SB 955 Hawaii Senate · 2026 Regular Session

RELATING TO FITNESS TO PROCEED.

Summary

Clarifies who may serve as a qualified examiner in a fitness-to-proceed examination. Clarifies the term of commitment for a defendant being held at a hospital or mental health facility for a fitness-to-proceed examination. Reduces the number of qualified examiners required for a fitness-to-proceed examination in a felony case from 3 to 1. Establishes a reduced penalty, except in certain circumstances, for a person who commits the offense of escape in the second degree while in the custody of the Director of Health. Sunsets the amendments related to fitness-to-proceed examinations on 12/31/26. Effective 7/1/3000. (HD1)

Bill status passed 3 of 5 stages cleared

Introduction

Jan 2025

Committee Review

Mar 2025

Senate Passage

Mar 2025

House Passage

Governor

Introduced Jan 17, 2025 Last action Dec 8, 2025

Maddy AI version diff · 3 comparisons

What changed between versions

SB955_SD1 → SB955_SD2 · 4 edits

MODERATE

This bill updates the personnel and financial details for conducting fitness-to-proceed examinations in Hawaii, changing the lead sponsor and adjusting the bill number and dates. It significantly alters the legal process for felony cases by reducing the number of required examiners from three to one and mandating weekly status hearings to monitor a defendant's fitness. Additionally, it introduces a sunset clause that will repeal specific amendments to the statute by December 31, 2026.

Scope change

The bill's scope regarding the number of required examiners for felony fitness-to-proceed evaluations was narrowed from three to one, and the frequency of required court hearings was increased to at least once per week.

REQUIREMENT

Reduced the number of qualified examiners required for felony fitness-to-proceed examinations from three to one.

Mandated that status hearings regarding a defendant's continued commitment must be held no less than once per calendar week at the Hawaii State Hospital.

TIMELINE

Added a sunset provision requiring the repeal of specific amendments to subsection 707-404(2) by December 31, 2026.

TECHNICAL

Updated the bill's sponsor name, bill number, and associated dates to reflect the second session version.

Floor votes

How they voted

This bill passed the Senate by voice vote (no roll call recorded).

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Mar 14, 2025

Committee

Reported from HLT (Stand. Com. Rep. No. 1231) as amended in HD 1, recommending passage on Second Reading and referral to JHA.

lower

Mar 12, 2025

Lower · Passed

The committee on HLT recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 8 Ayes: Representative(s) Takayama, Keohokapu-Lee Loy, Amato, Chun, Marten, Olds, Takenouchi; Ayes with reservations: Representative(s) Garcia; Noes: none; and 1 Excused: Representative(s) Alcos.

lower

Mar 6, 2025

Committee

Referred to HLT, JHA, FIN, referral sheet 19

lower

Mar 4, 2025

Introduced

Received from Senate (Sen. Com. No. 228) in amended form (SD 2).

lower

Mar 4, 2025

Upper · Passed

Report Adopted; Passed Third Reading, as amended (SD 2). Ayes, 24; Aye(s) with reservations: Senator(s) Fevella. Noes, 1 (Senator(s) DeCorte). Excused, 0 (none). Transmitted to House.

upper

Feb 19, 2025

Upper · Passed

The committee(s) on WAM recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in WAM were as follows: 13 Aye(s): Senator(s) Dela Cruz, Moriwaki, Aquino, DeCoite, Elefante, Hashimoto, Inouye, Kanuha, Kidani, Kim, Lee, C., Wakai, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.

upper

Feb 14, 2025

Upper · Passed

The committee(s) on WAM will hold a public decision making on 02-19-25 10:02AM; Conference Room 211 & Videoconference.

upper

Feb 14, 2025

Upper · Passed

Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM.

upper

Feb 14, 2025

Committee

Reported from HHS/JDC (Stand. Com. Rep. No. 657) with recommendation of passage on Second Reading, as amended (SD 1) and referral to WAM.

upper

Feb 13, 2025

Upper · Passed

The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 4 Aye(s): Senator(s) Rhoads, Gabbard, Chang, San Buenaventura; Aye(s) with reservations: none ; 1 No(es): Senator(s) Awa; and 0 Excused: none.

upper

Feb 13, 2025

Upper · Passed

The committee(s) on HHS recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in HHS were as follows: 4 Aye(s): Senator(s) San Buenaventura, Aquino, Hashimoto, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Keohokalole.

upper

Feb 5, 2025

Upper · Passed

The committee(s) on HHS/JDC has scheduled a public hearing on 02-13-25 9:00AM; Conference Room 016 & Videoconference.

upper

Jan 23, 2025

Committee

Referred to HHS/JDC, WAM.

upper

Jan 17, 2025

Introduced

Introduced.

upper

3 primary · 0 co-sponsors