SB 2731: Penal Code; Misdemeanors; Sentencing; Nonviolent Offenses
- Session Year: 2025-2026
- House: Senate
- Latest Version Date: 2026-04-08
Current Status:
Failed
(2026-04-16: Received notice of disagreement (Sen. Com. No. 710).)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
What does this bill do?
The bill lowers the maximum jail term for misdemeanors and other crimes now punishable by up to one year to 364 days. It also lets people who were already sentenced to one year ask the court that convicted them to shorten their sentence to the new 364‑day limit.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Limits the maximum term of imprisonment for misdemeanors, or for offenses punishable by up to or not exceeding one year, to three hundred sixty-four days. Allows individuals previously sentenced to a one-year term of imprisonment to apply to the court for a sentence modification to conform to the new limit. Effective 7/1/3000. (HD1)
Limits the maximum term of imprisonment for misdemeanors that are not crimes of violence, or for offenses that are not crimes of violence punishable by up to or not exceeding one year, to three hundred sixty-four days. Allows individuals previously sentenced to a one-year term of imprisonment for an offense that is not a crime of violence to apply to the court for a sentence modification to conform to the new limit. (SD1)
Limits the maximum term of imprisonment for misdemeanors, or for offenses punishable by up to or not exceeding one year, to three hundred sixty-four days. Allows individuals previously sentenced to a one-year term of imprisonment to apply to the court for a sentence modification to conform to the new limit.
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THE SENATE |
S.B. NO. |
2731 |
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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 SENTENCING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 706, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§706- Limitation on term of imprisonment for nonviolent offenses punishable by up to or not exceeding one year; sentence modification. (1) Notwithstanding any other law to the contrary, any offense that is punishable under state law by a term of imprisonment up to or not exceeding one year
shall be punishable by a term of imprisonment not to exceed three hundred sixty-four days.
(2) A person who was sentenced to a term of imprisonment of one year for an offense before the effective date of this Act may submit an application to the trial court that entered the judgment of conviction to modify the sentence to a term not to exceed the maximum term specified in subsection (1)."
SECTION 2. Section 706-663, Hawaii Revised Statutes, is amended to read as follows:
"§706-663 Sentence of imprisonment for misdemeanor and
petty misdemeanor. (1)
After consideration of the factors set forth in sections 706-606 and
706-621, the court may sentence a person who has been convicted of a
misdemeanor or a petty misdemeanor to imprisonment for a definite term to be
fixed by the court and not to exceed [one year] three hundred
sixty-four days in the case of a misdemeanor or thirty days in the case of
a petty misdemeanor."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 3000.
Report Title:
Penal Code; Misdemeanors; Sentencing; Nonviolent Offenses
Description:
Limits the maximum term of imprisonment for misdemeanors, or for offenses punishable by up to or not exceeding one year, to three hundred sixty-four days. Allows individuals previously sentenced to a one-year term of imprisonment to apply to the court for a sentence modification to conform to the new limit. 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. |
2731 |
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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 SENTENCING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 706, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§706- Limitation on term of imprisonment for nonviolent offenses punishable by up to or not exceeding one year; sentence modification. (1) Notwithstanding any other law to the contrary, any offense that is:
(a) Not a crime of violence; and
(b) Punishable under state law by a term of imprisonment up to or not exceeding one year,
shall be punishable by a term of imprisonment not to exceed three hundred sixty-four days.
(2) A person who was sentenced to a term of imprisonment of one year for an offense that is not a crime of violence before the effective date of this Act may submit an application to the trial court that entered the judgment of conviction to modify the sentence to a term not to exceed the maximum term specified in subsection (1).
(3) For the purposes of this section, "crime of violence" has the same meaning as defined in section 134-1."
SECTION 2. Section 706-663, Hawaii Revised Statutes, is amended to read as follows:
"§706-663 Sentence of imprisonment for misdemeanor and
petty misdemeanor. (1)
After consideration of the factors set forth in sections 706-606 and
706-621, the court may sentence a person who has been convicted of a
misdemeanor or a petty misdemeanor to imprisonment for a definite term to be
fixed by the court and not to exceed [one year] three hundred
sixty-four days in the case of a misdemeanor or thirty days in the case of
a petty misdemeanor[.]; provided that if the person has been
convicted of a misdemeanor that is a crime of violence, the court may sentence
the person to imprisonment for a definite term to be fixed by the court and not
to exceed one year.
