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HB2074
HOUSE OF REPRESENTATIVES
H.B. NO.
2074
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
Relating
to Public Safety
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION
1.
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The legislature finds that there is a
need to hold accountable persons who have assisted offenders after the
commission of serious crimes.
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Often,
these individuals are subject to limited sanctions for hindering prosecution in
the first degree, a class C felony offense.
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The
legislature further finds that, under existing law, accomplice liability, which
subjects a person to the same level of penalty as the percipient actor, does
not apply to actions or assistance provided after the offense is committed.
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Thus, for example, an individual who assists
a mass murderer by providing the offender shelter, food, or transportation
after the commission of the offense would only be subject to a maximum penalty
of a five-year prison term.
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A person who
provided similar assistance to a person who killed or attempted to kill a
police officer would also be limited to a maximum penalty of a five-year prison
term.
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The
legislature believes that establishing a structure for more appropriate
penalties, which takes into consideration the scope of the offenses and acts in
question, will promote greater respect for the law, ensure offenders receive an
appropriate sentence that reflects the seriousness of the offense, provide
adequate deterrence for future criminal activity, and better protect the
public.
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Accordingly,
the purpose of this Act is to establish appropriate sanctions for offenders who
render assistance and hinder the apprehension, prosecution, conviction, or
punishment of another offender.
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SECTION
2
.
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Section 710-1029, Hawaii Revised Statutes, is
amended by amending subsection (2) to read as follows:
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"(2)
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Hindering prosecution in the first degree is [
a
class C felony.
]
an offense one class or grade, as the case may be,
lower than the offense committed by the other person; provided that when the
offense committed by the other person is murder in any degree, hindering
prosecution is a class A felony.
"
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SECTION 3.
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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 4.
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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 5.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
By Request
Report Title:
Hawaii
Law Enforcement Coalition Package; Public Safety; Hindering Prosecution;
Accomplice Liability; Sanctions; Penalties
Description:
Establishes
a gradient penalty structure for the offense of hindering prosecution in the
first degree, based on the level of offense hindered.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.