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SB2730
THE SENATE
S.B. NO.
2730
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
RELATING
TO CRIMINAL JUSTICE REFORM
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
����
SECTION 1.
�
The legislature finds that arrests are
commonly made at the initiation of a criminal case, but sometimes occur
needlessly when the issuance of a citation to appear in court would have
sufficed.
�
Arrests consume a significant
portion of the limited resources of understaffed police departments, increase
the number of people held in custody before trial, and contribute to
overcrowding in correctional facilities.
�
Given Hawaii's high cost of living and the significant percentage of
families who live paycheck to paycheck, many arrestees cannot afford to post
bail before trial.
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The legislature also finds that
arrests are highly disruptive to a person's life.
�
Despite the fundamental principle of the
presumption of innocence on which the justice system is built, arrests cause
embarrassment and, in some cases, trauma, when they occur in the presence of
family members, neighbors, or coworkers, or are publicized in the media.
�
Further, an arrest can significantly
jeopardize the arrestee's housing and employment and set into motion a chain of
economic and logistical hardships for the arrestee's family, especially when
the arrestee is the main source of household income and cares for multiple
dependents.
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Additionally, in the 2018 pretrial
task force recommendations to the legislature, the first recommendation for
reducing the pretrial jail population was:
Reinforce that law enforcement
officers have discretion to issue citations, in lieu of arrest, for low level
offenses and broaden discretion to include non-violent Class C felonies.
�
For low-risk defendants who have not
demonstrated a risk of non-appearance in court or a risk of recidivism,
officers should issue citations rather than arrest.
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The
legislature finds that this Act does not address felonies and therefore only
applies to misdemeanors, petty misdemeanors, and violations.
�
As such, it is not as expansive as many
states or the recommendation made by the task force.
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Accordingly, the purpose of this Act
is to reduce unnecessary arrests in criminal cases by:
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(1)
�
Amending the
factors under which officers may arrest and detain persons without a warrant for
petty misdemeanors and violations, and requiring officers to document the
justification for the arrests;
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(2)
�
Amending the
circumstances under which officers may issue citations in lieu of arrest;
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(3)
�
Requiring officers
to issue citations in lieu of arrest for certain petty misdemeanors and
violations; and
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(4)
�
Improving court
appearance rates through a redesigned citation form and updated required citation
information.
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SECTION
2
.
�
Section 803-5, Hawaii Revised Statutes, is
amended to read as follows:
����
"
�803-5
�
By police officer without
warrant.
�
(a)
�
A police officer or other officer of justice,
may, without warrant, arrest and detain for examination any person when the
officer has probable cause to believe that [
such
]
the
person [
has
]
committed any
felony or misdemeanor
offense, whether in the officer's
presence or otherwise.
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(b)
�
A police officer or other officer of justice,
may, without warrant, arrest and detain for examination any person when the
officer has probable cause to believe that the person committed any petty
misdemeanor or violation, whether in the officer's presence or otherwise, and
the officer is reasonably satisfied that the person:
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(1)
�
Has
not offered satisfactory evidence of the person's identity;
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(2)
�
Will
not appear in court at the time designated;
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(3)
�
Has
an outstanding arrest warrant that would justify the person's detention or
gives indication that the person might fail to appear in court;
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(4)
�
Committed
an offense of such nature that there will be further police contact on or about
the date in question, or in the immediate future;
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(5)
�
Must
be detained to prevent bodily injury to that person or another person;
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(6)
�
Committed
the offense of operating a vehicle under the influence of an intoxicant under
section 291E-61; or
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(7)
�
Committed
the offense of abuse of family or household members under section 709-906.
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(c)
�
In any case in which an officer arrests an
individual for a petty misdemeanor or violation, the officer shall record which
of the factors under subsection (b) justified the arrest.
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[
(b)
]
(d)
�
For purposes of this section, a police
officer has probable cause to make an arrest when the facts and circumstances
within the officer's knowledge and of which the officer has reasonably
trustworthy information are sufficient in themselves to warrant a person of
reasonable caution in the belief that a crime has been or is being
committed."
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SECTION
3
.
�
Section 803-6,
Hawaii Revised Statutes, is amended to read as follows:
����
"
�803-6
�
Arrest, how made[
.
]
; citations in lieu of arrest.
�
(a)
�
At
or before the time of making an arrest, the person shall declare that the
person is an officer of justice, if [
such is the case.
]
applicable.
�
If the person has a warrant
,
the
person [
should
]
shall
show it; or if the person makes the arrest
without warrant in any of the cases in which it is authorized by law, the
person [
should
]
shall
give the party arrested clearly to
understand for what cause the person undertakes to make the arrest, and shall
require the party arrested to submit and be taken to the police station or
judge.
�
This done, the arrest is
complete.
