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HB1912
HOUSE OF REPRESENTATIVES
H.B. NO.
1912
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
RELATING
TO TIME LIMITATIONS ON CRIMINAL PROSECUTIONS
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION
1
.
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Section 701-108, Hawaii Revised Statutes, is
amended to read as follows:
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"
�701-108
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Time limitations.
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(1)
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A
prosecution for murder, murder in the first and second degrees, attempted
murder, attempted murder in the first and second degrees, criminal conspiracy
to commit murder in any degree, criminal solicitation to commit murder in any
degree, sexual assault in the first and second degrees, sex trafficking, and
continuous sexual assault of a minor under the age of fourteen years may be
commenced at any time.
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(2)
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Except as otherwise provided in this section,
prosecutions for other offenses are subject to the following periods of
limitation:
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(a)
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A prosecution for
manslaughter where the death was not caused by the operation of a motor vehicle
must be commenced within ten years after it is committed;
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(b)
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A prosecution for
a class A felony must be commenced within six years after it is committed;
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(c)
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A prosecution for
any felony under part IX of chapter 708 must be commenced within five years
after it is committed;
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(d)
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A prosecution for
any other felony must be commenced within three years after it is committed;
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(e)
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A prosecution for
a misdemeanor or parking violation must be commenced within two years after it
is committed; and
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(f)
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A prosecution for
a petty misdemeanor or a violation other than a parking violation must be
commenced within one year after it is committed.
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(3)
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If the period prescribed in subsection (2)
has expired, a prosecution may nevertheless be commenced for:
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(a)
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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);
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[
(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 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
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(c)
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(b)
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Any
felony offense involving evidence containing deoxyribonucleic acid from the
offender, if a test confirming the presence of deoxyribonucleic acid is
performed prior to 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).
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(4)
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Notwithstanding any other provision of this
section or any other law to the contrary, for any offense based on misconduct
by a public servant, the applicable period of limitations for a criminal
prosecution under subsection (2) shall not commence until discovery of the
offense by law enforcement.
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[
(4)
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(5)
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An offense is committed
either when every element occurs, or, if a legislative purpose to prohibit a
continuing course of conduct plainly appears, at the time when the course of
conduct or the defendant's complicity therein is terminated.
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Time starts to run on the day after the
offense is committed.
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[
(5)
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(6)
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A prosecution is commenced
either when an indictment is found or a complaint filed, or when an arrest
warrant or other process is issued, provided that such warrant or process is
executed without unreasonable delay.
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[
(6)
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(7)
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The period of limitation does
not run:
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(a)
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During any time
when the accused is continuously absent from the State or has no reasonably
ascertainable place of abode or work within the State, but in no case shall
this provision extend the period of limitation by more than four years from the
expiration of the period of limitation prescribed in subsection (2);
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(b)
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During any time
when a prosecution against the accused for the same conduct is pending in this
State; or
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(c)
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For any felony
offense under chapter 707, part V or VI, during any time when the victim is
alive and under eighteen years of age.
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[
(7)
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(8)
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As used in this section,
"
public servant
"
shall have the
same meaning as in section 710-1000."
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SECTION 2.
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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
3.
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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 4.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Hawaii
Penal Code; Official Misconduct; Time Limitations; Discovery
Description:
Provides
that for any offense based on misconduct by a public servant, the appliable
period of limitations for a criminal prosecution shall not commence until
discovery of the offense by law enforcement.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.