RELATING TO TIME LIMITATIONS FOR CRIMES.

SB2886

THE SENATE

S.B. NO.

2886

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to time limitations for crimes
.

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

����
SECTION
1
.
�
Section 701-108, Hawaii Revised Statutes, is
amended to read as follows:

����
"
�701-108
�
Time
limitations.
�
(1)
�
A prosecution for
the
following offenses may be commenced at any time:

����
(a)
�
murder[
,
]
;

����
(b)
�
murder in the first and second degrees[
,
]
;

����
(c)
�
attempted murder[
,
]
;

����
(d)
�
attempted murder in the first and
second degrees[
,
]
;

����
(e)
�
criminal conspiracy to commit murder in
any degree[
,
]
;

����
(f)
�
criminal solicitation to commit murder
in any degree[
,
]
;

����
(g)
�
sexual assault in the first
,
[
and
]
second
, third and fourth
degrees[
,
]
;

����
(h)
�
sex trafficking[
,
]
;
and

����
(i)
�
continuous sexual assault of a minor
under the age of fourteen years [
may be commenced at any time
].

����
(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 a parking violation must be commenced within one year
after it is committed.

����
(3)
�
If the period prescribed in subsection (2)
has expired, a prosecution may nevertheless be commenced for:

����
(a)
�
Any offense an element of which is
fraud, deception as defined in section 708-800, or a breach of fiduciary
obligation or the offense of medical assistance fraud under section 346-43.5,
within three years after discovery of the offense by an aggrieved party or by a
person who has a legal duty to represent an aggrieved party and who is oneself
not a party to the offense, but in no case shall this provision extend the
period of limitation by more than six years from the expiration of the period
of limitation prescribed in subsection (2);

����
(b)
�
Any offense based on misconduct in
office by a public servant at any time when the defendant is in public office
or employment or within two years thereafter, but in no case shall this
provision extend the period of limitation by more than three years from the
expiration of the period of limitation prescribed in subsection (2); and

����
(c)
�
Any felony offense involving evidence
containing deoxyribonucleic acid from the offender, if a test confirming the
presence of deoxyribonucleic acid is performed prior to expiration of the
period of limitation prescribed in subsection (2), but in no case shall this
provision extend the period of limitation by more than ten years from the
expiration of the period of limitation prescribed in subsection (2).

����
(4)
�
An offense is committed either when every
element occurs, or, if a legislative purpose to prohibit a continuing course of
conduct plainly appears, at the time when the course of conduct or the
defendant's complicity therein is terminated.
�

Time starts to run on the day after the offense is committed.

����
(5)
�
A prosecution is commenced either when an
indictment is found or a complaint filed, or when an arrest warrant or other
process is issued, provided that such warrant or process is executed without
unreasonable delay.

����
(6)
�
The period of limitation does not run:

����
(a)
�
During any time when the accused is
continuously absent from the State or has no reasonably ascertainable place of
abode or work within the State, but in no case shall this provision extend the
period of limitation by more than four years from the expiration of the period
of limitation prescribed in subsection (2);

����
(b)
�
During any time when a prosecution
against the accused for the same conduct is pending in this State; or

����
(c)
�
For any felony offense under chapter
707, part V or VI, during any time when the victim is alive and under eighteen
years of age.

����
(7)
�
As used in this section,
"
public servant
"

shall have the same meaning as in section 710-1000. "

����
SECTION 2.
�
This Act does
not affect rights and duties that matured, penalties that were incurred, and
proceedings that were begun before its effective date.

����
SECTION 3.
�

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

����
SECTION 4.
�

This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Sexual
Assault; Time Limitations; Crime; Prosecution

Description:

Adds
sexual assault in the third and fourth degrees to the list of offenses which
are not subject to a time limitation for prosecution.

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