RELATING TO THE ADMINISTRATION OF JUSTICE.

SB2721

THE SENATE

S.B. NO.

2721

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

RELATING
TO THE ADMINISTRATION OF JUSTICE
.

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

PART I

����
SECTION 1.
�

The legislature finds that Act 245, Sessions Law of Hawaii 2024,
requested the judicial council to appoint a committee to review and recommend
revisions to the Hawaii Penal Code.
�
In
particular, the requested review was to ensure:

����
(1)
�
That
the Hawaii Penal Code is consistent and proportional across the various types
and classes of offenses;

����
(2)
�
That
the Hawaii Penal Code is aligned with national best practices and based upon
evidence-based strategies;

����
(3)
�
That
grades and punishment are appropriate and proportionate to other sentences
imposed for criminal or civil offenses and are cost
‑
effective in deterring
crime, reducing recidivism, and providing restitution to victims in a manner
that provides equal justice and punishment regardless of socioeconomic class or
ethnicity;

����
(4)
�
That
the response of the criminal justice system to mentally ill offenders is
appropriate to the situation; and

����
(5)
�
The
continued force, effectiveness, and enforcement of the Hawaii Penal Code.

����
Accordingly, the judicial council convened
a penal code review committee comprising sixty-one members, including sixteen
judges representing all courts and all four judicial circuits; the chair of the
senate committee on judiciary and labor; the chair of the house judiciary and
Hawaiian affairs committee; a representative from the department of the
attorney general; the director of the department of corrections and rehabilitation;
a representative from the department of health; prosecuting attorneys or their
representatives for all four counties; the public defender; representatives
from Honolulu and Maui police departments; a representative of the office of
Hawaiian affairs; a member of the judicial council; representatives of the
criminal defense bar; crime victim advocates; and community advocates.

����
Eight subcommittees were formed, and each
subcommittee convened numerous times to consider and prepare proposed revisions
to designated parts of the Penal Code and to related statutes outside the Penal
Code, for submission to the entire committee.
�

The penal code review committee met in plenary session nine times
between November 1, 2024, and October 31, 2025, and recommended statutory
changes that are reflected in the legislation proposed by this Act.

����
The purpose of this Act is to amend various
chapters of the Hawaii Penal Code, and related statutes outside the Penal Code,
pursuant to the recommendations of the Penal Code review committee.

PART II

����
SECTION 2.
�

The purpose of this part is to amend chapter 701, Hawaii Revised Statutes,
regarding preliminary provisions of the Hawaii Penal Code.

����
SECTION
3
.
�
Section 701-107, Hawaii Revised Statutes, is
amended by amending subsection (2) to read as follows:

����
"(2)
�

A crime is a felony if it is so designated in this Code
or in a
statute other than this Code enacted subsequent thereto,
or if persons
convicted thereof may be sentenced to imprisonment for a term which is in
excess of one year."

����
SECTION
4
.
�
Section 701-108, Hawaii Revised Statutes, is
amended by amending subsection (2) to read as follows:

����
"(2)
�

Except as otherwise provided in this section, prosecutions for other
offenses are subject to the following periods of limitation:

����
(a)
�
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;

����
(b)
�
A prosecution for a class A felony must
be commenced within six years after it is committed;

����
(c)
�
A prosecution for any felony under part
IX of chapter 708 must be commenced within five years after it is
committed;

����
(d)
�
A prosecution for any other felony must
be commenced within three years after it is committed;

����
(e)
�
A prosecution for a misdemeanor [
or
parking violation
] must be commenced within two years after it is
committed; and

����
(f)
�
A prosecution for a petty misdemeanor
or a violation [
other than
]
including
a parking violation must be
commenced within one year after it is committed."

����
SECTION
5
.
�
Section 701-116, Hawaii Revised Statutes, is
amended to read as follows:

����
"
�701-116
�
Proving applicability of the Code.
�
When the application of the Code depends on
the finding of a fact which is not required to be found beyond a reasonable
doubt:

����
(1)
�
The
burden of proving the fact is on the prosecution or defendant, depending on
whose interest or contention will be furthered if the finding should be made;
and

����
(2)
�
[
The
]

Unless there is any authority to the contrary, the
fact [
must
]
shall

be proved by a preponderance of the evidence."

PART III

����
SECTION 6.
�

The purpose of this part is to amend chapter 705, Hawaii Revised
Statutes, regarding inchoate crimes.

����
SECTION
7
.
�
Section 705-501, Hawaii Revised Statutes, is
amended to read as follows:

����
"
�705-501
�
Criminal attempt; attempting to aid another.
�
(1)
�
A
person who engages in conduct intended to aid another to commit a crime is
guilty of an attempt to commit the crime, although the crime is not committed
or attempted by the other person, provided [
hi
s]
the person's

conduct would establish [
hi
s]
the person's
complicity under
sections 702-222 through 702-226 if the crime were committed or attempted by
the other person.

����
(2)
�

It is not a defense to a prosecution under this section that under the
circumstances it was impossible for the defendant to aid the other person in
the commission of the offense, provided [
he
]
the person
could
have done so had the circumstances been as [
he
]
the person

believed them to be."