(2) For the purposes of this section, "crime of violence" has the same meaning as defined in section 134-1."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
Report Title:
Penal Code; Misdemeanors; Sentencing; Nonviolent Offenses
Description:
Limits the maximum term of imprisonment for misdemeanors that are not crimes of violence, or for offenses that are not crimes of violence punishable by up to or not exceeding one year, to three hundred sixty-four days. Allows individuals previously sentenced to a one-year term of imprisonment for an offense that is not a crime of violence to apply to the court for a sentence modification to conform to the new limit. (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. |
2731 |
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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 SENTENCING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 706, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§706- Limitation on term of imprisonment for offenses punishable by up to or not exceeding one year; sentence modification. (1) Notwithstanding any other law to the contrary, any offense punishable under state law by a term of imprisonment up to or not exceeding one year shall be punishable by a term of imprisonment not to exceed three hundred sixty-four days.
(2) A person who was sentenced to a term of imprisonment of one year before the effective date of this Act may submit an application to the trial court that entered the judgment of conviction to modify the sentence to a term not to exceed the maximum term specified in subsection (1)."
SECTION 2. Section 706-663, Hawaii Revised Statutes, is amended to read as follows:
"§706-663 Sentence of imprisonment for misdemeanor and
petty misdemeanor. After consideration of the factors set forth
in sections 706-606 and 706-621, the court may sentence a person who has been
convicted of a misdemeanor or a petty misdemeanor to imprisonment for a
definite term to be fixed by the court and not to exceed [one year] three
hundred sixty-four days in the case of a misdemeanor or thirty days in the
case of a petty misdemeanor."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
_____________________________ |
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Report Title:
Penal Code; Misdemeanors; Sentencing
Description:
Limits the maximum term of imprisonment for misdemeanors, or for offenses punishable by up to or not exceeding one year, to three hundred sixty-four days. Allows individuals previously sentenced to a one-year term of imprisonment to apply to the court for a sentence modification to conform to the new limit.
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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Date
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Status
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| 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. 696). |
| Apr 14, 2026 | Passed Third Reading with Representative(s) Cochran, Shimizu, Souza voting aye with reservations; Representative(s) Garcia, Kila, Olds, Pierick voting no (4) and Representative(s) Quinlan excused (1). Transmitted to Senate. |
| Apr 9, 2026 | Passed Second Reading as amended in HD 1; placed on the calendar for Third Reading with Representative(s) Alcos, Shimizu voting aye with reservations; Representative(s) Garcia, Muraoka, Pierick voting no (3) and Representative(s) Cochran excused (1). |
| Apr 9, 2026 | Reported from JHA (Stand. Com. Rep. No. 1981-26) as amended in HD 1, recommending passage on Second Reading and placement on the calendar for Third Reading. |
| Mar 31, 2026 | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 6 Ayes: Representative(s) Tarnas, Poepoe, Hashem, Kahaloa, Takayama; Ayes with reservations: Representative(s) Cochran; 2 Noes: Representative(s) Garcia, Shimizu; and 2 Excused: Representative(s) Belatti, Sayama. |
| Mar 25, 2026 | Bill scheduled for decision making on Tuesday, 03-31-26 2:00PM in conference room 325 VIA VIDEOCONFERENCE. |
| Mar 18, 2026 | The committee(s) on JHA recommend(s) that the measure be deferred. |
| Mar 16, 2026 | Bill scheduled to be heard by JHA on Wednesday, 03-18-26 2:00PM in House conference room 325 VIA VIDEOCONFERENCE. |
| Mar 12, 2026 | Referred to JHA, referral sheet 17 |
| Mar 12, 2026 | Pass First Reading |
| Mar 10, 2026 | Received from Senate (Sen. Com. No. 289) in amended form (SD 1). |
| Mar 10, 2026 | Passed Third Reading, as amended (SD 1). Ayes, 23; Aye(s) with reservations: none. Noes, 2 (Senator(s) Awa, DeCorte). 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. 2813) with recommendation of passage on Second Reading, as amended (SD 1) and placement on the calendar for Third Reading. |
| Feb 25, 2026 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 4 Aye(s): Senator(s) Rhoads, Gabbard, Chang, San Buenaventura; Aye(s) with reservations: none ; 1 No(es): Senator(s) Awa; and 0 Excused: none. |
| Feb 18, 2026 | The committee(s) on JDC deferred the measure until 02-25-26 10:45AM; Conference Room 016 & Videoconference. |
| Feb 11, 2026 | The committee(s) on JDC has scheduled a public hearing on 02-18-26 9:05AM; Conference Room 016 & Videoconference. |
| Feb 4, 2026 | Re-Referred to JDC. |
| Jan 30, 2026 | Referred to PSM, JDC. |
| Jan 26, 2026 | Passed First Reading. |
| Jan 23, 2026 | Introduced. |
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Date
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Description
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Location
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Votes
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| Apr 14, 2026 | Third Reading | House Floor |
Passed |
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| Mar 31, 2026 | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Judiciary & Hawaiian Affairs |
Passed |
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| Mar 10, 2026 | Third Reading | Senate Floor |
Passed |
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| Feb 25, 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.
