RELATING TO HAWAII COVERT OPERATIONS.

HB483

HOUSE OF REPRESENTATIVES

H.B. NO.

483

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

relating
to Hawaii covert operations
.

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 given
Hawaii's unique geographical position, the urgency of addressing smuggling
activities involving humans, weapons, and drugs, as well as other transnational
threats such as human trafficking, criminal cartel activities, and illegal
immigration, cannot be overstated.
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These
threats pose significant risks to public safety, particularly in the form of
crimes involving child exploitation and sexual offenses, which we must address
with the utmost seriousness.

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The
legislature further finds that it is imperative that Hawaii implements stricter
penalties and fines to deter these criminal activities and allocate resources
for covert operations to disrupt smuggling networks.

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The
purpose of this Act is to
reduce crime
by
establishing the
Hawaii
covert operations against smuggling and transnational threats program.

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SECTION
2.
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The Hawaii Revised Statutes is
amended by adding a new chapter to be appropriately designated and to read as
follows:

"
Chapter

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HAWAII
COVERT OPERATIONS AGAINST SMUGGLING AND TRANSNATIONAL THREATS

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Definitions.
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For purposes of this chapter:

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"Black
budget" refers to classified funds allocated for operations critical to
state security and effectiveness, modeled on federal allocations for covert
activities.

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"Transnational
threats" means:

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(1)
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Human smuggling, including the deliberate
evasion of immigration laws to unlawfully transport or harbor noncitizens;

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(2)
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Firearm smuggling, including the unlawful
transportation or trafficking of firearms, explosives, or dangerous weapons;
and

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(3)
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Controlled substance smuggling, including the
unauthorized importation or exportation of controlled substances.

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"Pedophiles
and perpetrators" means individuals involved in any suspected violation of
chapter 707 involving a minor.

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"Program"
means the
Hawaii covert operations
against smuggling and transnational threats program established under
section
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-2.

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"Special fund" means
Hawaii
covert operations against smuggling and transnational threats special fund
established under section
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-3.

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H
awaii covert operations against smuggling and transnational threats
program.
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(a)
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There is established within the department of
law enforcement
the
Hawaii covert operations against smuggling and transnational threats
program.

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(b)
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The program shall conduct covert operations
against transnational threats, in compliance with state and federal laws, in a
manner that prioritizes ethical practices and human rights and does not exceed
the scope of legislative intent, ensuring that the power granted for these
operations under this chapter is not abused.

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Hawaii covert operations against smuggling and transnational threats
special fund.
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(a)
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There is established the Hawaii covert
operations against smuggling and transnational threats special fund within the
treasury of the State into which shall be deposited:

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(1)
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Moneys in the black budget appropriated for
the special fund; and

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(2)
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All proceeds from fines collected under
section
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-4.

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(b)
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The special fund shall be managed by a
committee comprising the following members:

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(1)
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The director of law enforcement;

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(2)
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The attorney general; and

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(3)
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The director of human services.

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(c)
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Moneys in the special fund shall be expended
to finance classified operations, focusing on intelligence gathering, analysis,
and covert actions to combat smuggling and transnational threats, including
combating pedophiles and perpetrators.

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(d)
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The approval process for the expenditure of
moneys in the special fund shall be modeled on existing covert funding
mechanisms used by other states and federal agencies, ensuring confidentiality
and efficiency.

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(e)
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Moneys in the special fund shall not be used
for activities that contravene human rights or exceed the scope of legislative
intent.

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Enhanced
penalties.
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(a)
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If a classified operation under section
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-2(b) results in a conviction under the
following offenses, the convicted person shall be subject to the following
enhanced penalties, in addition to any other penalty authorized by law:

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(1)
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Additional imprisonment as follows:

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(A)
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For any class A felony offense involving the smuggling
of humans, firearms, or controlled substances:
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life imprisonment without the possibility of parole; and

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(B)
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For any class B or C felony offense involving
the smuggling of humans, firearms, or controlled substances:
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the minimum length of imprisonment shall be
twenty-five years; and

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(2)
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Additional fines as follows:

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(A)
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Not
less than $250,000 per individual smuggled; provided that any person convicted
of any class A felony involving human smuggling shall be fined not less than
$500,000;

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(B)
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Not less than $150,000 per firearm smuggled;

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(C)
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Not
less than $250,000 for controlled substances smuggled; and

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(D)
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Not less than $1,000,000 for involvement in
cartel activities, as defined by the director of law enforcement.

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(b)
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All assets linked to an offense for which an
enhanced penalty applies under this section shall be seized through a
transparent and fair process, with portions directed toward community support,
informant rewards, and prevention programs.

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Hawaii
citizen reporting network.
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(a)
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There is established within the Hawaii covert
operations against smuggling and transnational threats program the Hawaii
citizen reporting network to serve as a platform for the public to report
transnational crimes, ensuring that crimes are promptly and effectively
addressed.
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The Hawaii citizen reporting
network shall be administered by the department of law enforcement.

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(b)
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Any member of the public who reports a
transnational crime may receive a reward of not more than twenty per cent of
the value of any assets seized or fines collected as a result of the report.

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(c)
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All reports of transnational crimes made to
the Hawaii citizen reporting network shall be confidential.

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Special legislative committee on oversight of the Hawaii covert
operations program.
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(a)
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The senate president and speaker of the house
of representatives shall each appoint two individuals to a special legislative
committee on oversight of the covert operations program.
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The committee shall:

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(1)
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Monitor the implementation of penalties,
fines, and covert operation; and

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(2)
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Ensure compliance with legal and ethical
standards.

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Audits.
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The state auditor shall
conduct annual audits of the
Hawaii
covert operations against smuggling and transnational threats program.
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The auditor shall submit its findings and
recommendations to the legislature no later than twenty days before the convening
of the regular session following the year in which the audit is conducted.

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Confidentiality.
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All information related to this chapter
shall be exempt from chapter 92F.

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Annual report.
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(a)
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The department of law enforcement submit an
annual report to the legislature no later than twenty days prior to the
convening of each regular session of the legislature.
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The annual report shall include:

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(1)
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The impact of new penalties and fines on crime
rates imposed pursuant to this Act;

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(2)
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Effectiveness of the Hawaii citizen reporting
network; and

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(3)
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The use and outcomes of the special fund."

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SECTION 3.
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There is appropriated out of the general
revenues of the State of Hawaii the sum of $
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or so much thereof as may be
necessary for fiscal year 2025-2026 and the same sum or so much thereof as may
be necessary for fiscal year 2026-2027 for the
Hawaii covert operations against smuggling and transnational threats
program.

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The sums

appropriated shall be expended by the
department of law enforcement for the purposes of this Act.

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SECTION 4.
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This Act shall take effect on July 1, 2025.

INTRODUCED
BY:

_____________________________

Report Title:

Crime;
Smuggling; Drugs; Firearms; Weapons; Hawaii Covert Operations Against Smuggling
and Transnational Threats; DLE

Description:

Establishes
the Hawaii Covert Operations Against Smuggling and Transnational Threats
program with the Department of Law Enforcement to combat smuggling of drugs and
weapons and human trafficking.

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