����
SECTION
8
.
�
Section 705-511, Hawaii Revised Statutes, is
amended by amending subsections (1) and (2) to read as follows:

����
"(1)
�

A person shall not be liable under section 705-510 for criminal
solicitation of another if under sections 702‑224(1) and (2) and
702-225(1) [
he
]
the person
would not be legally accountable for
the conduct of the other person.

����
(2)
�

It is not a defense to a prosecution under section 705-510 that the
person solicited could not be guilty of committing the crime because:

����
(a)
�
[
He
]

The person
is, by definition of the offense, legally incapable in an
individual capacity of committing the offense solicited;

����
(b)
�
[
He
]

The person
is penally irresponsible or has an immunity to prosecution or
conviction for the commission of the crime;

����
(c)
�
[
He
]

The person
is unaware of the criminal nature of the conduct in question
or of the defendant's criminal intent; or

����
(d)
�
[
He
]

The person
does not have the state of mind sufficient for the commission
of the offense in question."

����
SECTION
9
.
�
Section 705-520, Hawaii Revised Statutes, is
amended to read as follows:

����
"
�705-520
�
Criminal conspiracy.
�
A person is guilty of criminal conspiracy if,
with intent to promote or facilitate the commission of a crime:

����
(1)
�
[
He
]

The person
agrees with one or more persons that they or one or more of
them will engage in or solicit the conduct or will cause or solicit the result
specified by the definition of the offense; and

����
(2)
�
[
He
]

The person
or another person with whom [
he conspired
]
the person
conspires
commits an overt act in pursuance of the conspiracy."

����
SECTION
10
.
�
Section 705-521, Hawaii Revised Statutes, is
amended to read as follows:

����
"
�705-521
�
Scope of conspiratorial relationship.
�
If a person guilty of criminal conspiracy, as
defined in section 705‑520, knows that a person with whom [
he
]
the
person
conspires to commit a crime has conspired with another person or
persons to commit the same crime, [
he
]
the person
is guilty of
conspiring to commit the crime with such other person or persons, whether or
not [
he
]
the person
knows [
their
]
the
identity[
.
]

or identities of the other person or persons.
"

����
SECTION
11
.
�
Section 705-523, Hawaii Revised Statutes, is
amended by amending subsections (1) and (2) to read as follows:

����
"(1)
�

A person shall not be liable under section 705-520 for criminal
conspiracy if under sections 702-224(1) and (2) and 702-225(1) [
he
]
the
person
would not be legally accountable for the conduct of the other
person.

����
(2)
�

It is not a defense to a prosecution under section 705-520 that a person
with whom the defendant conspires could not be guilty of committing the crime
because:

����
(a)
�
[
He
]

The person
is, by definition of the offense, legally incapable in an
individual capacity of committing the offense;

����
(b)
�
[
He
]

The person
is penally irresponsible or has an immunity to prosecution or
conviction for the commission of the crime;

����
(c)
�
[
He
]

The person
is unaware of the criminal nature of the conduct in question
or of the defendant's criminal intent; or

����
(d)
�
[
He
]

The person
does not have the state of mind sufficient for the commission
of the offense in question."

PART IV

����
SECTION 12.
�

The purpose of this part is to amend chapter 704, Hawaii Revised Statutes,
regarding penal responsibility and fitness to proceed.

����
SECTION
13
.
�
Section 704-404, Hawaii Revised Statutes, is
amended as follows:

����
1.
�

By amending subsection (3) to read:

����
"(3)
�

An examination performed under this section may employ any method that
is accepted by the professions of medicine or psychology for the examination of
those alleged to be affected by a physical or mental disease, disorder, or
defect; provided that each examiner shall form and render an opinion upon the
defendant's fitness to proceed independently from the other examiners, and the
examiners, upon approval of the court, may secure the services of clinical
psychologists and other medical or paramedical specialists to assist in the
examination.
�
The examination shall
comply with the other provisions of this section and may be conducted utilizing
telehealth, as that term is defined in section 453-1.3(j), at the request of
the examiner.
�
The department of health
and the department of corrections and rehabilitation shall provide secure
access to defendants in their custody for any examination requested to be
conducted utilizing telehealth.
"

����
2.
�

By amending subsections (9) and (10) to read:

����
"(9)
�

The court shall obtain all existing relevant medical, mental health,
social, police, and juvenile records, including those expunged, and other
pertinent records in the custody of public agencies, notwithstanding any other
statute, and make the records available for inspection by the examiners in hard
copy or digital format.
�
The court may
order that the records so obtained be made available to the prosecuting
attorney and counsel for the defendant in either format, subject to conditions
the court determines appropriate; provided that juvenile records shall not be
made available unless constitutionally required.
�
[
No further disclosure of records shall be
made except as permitted by law.
]
�

If, pursuant to this section, the court orders the defendant committed
to a hospital or other suitable facility under the control of the director of
health, then the county police departments shall provide to the director of
health and the defendant copies of all police reports from cases filed against
the defendant that have been adjudicated by the acceptance of a plea of guilty
or no contest, a finding of guilt, acquittal, acquittal pursuant to section
704-400, or by the entry of plea of guilty or no contest made pursuant to
chapter 853; provided that the disclosure to the director of health and the
defendant does not frustrate a legitimate function of the county police
departments, with the exception of expunged records, records of or pertaining
to any adjudication or disposition rendered in the case of a juvenile, or
records containing data from the United States National Crime Information
Center.
�
The county police departments
shall segregate or sanitize from the police reports information that would
result in the likely or actual identification of individuals who furnished
information in connection with its investigation, or who were of investigatory
interest.
�
The department of
corrections and rehabilitation and the department of health may disclose all
relevant records between themselves regarding a defendant moved between
departments.
�
No further disclosure
of records shall be made except as provided by law.

