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HB128
HOUSE OF REPRESENTATIVES
H.B. NO.
128
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
RELATING
TO CRIMINAL JUSTICE REFORM
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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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.
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The
legislature also finds that arrests are highly disruptive to a person's
life.
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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.
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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.
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Accordingly,
the purpose of this Act is to reduce the number of unnecessary arrests made in
criminal cases by:
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(1)
�
Establishing factors under which
officers may, without warrant, arrest and detain persons for petty misdemeanors
and violations; and
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(2)
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Requiring officers to record the
factors that justified the warrantless arrest.
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SECTION
2
.
�
Section 803-5,
Hawaii Revised Statutes, is amended to read as follows:
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"
�803-5
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By police officer without warrant.
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(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.
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(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:
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(1)
�
Will not appear in court at the time
designated;
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(2)
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Has an outstanding arrest warrant that
would justify the person's detention or gives indication that the person might
fail to appear in court;
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(3)
�
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; or
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(4)
�
Must be detained to prevent bodily
injury to that person or another person.
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(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.
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[
(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."
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SECTION
3
.
�
Section 803-6,
Hawaii Revised Statutes, is amended as follows:
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1.
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By amending its title to read:
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"
�803-6
�
Arrest, how made[
.
]
; citations in lieu of arrest.
"
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2.
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By amending subsection (b) to read
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"(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
the police officer finds and is reasonably satisfied that the person:
����
(1)
�
Will appear in court at the time
designated;
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(2)
�
Has no outstanding arrest warrants [
which
]
that
would justify the person's detention or give indication that the
person might fail to appear in court; and
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(3)
�
That 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."
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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.
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SECTION
5.
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Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.
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SECTION
6.
�
This Act shall take effect upon its
approval.
INTRODUCED BY:
_____________________________
Report Title:
Arrests;
Warrantless; Citations
Description:
Establishes
factors under which officers may, without warrant, arrest and detain persons
for petty misdemeanors and violations.
�
Requires officers to record the factors that justified the warrantless
arrest.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.