, a warrant for the person's arrest may be issued.  A knowing failure to appear in answer to the citation may be punished by a fine of [not] no more than $1,000 or imprisonment of [not] no more than thirty days, or both."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

Report Title:

Judiciary; Arrests; Warrantless; Citations

Description:

Establishes factors under which officers may arrest and detain persons without a warrant for petty misdemeanors and violations, and requires officers to document the justification for the arrests.  Amends the circumstances under which officers may issue citations in lieu of arrest.  Requires officers to issue citations in lieu of arrest for certain petty misdemeanors and violations.  Requires the Judiciary to promulgate a standardized citation form and updates the required information for citations.

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

STAND. COM. REP. NO. 3080

Honolulu, Hawaii

RE:     S.B. No. 2730

        S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 2730, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CRIMINAL JUSTICE REFORM,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Establish factors under which officers may arrest and detain persons without a warrant for petty misdemeanors and violations, and require officers to document the justification for the arrests;

     (2)  Amend the circumstances under which officers may issue citations in lieu of arrest;

     (3)  Require officers to issue citations in lieu of arrest for certain petty misdemeanors and violations; and

     (4)  Require the Judiciary to promulgate a standardized citation form and update the required information for citations.

     Your Committee received testimony in support of this measure from the Office of Hawaiian Affairs, Libertarian Party of Hawaii, ACLU Hawaiʻi, and one individual.

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

     Your Committee received comments on this measure from the Judiciary.

     Your Committee finds that arrest is among the most serious forms of government intervention and can bring immediate and lasting consequences, including loss of employment, housing instability, family disruption, and increased likelihood of deeper justice system involvement.  These consequences may occur even when an individual is presumed innocent and ultimately not convicted.  This measure will reduce unnecessary detention while maintaining accountability by reinforcing the use of citations in lieu of arrest as the default response for low-level offenses but preserving law enforcement discretion to arrest when necessary to protect public safety or ensure court appearance.

     Your Committee notes that this measure proposes to amend the citation form in section 803-6(e)(3), Hawaii Revised Statutes, by removing the last four digits of the offender's social security numbers in a citation.  Your Committee further notes that this may contribute to identification issues in court and the charging of subsequent cases involving the same offender.  Therefore, amendments to this measure are necessary to ensure the proper identification of offenders.

     Accordingly, your Committee has amended this measure by:

     (1)  Restoring language that requires citations to include the last four digits of the offender's social security number, if available;

     (2)  Requiring citations be visible on the offender's criminal record; and

     (3)  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. 2730, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2730, S.D. 2.

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

STAND. COM. REP. NO. 2364

Honolulu, Hawaii

RE:     S.B. No. 2730

        S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

     Your Committee on Public Safety and Military Affairs, to which was referred S.B. No. 2730 entitled:

"A BILL FOR AN ACT RELATING TO CRIMINAL JUSTICE REFORM,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Establish factors under which officers may arrest and detain persons without a warrant for petty misdemeanors and violations, and require officers to document the justification for the arrests;

     (2)  Amend the circumstances under which officers may issue citations in lieu of arrest;

     (3)  Require officers to issue citations in lieu of arrest for certain petty misdemeanors and violations; and

     (4)  Require the Judiciary to promulgate a standardized citation form and update the required information for citations.

     Your Committee received testimony in support of this measure from the Office of the Public Defender, Maui Police Department, Policing Project at the NYU School of Law, ideas42, and one individual.

     Your Committee received testimony in opposition to this measure from the Department of the Attorney General, Office of the Prosecuting Attorney of the County of Kauai, Department of the Prosecuting Attorney for the City and County of Honolulu, Office of the Prosecuting Attorney of the County of Hawaii, Department of the Prosecuting Attorney of the County of Maui, Kauaʻi Police Department, Hawaii Police Department, Retail Merchants of Hawaii, and three individuals.

     Your Committee received comments on this measure from the Judiciary.

     Your Committee finds that individuals who are unnecessarily held in custody before trial increase the costs to the State, burden understaffed police departments, and lead to overcrowding in correctional facilities.  This problem is exacerbated when law enforcement officers make warrantless arrests for minor offenses, even when a citation would be sufficient.  Moreover, excessive use of warrantless arrests can unnecessarily harm relations between law enforcement officers and the public.  This measure will enact reasonable restrictions, similar to those already found in many other states, to ensure that officers do not spend resources arresting people for low-level offenses unless there is an articulable public safety reason to believe an arrest is needed.

     Your Committee has amended this measure by:

     (1)  Inserting an effective date of July 1, 2050, to encourage further discussion; and

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

     As affirmed by the record of votes of the members of your Committee on Public Safety and Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2730, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2730, S.D. 1, and be referred to your Committee on Judiciary.

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