����
(10)
�

[
All
]
Within fourteen days of receipt of a court order,
excluding intermediate Saturdays, Sundays, or holidays designated pursuant to
section 8-1, or a longer time as the court may prescribe, all
public
agencies
persons, or other entities
in possession of relevant medical,
mental health, social, police, and juvenile records,
including those
expunged,
and any other pertinent records of a defendant ordered to be
examined under this chapter, shall provide those records to the court[
,
]

in accordance with the terms of the order,
notwithstanding any other
state statute[
.
]
and without requiring a signed consent from the
defendant if the order so provides.
�
An
order may provide for a continuing obligation to provide records to the court
created or received by public agencies, persons, or other entities after the
initial provision of records to the court.
�
In addition, all public agencies shall make
records available to an appointed examiner for inspection at the location where
the records are maintained upon request and presentment of a court order
authorizing the examiner to make the inspection, notwithstanding any other
state statute and without requiring a signed consent of the defendant if the
order so provides.
"

����
SECTION
14
.
�
Section 704-406, Hawaii Revised Statutes, is
amended to read as follows:

����
"
�704-406
�
Effect of finding of unfitness to proceed and
regained fitness to proceed.

�
(1)
�
If the court determines that the defendant
lacks fitness to proceed, the proceeding against the defendant shall be
suspended, except as provided in sections 704-407 and 704-421, and the court
shall commit the defendant to the custody of the director of health to be
placed in an appropriate institution for detention, assessment, care, and
treatment; provided that:

����
(a)
�
When the defendant is charged with a
petty misdemeanor not involving violence or attempted violence, the defendant
shall be diverted from the criminal justice system pursuant to section 704-421;
and

����
(b)
�
When the defendant is charged with a
misdemeanor not involving violence or attempted violence, the commitment shall
be limited to no longer than one hundred twenty days from the date the court
determines the defendant lacks fitness to proceed.

If the
court is satisfied that the defendant may be released on conditions without
danger to the defendant or to another or risk of substantial danger to property
of others, the court shall order the defendant's release, which shall continue
at the discretion of the court, on conditions the court determines necessary;
provided that the release on conditions of a defendant charged with a
misdemeanor not involving violence or attempted violence shall continue for no
longer than one hundred twenty days.
�
A
copy of all reports filed pursuant to section 704-404 shall be attached to the
order of commitment or order of release on conditions

that is provided to the department of health
.
�
When the defendant is committed to the
custody of the director of health for detention, assessment, care, and
treatment, the county police departments shall provide to the director of
health and the defendant copies of all police reports from cases filed against
the defendant that have been adjudicated by the acceptance of a plea of guilty
or nolo contendere, a finding of guilt, acquittal, acquittal pursuant to
section 704-400, or by the entry of a plea of guilty or nolo contendere made
pursuant to chapter 853; provided that the disclosure to the director of health
and the defendant does not frustrate a legitimate function of the county police
departments; provided further that expunged records, records of or pertaining
to any adjudication or disposition rendered in the case of a juvenile, or
records containing data from the United States National Crime Information
Center shall not be provided.
�
The county
police departments shall segregate or sanitize from the police reports
information that would result in the likely or actual identification of individuals
who furnished information in connection with the investigation or who were of
investigatory interest.
�
The
department of corrections and rehabilitation and the department of health may
disclose all relevant records between themselves regarding a defendant moved
between departments.
�
No further
disclosure of records shall be made except as provided by law.

����
(2)
�

When the defendant is released on conditions after a finding of
unfitness to proceed, the department of health shall establish and monitor a
fitness restoration program consistent with conditions set by the court order
of release, and shall inform the prosecuting attorney of the county that
charged the defendant of the program and report the defendant's compliance
therewith.

