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HB1487 • 2026

RELATING TO THE PENAL CODE.

RELATING TO THE PENAL CODE.

Crime
Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor
OLDS, ALCOS, GARCIA, KILA, LEE, M., MURAOKA, QUINLAN
Last action
2025-12-08
Official status
Carried over to 2026 Regular Session.
Effective date
Not listed

Plain English Breakdown

The official source material does not provide specific details on penalties or exact dates when the bill might become law.

Changes to Hawaii's Criminal Laws

This bill changes the penalties for criminal trespassing and property damage in Hawaii, making some offenses more serious.

What This Bill Does

  • Increases the penalty for first-degree criminal trespass from a misdemeanor to a class C felony.
  • Increases the penalty for second-degree criminal trespass from a petty misdemeanor to a misdemeanor.
  • Changes the classification of second-degree criminal property damage from a class C felony to a class B felony.
  • Raises the severity level of third-degree criminal property damage from a misdemeanor to a class C felony.
  • Removes the reduction in penalties for fourth-degree criminal property damage.

Who It Names or Affects

  • People who commit first or second degree criminal trespass in Hawaii will face harsher penalties.
  • Individuals found guilty of second, third, and fourth degree criminal property damage will receive more severe punishments.

Terms To Know

Felony
A serious crime that can result in a prison sentence of at least one year or even death.
Misdemeanor
A less severe criminal offense than a felony, usually punishable by up to one year in jail.

Limits and Unknowns

  • The bill does not specify when it will become law.
  • It is unclear how many people will be affected by these changes.

Bill History

  1. 2025-12-08 D

    Carried over to 2026 Regular Session.

  2. 2025-01-27 H

    Referred to JHA, referral sheet 4

  3. 2025-01-23 H

    Introduced and Pass First Reading.

Official Summary Text

RELATING TO THE PENAL CODE.
Penal Code; Criminal Trespass; Criminal Property Damage; Penalties
Increases the category of offense for criminal trespass in the first and second degree and criminal property damage in the second, third, and fourth degree.

Current Bill Text

Read the full stored bill text 
HB1487

HOUSE OF REPRESENTATIVES

H.B. NO.

1487

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

RELATING
TO THE PENAL CODE
.

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

����
SECTION
1
.
�
Section 706-606.5, Hawaii Revised Statutes,
is amended as follows:

����
1.
�
By amending subsection (1) to read:

����
"(1)
�
Notwithstanding section 706-669 and any other
law to the contrary, any person convicted of murder in the second degree, any
class A felony, any class B felony, or any of the following class C felonies:

����
(a)
�
Section 134-7
relating to persons prohibited from owning, possessing, or controlling firearms
or ammunition;

����
(b)
�
Section 134-8
relating to ownership, etc., of certain prohibited weapons;

����
(c)
�
Section 134-17
only as it relates to providing false information or evidence to obtain a
permit under section 134-9;

����
(d)
�
Section 188-23
relating to possession or use of explosives, electrofishing devices, and
poisonous substances in state waters;

����
(e)
�
Section
386-98(d)(1) relating to fraud violations and penalties;

����
(f)
�
Section
431:2-403(b)(2) relating to insurance fraud;

����
(g)
�
Section 707-703
relating to negligent homicide in the second degree;

����
(h)
�
Section 707-711
relating to assault in the second degree;

����
(i)
�
Section 707-713
relating to reckless endangering in the first degree;

����
(j)
�
Section 707-716
relating to terroristic threatening in the first degree;

����
(k)
�
Section 707-721
relating to unlawful imprisonment in the first degree;

����
(l)
�
Section 707-732
relating to sexual assault in the third degree;

����
(m)
�
Section 707-752
relating to promoting child abuse in the third degree;

����
(n)
�
Section 707-757
relating to electronic enticement of a child in the second degree;

����
(o)
�
Section 707-766
relating to extortion in the second degree;

����
(p)
�
Section 708-811
relating to burglary in the second degree;

����
(q)
�
Section [
708-821
]

708-822
relating to criminal property damage in the [
second
]
third

degree;

����
(r)
�
Section 708-831
relating to theft in the second degree;

����
(s)
�
Section 708-835.5
relating to theft of livestock;

