SB 2830
- Session Year: 2025-2026
- House: Senate
- Latest Version Date: 2026-03-10
Current Status:
Failed
(2026-03-18: Referred to JHA, referral sheet 18)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
What does this bill do?
This floor amendment to Senate Bill 2830, S.D.1 changes the bill’s start date so the act would take effect on March 22, 2075.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Extends the statute of limitations for offenses based on misconduct in office by a public servant to allow prosecution at any time during the defendant's period of public service and up to ten years thereafter. Effective 3/22/2075. (SD2)
Extends the statute of limitations for offenses based on misconduct in office by a public servant to allow prosecution at any time during the defendant's period of public service and up to ten years thereafter. (SD1)
Extends the statute of limitations for offenses based on misconduct in office by a public servant to allow prosecution at any time during the defendant's period of public service and up to ten years thereafter.
SENATE FLOOR AMENDMENT
FLOOR AMENDMENT NO. Date
TO: Senate Bill No. 2830, S.D. 1
SECTION 1. Senate Bill No. 2830, S.D. 1, section 3, is amended by amending page 3, line 3, to read as follows:
"SECTION 3. This Act shall take effect on March 22, 2075."
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Offered by: |
( ) Carried
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( ) Failed to Carry
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( ) Withdrawn
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THE SENATE |
S.B. NO. |
2830 |
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THIRTY-THIRD LEGISLATURE, 2026 |
S.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO MISCONDUCT BY A PUBLIC SERVANT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 701-108, Hawaii Revised Statutes, is amended by amending subsection (3) to read as follows:
"(3) If the period prescribed in subsection (2) has expired, a prosecution may nevertheless be commenced for:
(a) Any offense an element of which is fraud, deception as defined in section 708-800, or a breach of fiduciary obligation or the offense of medical assistance fraud under section 346-43.5, within three years after discovery of the offense by an aggrieved party or by a person who has a legal duty to represent an aggrieved party and who is oneself not a party to the offense, but in no case shall this provision extend the period of limitation by more than six years from the expiration of the period of limitation prescribed in subsection (2);
(b) Any offense based on misconduct in office by a
public servant at any time when the defendant is in public office or employment
or within [two] ten years thereafter[, but in no case shall
this provision extend the period of limitation by more than three years from
the expiration of the period of limitation prescribed in subsection (2); and].
For the purposes of this paragraph, "misconduct in office" means
conduct that constitutes an offense in which the defendant's official position,
duties, or authority is an element of the offense or is used to facilitate the
commission of the offense, including abuse of authority, breach of public
trust, or misuse of public resources; and
(c) Any felony offense involving evidence containing
deoxyribonucleic acid from the offender, if a test confirming the presence of
deoxyribonucleic acid is performed [prior to] before expiration
of the period of limitation prescribed in subsection (2), but in no case shall
this provision extend the period of limitation by more than ten years from the
expiration of the period of limitation prescribed in subsection (2)."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect on March 22, 2075.
Report Title:
Penal Code; Statute of Limitations; Misconduct in Office; Public Servants
Description:
Extends the statute of limitations for offenses based on misconduct in office by a public servant to allow prosecution at any time during the defendant's period of public service and up to ten years thereafter. Effective 3/22/2075. (SD2)
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. |
2830 |
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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 MISCONDUCT BY A PUBLIC SERVANT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 701-108, Hawaii Revised Statutes, is amended by amending subsection (3) to read as follows:
"(3) If the period prescribed in subsection (2) has expired, a prosecution may nevertheless be commenced for:
(a) Any offense an element of which is fraud, deception as defined in section 708-800, or a breach of fiduciary obligation or the offense of medical assistance fraud under section 346-43.5, within three years after discovery of the offense by an aggrieved party or by a person who has a legal duty to represent an aggrieved party and who is oneself not a party to the offense, but in no case shall this provision extend the period of limitation by more than six years from the expiration of the period of limitation prescribed in subsection (2);
(b) Any offense based
on misconduct in office by a public servant at any time when the defendant is
in public office or employment or within [two] ten years
thereafter[, but in no case shall this provision extend the period of
limitation by more than three years from the expiration of the period of
limitation prescribed in subsection (2); and]. For the purposes of this paragraph,
"misconduct in office" means conduct that constitutes an offense in
which the defendant's official position, duties, or authority is an element of
the offense or is used to facilitate the commission of the offense, including
abuse of authority, breach of public trust, or misuse of public resources; and
(c) Any felony offense
involving evidence containing deoxyribonucleic acid from the offender, if a
test confirming the presence of deoxyribonucleic acid is performed [prior to]
before expiration of the period of limitation prescribed in subsection
(2), but in no case shall this provision extend the period of limitation by
more than ten years from the expiration of the period of limitation prescribed