����
(3)
�
The
department of health shall periodically report to the court on the defendant�s
compliance with treatment and fitness restoration.
�
When the court, on its own motion or upon the
application of the director of health, the prosecuting attorney, or the
defendant, [
has reason to believe
]
determines, after a hearing if a
hearing is requested,
that the defendant has regained fitness to proceed,
the
penal proceeding shall be resumed.
�
If
requested by the prosecuting attorney or the defendant, the court may appoint
one or more qualified examiners as set forth below to examine and report upon
the physical and mental condition of the defendant to assist the court in
making the determination of fitness.
�
If
an examination is ordered,
for a defendant charged with the offense of
murder in the first or second degree, attempted murder in the first or second
degree, or a class A felony, the court shall appoint three qualified examiners
and may appoint in all other cases one qualified examiner[
, to examine and
report upon the physical and mental condition of the defendant.
�
In cases in which the defendant has been
charged with murder in the first or second degree, attempted murder in the
first or second degree, or a class A felony, the court shall appoint as
examiners at least one psychiatrist and at least one licensed
psychologist.
�
The third examiner may be
a psychiatrist, licensed psychologist, or qualified physician
].
�
[
One
]
When appointing three
examiners, the court shall appoint as examiners psychiatrists, licensed psychologists,
or qualified physicians, provided that one
of the three examiners shall be
a psychiatrist or licensed psychologist designated by the director of health
from within the department of health.
�
In
all other cases, the one qualified examiner shall be a psychiatrist or licensed
psychologist designated by the director of health from within the department of
health.
�
The court, in appropriate
circumstances, may appoint an additional examiner or examiners.
�
All examiners shall be appointed from a list
of certified examiners as determined by the department of health.
�
[
After a hearing, if a hearing is
requested, if the court determines that the defendant has regained fitness to
proceed, the penal proceeding shall be resumed and the defendant shall no
longer be committed to the custody of the director of health.
�
In cases where a defendant is charged with
the offense of murder in the first or second degree, attempted murder in the
first or second degree, or a class A felony, upon the request of the prosecuting
attorney or the defendant, and in consideration of information provided by the
defendant's clinical team, the court may order that the defendant remain in the
custody of the director of health, for good cause shown, subject to bail or
until a judgment on the verdict or a finding of guilt after a plea of guilty or
nolo contendere.
�
Thereafter, the court
may consider a request from the director of health to rescind its order
maintaining the defendant in the director's custody, for good cause shown.
]
�
As used in this section, the term
"qualified physician" means a physician qualified by the court for
the specific evaluation ordered.
�
If, [
however,
]

after a determination that the defendant has regained fitness,
the court
is of the view that so much time has elapsed since the commitment or release on
conditions of the defendant that it would be unjust to resume the proceeding,
the court may dismiss the charge and:

����
(a)
�
Order the defendant to be discharged;

����
(b)
�
Subject to section 334-60.2 regarding
involuntary hospitalization criteria, order the defendant to be committed to
the custody of the director of health to be placed in an appropriate
institution for detention, care, and treatment; or

����
(c)
�
Subject to section 334-121 regarding
assisted community treatment criteria, order the defendant to be released on
conditions the court determines necessary.

����
(4)
�
[
An
examination for regained fitness to proceed performed under this section may
employ any method that is accepted by the professions of medicine or psychology
for the examination of those alleged to be affected by a physical or mental
disease, disorder, or defect, and shall include a review of records where the
defendant, while under the custody of the director of health, was placed;
provided that each examiner shall form and render an opinion on the defendant's
regained fitness to proceed independently from the other examiners and the
examiners, upon approval of the court, may secure the services of clinical
psychologists and other medical or paramedical specialists to assist in the
examination.
]
�
If an examination
is ordered under subsection (3), the examination and report and the
compensation of persons making or assisting in the examination shall be in
accordance with section 704-404(3) and (5) to (11).

����
[
(5)
�

The report of the examination for regained fitness to proceed shall
include the following:

����
(a)
�
A description of the nature of the
examination;

����
(b)
�
An opinion as to the defendant's
capacity to understand the proceedings against the defendant and to assist in
the defendant's own defense; and

����
(c)
�
Where more than one examiner is
appointed, a statement that the opinion rendered was arrived at independently
of any other examiner, unless there is a showing to the court of a clear need
for communication between or among the examiners for clarification.
�
A description of the communication shall be
included in the report.
�
After all
reports are submitted to the court, examiners may confer without restriction.

����
(6)
�

All other procedures as set out in section 704-404(6) through (11) shall
be followed for the completion of the report of the examination for regained
fitness to proceed performed under this section.

����
(7)
]
(5)
�
If a defendant
who has either been

committed to the custody of the director of health for a limited period
pursuant to subsection [
(1)
]
(1)(b) or released on conditions for a
limited period pursuant to subsection (1)
is not found fit to proceed prior
to the expiration of the commitment, the charge for which the defendant was
committed for a limited period shall be dismissed.
�
Upon dismissal of the charge, the defendant
shall be released from custody
or discharged from the release on conditions,
whichever is applicable,
unless the defendant is subject to prosecution for
other charges or subject to section 334-60.2 regarding involuntary
hospitalization criteria, in which case the court shall order the defendant's
commitment to the custody of the director of health to be placed in an
appropriate institution for detention, care, and treatment.
�
Within a reasonable time following any other
commitment
or release on conditions
under subsection (1), the director
of health shall report to the court on whether the defendant presents a
substantial likelihood of becoming fit to proceed in the future.
�
The court, in addition, may appoint a panel
of three qualified examiners in felony cases or one qualified examiner in
nonfelony cases to make a report[
.
]
as to whether the defendant
presents a substantial likelihood of becoming fit to proceed in the future.
�
The examination and report shall comply with
subsections (3) and (4).

�
If,
following
the receipt of
the report[
,
]
or reports, and after a
hearing, if a hearing is requested,
the court determines that the defendant
probably will remain unfit to proceed, the court may dismiss the charge and:

����
(a)
�
Release the defendant; or

����
(b)
�
Subject to section 334-60.2 regarding
involuntary hospitalization criteria, order the defendant to be committed to
the custody of the director of health to be placed in an appropriate
institution for detention, care, and treatment.