����
(t)
�
Section 708-836
relating to unauthorized control of a propelled vehicle in the first degree;

����
(u)
�
Section 708-839.55
relating to unauthorized possession of confidential personal information;

����
(v)
�
Section 708-839.8
relating to identity theft in the third degree;

����
(w)
�
Section 708-852
relating to forgery in the second degree;

����
(x)
�
Section 708-854
relating to criminal possession of a forgery device;

����
(y)
�
Section 708-875
relating to trademark counterfeiting;

����
(z)
�
Section
709-906(8), (9), or (10) relating to abuse of family or household members;

����
(aa)

Section 710-1071
relating to intimidating a witness;

����
(bb)

Section
711-1103 relating to riot;

��

[
[
](cc)[
]
]
Section 712-1224 relating to possession
of gambling records in the first degree;

��
[
[
](dd)[
]
]
Section
712-1247 relating to promoting a detrimental drug in the first degree; or

��
[
[
](ee)[
]
]
Section
846E-9 relating to failure to comply with covered offender registration
requirements,

or who is convicted of attempting to commit murder
in the second degree, any class A felony, any class B felony, or any of the
class C felony offenses enumerated above and who has a prior conviction or
prior convictions for the following felonies, including an attempt to commit
the same:
�
murder, murder in the first or
second degree, a class A felony, a class B felony, any of the class C felony
offenses enumerated above, or any felony conviction of another jurisdiction,
shall be sentenced to a mandatory minimum period of imprisonment without
possibility of parole as provided in subsection (2)."

����
2.
�
By amending subsection (5) to read:

����
"(5)
�
Notwithstanding any other law to the
contrary, any person convicted of any of the following misdemeanor offenses:

����
(a)
�
Section 707-712
relating to assault in the third degree;

����
(b)
�
Section 707-717
relating to terroristic threatening in the second degree;

����
(c)
�
Section 707-733
relating to sexual assault in the fourth degree;

����
(d)
�
Section [
708-822
]

708-823
relating to criminal property damage in the [
third
]
fourth

degree;

����
(e)
�
Section 708-832
relating to theft in the third degree; and

����
(f)
�
Section
708-833.5(2) relating to misdemeanor shoplifting,

and who has been convicted of any of the offenses
enumerated above on at least three prior and separate occasions within three
years of the date of the commission of the present offense, shall be sentenced
to no less than nine months of imprisonment.
�

Whenever a court sentences a defendant under this subsection for an
offense under section 707-733, the court shall order the defendant to
participate in a sex offender assessment and, if recommended based on the assessment,
participate in the sex offender treatment program established by chapter 353E."

����
SECTION
2
.
�
Section 708-813, Hawaii Revised Statutes, is
amended by amending subsection (4) to read as follows:

����
"(4)
�

Criminal trespass in the first degree [
is
]
shall be
a [
misdemeanor.
]

class C felony.
"

����
SECTION
3
.
�
Section 708-814, Hawaii Revised Statutes, is
amended by amending subsection (3) to read as follows:

����
"
(3)
�

Criminal trespass in the second degree [
is
]
shall be
a [
petty
]
misdemeanor.
"

����
SECTION
4
.
�
Section 708-821, Hawaii Revised Statutes, is
amended by amending subsection (2) to read as follows:

����
"(2)
�

Criminal property damage in the second degree [
is
]
shall be

a class [
C
]
B
felony."

����
SECTION
5
.
�
Section 708-822, Hawaii Revised Statutes, is
amended by amending subsection (2) to read as follows:

����
"(2)
�

Criminal property damage in the third degree [
is
]
shall be

a [
misdemeanor.
]
class C felony.
"

����
SECTION
6
.
�
Section 708-823, Hawaii Revised Statutes, is
amended by amending subsection (2) to read as follows:

����
"(2)
�

Criminal property damage in the fourth degree [
is
]
shall be

a [
petty
] misdemeanor."

����
SECTION 7.
�
This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun
before its effective date.

����
SECTION
8.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.

����
SECTION 9.
�
This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Penal
Code; Criminal Trespass; Criminal Property Damage; Penalties

Description:

Increases
the category of offense for criminal trespass in the first and second degree
and criminal property damage in the second, third, and fourth degree.

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