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Organization
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Position
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Date
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| ACLU of Hawai‘i | *** Support | Mar 18, 2026 |
| Community Alliance on Prisons | *** Support | Mar 18, 2026 |
| El Pueblo en Acción (EPA) Maui | *** Support | Mar 18, 2026 |
| Fujiwara and Rosenbaum, LLLC | ** Support | |
| Hawaiʻi Coalition for Immigrant Rights | ** Support | |
| Imua Alliance | ** Support | |
| Indivisible Hawaii | *** Support | Feb 18, 2026 |
| Maui Roots Reborn | *** Support | Mar 18, 2026 |
| Office of Hawaiian Affairs | *** Support | Mar 18, 2026 |
| Office of the Public Defender | ** Support | |
| Roots Reborn | *** Support | Mar 18, 2026 |
| State of Hawaiʻi, Office of the Public Defender | *** Support | Feb 18, 2026 |
| The Legal Clinic (TLC) | *** Support | Mar 18, 2026 |
| William S. Richardson School of Law Refugee & Immigration Clinic | *** Support | Mar 18, 2026 |
STAND. COM. REP. NO. 2813
Honolulu, Hawaii
RE: S.B. No. 2731
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. 2731 entitled:
"A BILL FOR AN ACT RELATING TO SENTENCING,"
begs leave to report as follows:
The purpose and intent of this measure is to:
(1) Limit the maximum term of imprisonment for misdemeanors, or for offenses punishable by up to or not exceeding one year, to three hundred sixty-four days; and
(2) Allow individuals previously sentenced to a one-year term of imprisonment to apply to the court for a sentence modification to conform to the new limit.
Your Committee received testimony in support of this measure from the Office of the Public Defender; Office of Hawaiian Affairs; ACLU Hawaiʻi; Community Alliance on Prisons; Hawaiʻi Coalition for Immigrant Rights; The Legal Clinic; Roots Reborn; William S. Richardson School of Law Refugee and Immigration Law Clinic; Imua Alliance; Fujiwara and Rosenbaum, LLLC; and six individuals.
Your Committee finds that the criminal legal system has disproportionate impacts on marginalized communities, including immigrants. Under federal law, convictions that may be punishable by a year or more in prison can lead to detention, denial of necessary forms of immigration relief, and deportation for immigrants. Under the State's existing sentencing laws, residents who commit misdemeanors and are seeking lawful status face unduly harsh consequences in their immigration proceedings, even after taking accountability for their actions. This measure will ensure that immigrants in the State will still be held accountable for crimes without being subjected to disproportionate punishment that could destabilize families and communities by triggering negative immigration consequences.
Your Committee has amended this measure by:
(1) Excluding crimes of violence from the limit to the maximum term of imprisonment for misdemeanors, or for offenses punishable by up to or not exceeding one year, of three hundred sixty-four days;
(2) Specifying that individuals previously sentenced to a one-year term of imprisonment may apply to the court for a sentence modification to conform to the new limit only if they were sentenced for a crime that was not a crime of violence; 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. 2731, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2731, 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
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| Mar 18, 2026 | SB2731_SD1_TESTIMONY_JHA_03-18-26_.PDF |
| Feb 18, 2026 | SB2731_TESTIMONY_JDC_02-18-26_.PDF |
Discussed in Hearing
2MIN
House Standing Committee on Judiciary & Hawaiian Affairs
15MIN
House Standing Committee on Judiciary & Hawaiian Affairs
1MIN
Senate Standing Committee on Judiciary
9MIN
Senate Standing Committee on Judiciary
9MIN
Senate Standing Committee on Water, Land, Culture and the Arts
Bill Author
Bill Co-Author(s):