����
[
(8)
�

If a defendant released on conditions for a limited period pursuant to
subsection (1) is not found fit to proceed prior to the expiration of the
release on conditions order, the charge for which the defendant was released on
conditions for a limited period shall be dismissed.
�
Upon dismissal of the charge, the defendant
shall be discharged from the release on conditions unless the defendant is
subject to prosecution for other charges or subject to section 334-60.2
regarding involuntary hospitalization criteria, in which case the court shall
order the defendant's commitment to the custody of the director of health to be
placed in an appropriate institution for detention, care, and treatment.
�
Within a reasonable time following any other
release on conditions under subsection (1), the court shall appoint a panel of
three qualified examiners in felony cases or one qualified examiner in
nonfelony cases to report to the court on whether the defendant presents a
substantial likelihood of becoming fit to proceed in the future.
�
If, following the report, the court
determines that the defendant probably will remain unfit to proceed, the court
may dismiss the charge and:

����
(a)
�
Release the defendant; or

����
(b)
�
Subject to section 334-60.2
regarding involuntary hospitalization criteria, order the defendant to be
committed to the custody of the director of health to be placed in an
appropriate institution for detention, care, and treatment.
"]

����
SECTION
15
.
�
Section 704-407.5, Hawaii Revised Statutes,
is amended as follows:

����
1.
�

By amending subsection (3) to read:

����
"
(3)
�
An examination performed under this section
may employ any method that is accepted by the professions of medicine or
psychology for the examination of those alleged to be affected by a physical or
mental disease, disorder, or defect; provided that each examiner shall form and
render diagnoses and opinions upon the physical and mental condition of the
defendant independently from the other examiners, and the examiners, upon
approval of the court, may secure the services of clinical psychologists and other
medical or paramedical specialists to assist in the examination and diagnosis.
�
The examination shall comply with the
other provisions of this section and may be conducted utilizing telehealth, as
that term is defined in section 453-1.3(j), at the request of the examiner.
�
The department of health and the department of
corrections and rehabilitation shall provide secure access to defendants in
their custody for any examination requested to be conducted utilizing
telehealth.
"

����
2.
�

By amending subsections (10) and (11) to read:

����
"
(10)
�
The court shall obtain all existing relevant
medical, mental health, social, police, and juvenile records, including those
expunged, and other pertinent records in the custody of public agencies,
notwithstanding any other statute, and make the records available for
inspection by the examiners in hard copy or digital format.
�
The court may order that the records so
obtained be made available to the prosecuting attorney and counsel for the
defendant in either format, subject to conditions the court determines
appropriate; provided that juvenile records shall not be made available unless
constitutionally required.
�
The
department of corrections and rehabilitation and the department of health may
disclose all relevant records between themselves regarding a defendant moved
between departments.
�
No further
disclosure of records shall be made except as permitted by law.

����
(11)
�
[
All
]
Within fourteen days of
receipt of a court order, excluding intermediate Saturdays, Sundays, or
holidays designated pursuant to section 8-1, or a longer time as the court may
prescribe, all
public agencies
, persons, or other entities
in
possession of relevant medical, mental health, social, police, and juvenile
records,
including those expunged,
and any other pertinent records of a
defendant ordered to be examined under this chapter, shall provide those
records to the court[
,
]
in accordance with the terms of the order,

notwithstanding any other state statute[
.
]
and without requiring a
signed consent from the defendant if the order so provides.
�
An order may provide for a continuing
obligation to provide records to the court created or received by public
agencies, persons, or other entities after the initial provision of records to
the court.
�
In addition, all public
agencies shall make records available to an appointed examiner for inspection
at the location where the records are maintained upon request and presentment
of a court order authorizing the examiner to make the inspection,
notwithstanding any other state statute and without requiring a signed consent
from the defendant if the order so provides.
"

PART V

����
SECTION 16.
�

The purpose of this part is to amend chapter 706, Hawaii Revised
Statutes, regarding the disposition of convicted defendants.

����
SECTION
17
.
�
Section 706-623, Hawaii Revised Statutes, is
amended by amending subsection (1) to read as follows:

����
"(1)
�

When the court has sentenced a defendant to be placed on probation,
the period of probation shall be as follows, unless the court enters the reason
therefor on the record and sentences the defendant to a shorter period of probation:

����
(a)
�
Ten years upon conviction of a class A felony;

����
(b)
�
Five years upon conviction
of a class B or class C felony under part II, V, or VI of chapter 707, chapter 709,
and part I of chapter 712 [
and four
]
;

����
(c)
�
Four
years
upon conviction of any other class B [
or C
] felony[
;
]
, a class
C felony under part III, IV, or VII of chapter 707, and a class C felony under
part V or XIII of chapter 708;

����
(d)
�
Three years
upon conviction of any other class C felony;

���
[
(c)
]
�
(e)
�
One year upon conviction of a misdemeanor; except
that upon a conviction under section 586-4, 586-11, [
or
] 709-906,
or
712-
��
,
the court may sentence the defendant
to a period of probation not exceeding two years; or

���
[
(d)
]
�
(f)
�
Six months upon conviction of a petty
misdemeanor; provided that up to one year may be imposed upon a finding of good
cause; except upon a conviction under section 709-906, the court may sentence the
defendant to a period of probation not exceeding one year.