in subsection (2)."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
Report Title:
Penal Code; Statute of Limitations; Misconduct in Office; Public Servants
Description:
Extends the statute of limitations for offenses based on misconduct in office by a public servant to allow prosecution at any time during the defendant's period of public service and up to ten years thereafter. (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. |
2830 |
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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 MISCONDUCT BY A PUBLIC SERVANT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 701-108, Hawaii Revised Statutes, is amended by amending subsection (3) to read as follows:
"(3) If the period prescribed in subsection (2) has expired, a prosecution may nevertheless be commenced for:
(a) Any offense an element of which is fraud, deception as defined in section 708-800, or a breach of fiduciary obligation or the offense of medical assistance fraud under section 346-43.5, within three years after discovery of the offense by an aggrieved party or by a person who has a legal duty to represent an aggrieved party and who is oneself not a party to the offense, but in no case shall this provision extend the period of limitation by more than six years from the expiration of the period of limitation prescribed in subsection (2);
(b) Any offense based
on misconduct in office by a public servant at any time when the defendant is
in public office or employment or within [two] ten years
thereafter[, but in no case shall this provision extend the period of
limitation by more than three years from the expiration of the period of
limitation prescribed in subsection (2)]; and
(c) Any felony offense
involving evidence containing deoxyribonucleic acid from the offender, if a
test confirming the presence of deoxyribonucleic acid is performed [prior to]
before expiration of the period of limitation prescribed in subsection
(2), but in no case shall this provision extend the period of limitation by
more than ten years from the expiration of the period of limitation prescribed
in subsection (2)."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
_____________________________ |
Report Title:
Penal Code; Statute of Limitations; Misconduct in Office; Public Servants
Description:
Extends the statute of limitations for offenses based on misconduct in office by a public servant to allow prosecution at any time during the defendant's period of public service and up to ten years thereafter.
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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| Mar 18, 2026 | Referred to JHA, referral sheet 18 |
| Mar 12, 2026 | Pass First Reading |
| Mar 12, 2026 | Received from Senate (Sen. Com. No. 407) in amended form (SD 2). |
| Mar 12, 2026 | Passed Third Reading, as amended (SD 2). Ayes, 24; Aye(s) with reservations: none . Noes, 0 (none). Excused, 1 (Senator(s) Fevella). Transmitted to House. |
| Mar 10, 2026 | 48 Hrs. Notice 03-12-26 |
| Mar 10, 2026 | Floor amendment adopted as amended (SD 2). |
| Mar 10, 2026 | Floor Amendment No. 3 offered. |
| Mar 6, 2026 | 48 Hrs. Notice 3-10-26. |
| Mar 6, 2026 | Report adopted; Passed Second Reading, as amended (SD 1). |
| Mar 6, 2026 | Reported from JDC (Stand. Com. Rep. No. 2887) 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: 5 Aye(s): Senator(s) Rhoads, Gabbard, Chang, San Buenaventura, Awa; Aye(s) with reservations: none ; 0 No(es): none; 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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| Mar 12, 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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| Green Party of Hawaiʻi | ** Support | |
| Hawaiʻi Alliance for Progressive Action | ** Support | |
| Imua Alliance | ** Support | |
| Kingdom of The Hawaiian Islands | *** Support | Feb 18, 2026 |
| Office of the Public Defender | ** Against | |
| Ohana Unity Party | *** Support | Feb 18, 2026 |
STAND. COM. REP. NO. 2887
Honolulu, Hawaii
RE: S.B. No. 2830
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. 2830 entitled:
"A BILL FOR AN ACT RELATING TO MISCONDUCT BY A PUBLIC SERVANT,"
begs leave to report as follows:
The purpose and intent of this measure is to extend the statute of limitations for offenses based on misconduct in office by a public servant to allow prosecution at any time during the defendant's period of public service and up to ten years thereafter.
Your Committee received testimony in support of this measure from the Hawaiʻi Alliance for Progressive Action, Green Party of Hawaiʻi, Imua Alliance, and twenty-one individuals.
Your Committee received testimony in opposition to this measure from the Office of the Public Defender.
Your Committee finds that misconduct in office is rarely obvious, as it may involve concealment, misuse of authority, and systems that protect those in power. When the statute of limitations expires before wrongdoing is discovered, it sends a clear message to the public that if the misconduct is hidden long enough, it can escape consequence. This measure will ensure that time cannot be weaponized as a shield against accountability and reinforce the principle that public service carries an ongoing responsibility.
Your Committee has amended this measure by defining "misconduct in office" to mean conduct that constitutes an offense in which the defendant's official position, duties, or authority is an element of the offense or is used to facilitate the commission of the offense, including abuse of authority, breach of public trust, or misuse of public resources.
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. 2830, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2830, 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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| Feb 18, 2026 | SB2830_TESTIMONY_JDC_02-18-26_.PDF |
Discussed in Hearing
1MIN
Senate Standing Committee on Judiciary
4MIN
Senate Standing Committee on Judiciary
4MIN
Senate Standing Committee on Water, Land, Culture and the Arts
1MIN
Senate Standing Committee on Judiciary
1MIN
Senate Standing Committee on Water, Land, Culture and the Arts
Bill Author
Bill Co-Author(s):