RELATING TO HABITUAL VIOLENT CRIME.

SB2520

THE SENATE

S.B. NO.

2520

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

RELATING
TO HABITUAL VIOLENT CRIME
.

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 Act 213,
Session Laws of Hawaii 2024 (Act 213), was enacted to deter certain habitual
violent crimes such as sexual assaults, abuse of family or household members,
and assaults against law enforcement officers, by increasing the offense to a
class C felony if the person had three or more prior convictions for a violent
crime within a five-year period.

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The
legislature further finds that Act 213 sought to protect the public from
habitual violent criminal offenders but, as a caution against the increased
numbers of incarcerations, also included a provision to repeal the offense of
habitual violent crime on June 30, 2027, pending an assessment of its
effectiveness.
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Given the amount of time
it takes for felony cases to travel through our criminal justice system, more
time is needed to evaluate Act 213's effectiveness in reducing habitual violent
crimes.
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For a valid assessment, best
practices in research methodology recommend that data be collected for at least
five years both before and after the law was passed.

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Accordingly,
the purpose of this Act is to:

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(1)
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Amend Act 213 by:

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(A)
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Requiring the criminal justice research
institute to submit a one-time report to the legislature prior to the regular
session of 2031; and

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(B)
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Repealing its sunset date; and

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(2)
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Require the attorney general, in consultation
with criminal justice research institute, to submit ongoing annual reports to
the legislature.

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SECTION
2.
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Act 213, Session Laws of Hawaii 2024,
is amended by adding a new section to read as follows:

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"
SECTION
3A.
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The criminal justice research
institute shall analyze data on the effectiveness of this Act in reducing
violent crime and submit a report to the legislature no later than twenty days
prior to the convening of the regular session of 2031.
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The department of attorney general,
judiciary, and other criminal justice agencies as needed shall provide data to
the criminal justice research institute to complete the report.
"

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SECTION 3.
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Act 213, Session Laws of Hawaii 2024, is
amended by amending section 6 to read as follows:

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"SECTION
6.
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This Act shall take effect upon its
approval[
, and shall be repealed on June 30, 2027
]."

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SECTION
4.
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Chapter 28, Hawaii Revised Statutes,
is amended by adding a new section to part I to be appropriately designated and
to read as follows:

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"
�28-
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Habitual
violent crime; reports.
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(a)
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The department of the attorney general, in consultation with the
criminal justice research institute, shall submit an annual report to the
legislature no later than twenty days prior to the convening of the regular
sessions of 2027, and every year thereafter, on the effectiveness of section
707-712.2 in addressing repeat violent crime in Hawaii.
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Each report shall include data for that
calendar year that includes, but is not limited to:

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(1)
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The number of persons arrested or cited for
an offense listed under section 707-712.2(1), Hawaii Revised Statutes, who are
also habitual violent crime offenders;

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(2)
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The number of habitual violent crime
offenders from paragraph (1) who have been arrested or cited for an offense
listed under section 707-712.2(1), Hawaii Revised Statutes, more than once
since the enactment
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of this Act;

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(3)
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The number of cases charged under section
707-712.2, Hawaii Revised Statutes; and

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(4)
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The outcomes of the cases charged under
section 707‑712.2, Hawaii Revised Statutes, such as the number of cases
that led to a trial, plea agreement, conviction, deferred acceptance of guilty
or nolo contendere plea, incarceration, or probation.

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(b)
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No later than December 1 of 2026 and every
year thereafter, the prosecuting attorney of each county shall provide the
department of the attorney general with the data to enable the department to
complete the report under subsection (a).
"

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SECTION 5.
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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 6.
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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 7.
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This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

By Request

Report
Title:

Hawaii Law Enforcement Coalition
Package; Habitual Violent Offenders; Criminal Justice Research Institute

Description:

Amend Act 213, SLH 2024, by
repealing its sunset date and requiring the Criminal Justice Research Institute
to submit a one-time report to the Legislature prior to the Regular Session of
2031.
�
Requires the Attorney General, in
consultation with Criminal Justice Research Institute, to submit ongoing annual
reports to the Legislature.

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