The court, on application of a probation
officer, on application of the defendant, or on its own motion, may discharge the
defendant at any time.
�
Prior to the court
granting early discharge
, the defendant's probation officer
shall be required to report to the court concerning the defendant's compliance or
non-compliance with the conditions of the defendant's probation and

the court shall afford the prosecuting attorney an opportunity to be heard.
�
The terms of probation provided in this part,
other than in this section, shall not apply to sentences of probation imposed under
section 706-606.3."

PART VI

����
SECTION 18.
�

The purpose of this part is to amend chapter 709, Hawaii Revised
Statutes, regarding offenses against family and against incompetents.

����
SECTION
19
.
�
Section 709-906, Hawaii Revised Statutes, is
amended by amending subsection (19) to read as follows:

����
"
(19)
�
For
the purposes of this section:

����
"Business day" means any calendar
day, except Saturday, Sunday, or any state holiday.

����
"Family or household member":

����
(a)
�
Means
spouses or reciprocal beneficiaries, former spouses or reciprocal
beneficiaries, persons in a dating relationship as defined under section 586-1,
persons who have a child in common, parents, children, persons related by
consanguinity, and persons jointly residing or formerly residing in the same
dwelling unit; and

����
(b)
�
Does
not include those who are, or were, adult roommates or cohabitants only by
virtue of an economic or contractual affiliation.

����
"Physically abuse" means to
engage in conduct that injures, hurts, or damages a person's body.
"

PART VII

����
SECTION 20.
�

The purpose of this part is to amend chapter 710, Hawaii Revised
Statutes, regarding offenses against public administration.

����
SECTION
21
.
�
Section 710-1012, Hawaii Revised Statutes, is
amended to read as follows:

����
"
�710-1012
�
[
Refusing to assist in fire control.
]
�
Disobeying an order or regulation relating
to the conduct of persons in the vicinity of a fire.
�
(1)
�
A
person commits the offense of [
refusing to assist in fire control
]
disobeying an order or regulation

relating

to

the

conduct

of

persons

in

the

vicinity

of a fire

when[
:

����
(a)
�
Upon a reasonable command by a person known
to him to be a firefighter, he intentionally refuses to aid in extinguishing a
fire or in protecting property at the scene of a fire; or

����
(b)
�
Upon
]

upon

command by a person known to [
him
]
the person
to be a firefighter
[
or
]
,
law enforcement officer, [
he intentionally
]
emergency
medical services personnel, or emergency medical technician, the person
knowingly
disobeys an order or regulation relating to the conduct of
persons in the vicinity of a fire.

����
(2)
�

"Firefighter" means any officer of a fire department or any
other person vested by law with the duty to extinguish fires.

����
(3)
�
[
Refusing
to assist in fire control
]
Disobeying an order or regulation relating to
the conduct of persons in the vicinity of a fire
is a petty misdemeanor.

����
[
(4)
�

A person who complies with this section by assisting in fire control
shall not be held liable to any person for damages resulting therefrom, provided
he acted reasonably under the circumstances known to him at the time.
]"

����
SECTION
22
.
�
Section 710-1021, Hawaii Revised Statutes, is
amended to read as follows:

����
"
�710-1021
�
Escape in the second degree.
�
(1)
�
A
person commits the offense of escape in the second degree if the person
intentionally escapes from a correctional or detention facility or from
custody.

����
(2)
�

Escape in the second degree is a class C felony.

����
(3)
�

Notwithstanding subsection (2), if the offense was committed by a person
under the custody of the director of health solely pursuant to section
704-421(1) for a petty misdemeanor not involving violence or attempted
violence, it shall be a petty misdemeanor; provided that this subsection shall
not apply if the person is arrested for a new felony offense in the course of
the escape or during the pendency of the escape.
"

����
SECTION
23
.
�
Section 710-1011, Hawaii Revised Statutes, is
repealed.

����
["
�710-1011
�
Refusing to aid a law enforcement officer.
�
(1)
�
A
person commits the offense of refusing to aid a law enforcement officer when,
upon a reasonable command by a person known to him to be a law enforcement
officer, he intentionally refuses or fails to aid such law enforcement officer,
in:

����
(a)
�
Effectuating or securing an arrest; or

����
(b)
�
Preventing the commission by another of any
offense.

����
(2)
�

Refusing to aid a law enforcement officer is a petty misdemeanor.

����
(3)
�

A person who complies with this section by aiding a law enforcement
officer shall not be held liable to any person for damages resulting therefrom,
provided he acted reasonably under the circumstances known to him at the time.
"]

PART VIII

����
SECTION 24.
�
The purpose of this part is to amend chapter 711,
Hawaii Revised Statutes, regarding offenses against public order.