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(b)
�
In any case in which [
it
is lawful for
] a police officer [
to arrest
]
has probable cause to
believe that
a person [
without a warrant for
]
committed
a
misdemeanor, petty misdemeanor, or violation,
the police officer may[
,
but need not,
] issue a citation in lieu of the requirements of subsection (a),
[
if
]
unless
the police officer finds and is reasonably satisfied
that:
����
(1)
�
The person has not offered
satisfactory evidence of the person's identity;
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[
(1)
]
(2)
�
The person will
not
appear in court at
the time designated;
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[
(2)
]
(3)
�
The person has [
no
]
an
outstanding arrest [
warrants
]
warrant
that would justify the
person's detention or [
give
]
gives
indication that the person
might fail to appear in court; [
and
]
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[
(3)
]
(4)
�
The offense is of such nature that there will
be [
no
] further police contact on or about the date in question or in
the immediate future[
.
]
; or
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(5)
�
The person must be detained to
prevent bodily injury to that person or another person.
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(c)
�
In any case in which
it is lawful for a police officer to issue a citation in lieu of the
requirements of subsection (a) for a petty misdemeanor or violation
, the
police officer shall issue a citation in lieu of the requirements of subsection
(a), unless it is lawful for the police officer to arrest the person without a
warrant for:
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(1)
�
A felony or misdemeanor offense;
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(2)
�
The offense of operating a vehicle
under the influence of an intoxicant under section 291E-61; or
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(3)
�
The offense of abuse of family or
household members under section 709-906.
Nothing
in this subsection limits law enforcement discretion to issue a citation
pursuant to subsection (b).
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(d)
�
No later than July 1, 2027, the judiciary
shall promulgate a citation form for use by police officers that includes, at a
minimum, all of the information described in subsection (e).
�
To the extent possible, the citation form
shall be designed to:
����
(1)
�
Facilitate data collection and
sharing, including between law enforcement agencies, the criminal justice
research institute, and any court reminder system managed by the judiciary; and
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(2)
�
Maximize the rate at which persons
appear in court in response to the citation, by adhering to research and best
practices on form design to improve court appearance rates.
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[
(c)
]
(e)
�
The citation shall contain:
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(1)
�
The name of the offender;
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(2)
�
The current address of the offender, if
available;
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(3)
�
[
The last four digits of the
offender's social security number,
]
The offender's cell phone number and
electronic mail address,
if available;
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(4)
�
A description of the offender;
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(5)
�
The nature of the
offense;
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(6)
�
The time and date of the offense;
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(7)
�
A notice of
the
time [
and
]
,
date
, and location
for court appearance;
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(8)
�
The signature and badge number of the
officer;
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(9)
�
The signature of the offender agreeing
to court appearance, unless the offender refuses, or is unable to sign;
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(10)
�
Any remarks; [
and
]
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(11)
�
A notice directing the offender to
appear at the time and place designated to stand trial for the offense
indicated and a notice that failure to obey the citation may result in a fine
or imprisonment, or both;
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(12)
�
Available options for citation
resolution and options for persons unable to afford any fines or costs imposed;
and
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(13)
�
The phone number and internet
address of the court for questions or additional information relating to the
court appearance;
provided
that omission of any of the information listed in paragraphs (1) to [
(11)
]
(13)
or any error in the citation shall not be a ground for dismissal of
a charge or for reversal of a conviction if the omission or error did not
prejudice the defendant.
�
To the
extent practicable, the citation shall place information described in paragraphs
(7), (11), (12), and (13) at the top of the citation, before other
administrative fields.
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[
(d)
]
(f)
�
Where a citation has been
issued in lieu of the requirements of subsection (a), the officer who issues
the summons or citation may subscribe to the complaint:
����
(1)
�
Under oath administered by any police
officer whose name has been submitted to the prosecuting officer and who has
been designated by the chief of police to administer the oath; or
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(2)
�
By
declaration in accordance with the
rules of court.
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[
(e)
]
(g)
�
If a person fails to appear
in answer to the citation[
;
]
,
or if there is reasonable cause to
believe that the person will not appear, a warrant for the person's arrest may
be issued.
�
A knowing failure to appear
in answer to the citation may be punished by a fine of [
not
]
no
more than $1,000 or imprisonment of [
not
]
no
more than thirty
days
,
or both."
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SECTION 4.
�
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 5.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.
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SECTION 6.
�
This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Judiciary;
Arrests; Warrantless; Citations
Description:
Establishes
factors under which officers may arrest and detain persons without a warrant for
petty misdemeanors and violations, and requires officers to document the
justification for the arrests.
�
Amends the circumstances under which officers may issue
citations in lieu of arrest.
�
Requires
officers to issue citations in lieu of arrest for certain petty misdemeanors and
violations.
�
Requires the Judiciary to
promulgate a standardized citation form and updates the required information
for citations.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.