����
SECTION 25.
�

Chapter 711, Hawaii Revised Statutes, is amended by adding a new section
to part I to be appropriately designated and to read as follows:

����
"
�711-
��
��
Consenting to unreasonable noise on premises.
�
A
renter, resident, owner-occupant, or other person responsible for a premises
who intentionally, knowingly, recklessly, or negligently allows another person
to make unreasonable noise on the premises shall be guilty of a violation.
"

����
SECTION 26.
�

Section 711-1100, Hawaii Revised Statutes, is amended by adding a new
definition to be appropriately inserted and to read as follows:

����
"
"Make unreasonable
noise" means to make noise that:

����
(1)
�
Considering
the nature and purpose of the person's conduct and the circumstances known to
the person, including the nature of the location and the time of the day or
night, involves a gross deviation from the standard of conduct that a
law-abiding citizen would follow in the same situation; or

����
(2)
�
Fails
to heed the admonition of a police officer that the noise is unreasonable and
should be stopped or reduced.
"

����
SECTION
27
.
�
Section 711-1101, Hawaii Revised Statutes, is
amended by amending subsections (2) and (3) to read as follows:

����
"(2)
�

[
Noise is unreasonable, within the meaning of subsection (1)(b), if
considering the nature and purpose of the person's conduct and the
circumstances known to the person, including the nature of the location and the
time of the day or night, the person's conduct involves a gross deviation from
the standard of conduct that a law-abiding citizen would follow in the same
situation; or the failure to heed the admonition of a police officer that the
noise is unreasonable and should be stopped or reduced.

����
The renter, resident, or owner-occupant
of the premises who knowingly or negligently consents to unreasonable noise on
the premises shall be guilty of a noise violation.
]
�
Except as provided in subsection (3),
disorderly conduct is a violation.

����
(3)
�

Disorderly conduct is a petty misdemeanor if it is the defendant's
intention to cause substantial harm or serious inconvenience, or if the
defendant persists in disorderly conduct after reasonable warning or request to
desist.
�
[
Otherwise disorderly conduct
is a violation.
]"

PART IX

����
SECTION 28.
�
The purpose of this part is to amend chapter 712,
Hawaii Revised Statutes, regarding offenses against public health and morals.

����
SECTION 29.
�

Chapter 712, Hawaii Revised Statutes, is amended by adding a new section
to part IV to be appropriately designated and to read as follows:

����
"
�712-
��
��
Possessing a dangerous drug in the second degree.
�
(1)
�
A person commits the offense of possessing a
dangerous drug in the second degree if the person knowingly possesses any
dangerous drug in any amount.

����
(2)
�
Possessing a dangerous drug in the second
degree is a misdemeanor.

����
(3)
�
Whenever a court sentences a person, grants a
motion for deferral, or grants a conditional discharge, it shall also require
that the person completes a substance abuse assessment and treatment, if
necessary.

����
(4)
�
For a third or any subsequent conviction
within five years of a second or subsequent conviction, the sentence shall be
six months incarceration as a term and condition of probation with early
release to a substance abuse treatment program or up to one year incarceration.
"

����
SECTION
30
.
�
Section 712-1243, Hawaii Revised Statutes, is
amended to read as follows:

����
"
�712-1243
�
[
Promoting
]

Possessing
a dangerous drug in the [
third
]
first
degree.
�
(1)
�
A
person commits the offense of [
promoting
]
possessing
a dangerous
drug in the [
third
]
first
degree if the person knowingly
possesses [
any dangerous drug in any amount.
]
:

����
(a)
�
Three
to twenty-four capsules, tablets, ampules, dosage units, or syrettes,
containing one or more dangerous drugs; or

����
(b)
�
One
or more preparations, compounds, mixtures, or substances of an aggregate weight
of:

����
����
(i)
�
0.5 grams up to 3.53 grams containing
methamphetamine, heroin, morphine, cocaine, or fentanyl or any of their
respective salts, isomers, and salts of isomers; or

����
���
(ii)
�
2.0 grams up to 6.99 grams containing any
dangerous drug.

����
(2)
�
[
Promoting
]
Possessing
a
dangerous drug in the [
third
]
first
degree is a class C felony.
"

����
SECTION
31
.
�
Section 712-1255, Hawaii Revised Statutes, is
amended by amending subsection (1) to read as follows:

����
"(1)
�

Whenever any person who has not previously been convicted of any offense
under this chapter or chapter 329 or under any statute of the United States or
of any state relating to a dangerous drug, harmful drug, detrimental drug, or
an intoxicating compound, pleads guilty to or is found guilty of promoting a
dangerous drug, harmful drug, detrimental drug, or an intoxicating compound
under section 712-1243, 712-1245, 712‑1246, 712-1248, 712-1249, [
or
]
712-1250,
or 712-
��
,
the court,
without entering a judgment of guilt and with the consent of the accused, may
defer further proceedings and place the accused on probation upon terms and
conditions.
�
Upon violation of a term or
condition, the court may enter an adjudication of guilt and proceed as
otherwise provided."

PART X

����
SECTION 32.
�
The purpose of this part is to amend chapter 804,
Hawaii Revised Statutes, regarding bail and bonds.

����
SECTION
33
.
�
Section 804-7, Hawaii Revised Statutes, is
amended to read as follows:

����
"
�804-7
�
Release after bail.
�
The judiciary, in consultation with the
department of corrections and rehabilitation and the department of the attorney
general, shall establish
, on or before
���������
,
and administer a statewide
program that permits the posting of monetary bail seven‑days‑a‑week
for defendants who remain in the custody of the director of corrections and
rehabilitation.
�
This program shall be
made available to any defendant for whom a monetary amount of bail has been set
by the police, other law enforcement agency, or the court.
�
The judiciary may contract with a single
vendor to administer the program.
�
The
vendor may charge users of the program a service fee.
�
Upon posting of bail, the defendant shall be
released from custody forthwith."

����
SECTION
34
.
�
Section 804-7.1, Hawaii Revised Statutes, is
amended to read as follows:

����
"
�804-7.1
�
Conditions of release on bail, recognizance,
or supervised release.
�
Upon a showing that there exists a danger
that the defendant will commit a serious crime or will seek to intimidate
witnesses, or will otherwise unlawfully interfere with the orderly
administration of justice, the judicial officer named in section 804-5 may deny
the defendant's release on bail, recognizance, or supervised release.

����
Upon the defendant's release on bail,
recognizance, or supervised release, however, the court may enter an order:

����
(1)
�
Prohibiting the defendant from
approaching or communicating with particular persons or classes of persons,
except that no such order should be deemed to prohibit any lawful and ethical
activity of defendant's counsel;

����
(2)
�
Prohibiting the defendant from going to
certain described geographical areas or premises;

����
(3)
�
Prohibiting the defendant from
possessing any dangerous weapon, engaging in certain described activities, or
indulging in intoxicating liquors or certain drugs;

����
(4)
�
Requiring the defendant to report
regularly to and remain under the supervision of an officer of the court;

����
(5)
�
Requiring the defendant to maintain
employment, or, if unemployed, to actively seek employment, or attend an
educational or vocational institution;

����
(6)
�
Requiring the defendant to comply with
a specified curfew;

����
(7)
�
Requiring the defendant to seek and
maintain mental health treatment or testing, including treatment for drug or
alcohol dependency, or to remain in a specified institution for that purpose;

����
(8)
�
Requiring the defendant to remain in
the jurisdiction of the judicial circuit in which the charges are pending
unless approval is obtained from a court of competent jurisdiction to leave the
jurisdiction of the court;

����
(9)
�
Requiring the defendant to submit to
the use of electronic monitoring and surveillance;

���
(10)
�
Requiring the confinement of the
defendant in the defendant's residence;

���
(11)
�
Requiring the defendant to satisfy any other
condition reasonably necessary to ensure the appearance of the defendant as
required and to ensure the safety of any other person or community; or

���
(12)
�
Imposing any combination of conditions
listed above;

provided
that the court shall impose the least restrictive non‑financial
conditions required to ensure the defendant's appearance and to protect the
public.
�
Unless specifically required
by another statute, to the extent the conditions of release require electronic
monitoring and surveillance, the department of corrections and rehabilitation
shall be responsible for the cost, and the defendant shall not be charged;
provided that the department may seek reimbursement from the defendant or
filing a claim or complaint for lost equipment or damages to the equipment.
�
The department's responsibilities regarding
electronic monitoring and surveillance shall be subject to legislative
appropriations specifically for this purpose.

����
The judicial officer may revoke a
defendant's bail upon proof that the defendant has breached any of the
conditions imposed.
"

PART XI

����
SECTION
35
.
�
The purpose of this part is to ensure that
the amendments made to section 709-906(19), Hawaii Revised Statutes, by section
19 of this Act are not made moot before the amendments can take effect.

����
SECTION
36
.
�
Act 19, Session Laws of Hawaii 2020, is
amended by amending section 15 to read as follows:

����
"SECTION 15.
�
This Act shall take effect on January 1,
2021; provided that sections 2[
, 3,
] and 4 shall be repealed on June 30,
2026; provided further that sections 706-623[
, 709
‑
906
,] and 853
‑
4, Hawaii Revised Statutes,
shall be reenacted in the form in which they read on the day prior to the
effective date of this Act."

����
SECTION
37
.
�
Act 23, Session Laws of Hawaii 2023, as
amended by Act 178, Session of Hawaii 2024, is amended by amending section 7 to
read as follows:

����
"SECTION 7.
�
This Act shall take effect upon its approval;
provided that the amendments made to section 709-906, Hawaii Revised Statutes,
by section 4 of this Act shall not be repealed when that section is reenacted
on June 30, 2026, pursuant to[
:

����
(1)
�
Section
15 of Act 19, Session Laws of Hawaii 2020; and

����
(2)
�
Section
]

section
4 of Act 238, Session Laws of Hawaii 2021."

PART XII

����
SECTION 38.
�

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

����
SECTION 39.
�

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

����
SECTION 40.
�

This Act shall take effect on July 1, 2026; provided that:

����
(1)
�
Part
XI shall take effect on June 29, 2026;

����
(2)
�
The
amendments made to section 706-623(1), Hawaii Revised Statutes, by section 17
of this Act shall not be repealed when that section is reenacted on June 30, 2026,
pursuant to section 15 of Act 19, Session Laws of Hawaii 2020; and

����
(3)
�
The
amendments made to section 709-906(19), Hawaii Revised Statutes, by section 19
of this Act shall not be repealed when that section is reenacted on June 30, 2026,
pursuant to section 4 of Act 238, Session Laws of Hawaii 2021.

INTRODUCED
BY:

_____________________________

Report Title:

Hawaii
Penal Code; Committee Recommendations; Implementation

Description:

Implements
recommendations pursuant to Act 245, SLH 2024 to amend the Hawaii Penal Code.

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