Criminal Justice

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, unless public safety or flight risks are present or the alleged offense involves operating a vehicle under the influence of an intoxicant or the abuse of family or household members. Requires the Judiciary to promulgate a standardized citation form and updates the required information for citations. Requires the Criminal Justice Research Institute to submit reports. Effective 7/1/3000. (HD1)

SB 2203 makes it a criminal offense for law enforcement officers to wear masks or personal disguises while performing official duties. The bill directly affects police officers and other sworn law enforcement personnel by prohibiting this specific conduct during enforcement activities. Its key provision creates a new legal standard, defining the use of disguises as an offense punishable under state law. This bill focuses solely on regulating officer conduct during operations, without addressing broader policing policies or community impacts. The bill is currently pending committee review and has not yet been voted on.

Establishes a civil cause of action for interference with constitutional and statutory rights through threats, intimidation, or coercion. Authorizes private rights of action. Authorizes actions to be brought by the Attorney General, County Corporation Counsel, or County Attorney. Authorizes injunctive relief, declaratory relief, and certain monetary relief. Includes protections for constitutionally protected speech. Effective 7/1/3000. (HD1)

SB 2418 would repeal the existing prohibition on drug paraphernalia under the state's Uniform Controlled Substances Act. This change would remove the ban on items like pipes, bongs, or other equipment typically used for drug consumption from the law. The bill directly affects individuals who might otherwise face legal consequences for possessing such items under current law. The key mechanism is the direct removal of this specific prohibition from the legal code.

SB 2688 establishes a state protocol for releasing incarcerated individuals who are seriously ill or debilitated due to medical conditions. It directly affects people in state custody with severe health issues who meet specific medical criteria. The bill creates a formal process for prison officials to evaluate and approve compassionate release requests, replacing current ad-hoc practices. Currently, the bill is under review by the PSM committee, having passed its first reading on January 26, 2026, with a public hearing scheduled for February 4, 2026.

SB 3040 replaces the Gun Violence and Violent Crimes Commission with a new Office of Gun Violence Prevention and allocates state funding for its operations. The bill establishes a dedicated state office to coordinate gun violence prevention strategies, though specific programs or initiatives are not detailed in the abstract. It directly affects state government by creating this new entity and directing resources toward prevention efforts. The bill is currently pending committee review, with a public hearing scheduled for February 11, 2026.

Establishes the procedure that a circuit court shall follow upon the reversal or vacation of a person's judgment of conviction on grounds consistent with innocence, and where the charges were dismissed. Requires the State to pay, through a warrant for payment issued by the Comptroller, advance compensation to any petitioner who was convicted in a court of the State, imprisoned for at least one year, and whose judgment of conviction was reversed or vacated, or was pardoned, on grounds consistent with innocence. Requires the Department of Corrections and Rehabilitation to immediately notify the Department of Human Services so the Department of Human Services may assign a case manager to a petitioner upon the petitioner's release. Requires the State to provide medical coverage to a person for a certain duration upon the reversal or vacation of the person's judgment of conviction on grounds consistent with innocence and where the charges were dismissed. Provides that the Judiciary and Department of Corrections and Rehabilitation shall retain jurisdiction over the person for the purposes of effectuating this process. Authorizes the State to seek reimbursement from the applicable county for any losses incurred by the State pursuant to this process. Requires the Department of the Attorney General to submit an annual report to the Legislature. Clarifies eligibility to seek compensation for persons whose judgment of conviction was reversed or vacated, or who were pardoned, on grounds consistent with innocence, and where the charges were dismissed. Shifts the burden of proof to the State to prove by a preponderance of evidence that the reversal or vacation of the judgment of conviction for a petitioner, or the pardoning of the petitioner, was inconsistent with innocence. Effective 7/1/3000. (HD2)

This Senate Concurrent Resolution asks the federal government to provide additional funding to help Hawaii increase pay for adult corrections officers in the state's Department of Corrections and Rehabilitation. The bill addresses ongoing staffing shortages and high turnover by requesting federal financial support for competitive compensation, including base pay adjustments and retention incentives. It does not directly change state laws or budgets but serves as a formal request to federal officials to assist with workforce stabilization. The resolution aims to reduce vacancies and improve safety conditions without placing the full financial burden on state taxpayers.

Establishes the offenses of dangerous intoxication and habitual dangerous intoxication. Provides for civil protective custody and transport for emergency examination in lieu of arrest for dangerous intoxication in specified circumstances, and bars prosecution when civil protective custody is used. Requires probation with mandatory treatment for habitual dangerous intoxication, with incarceration only upon probation violation. Makes conforming amendments to chapter 334, HRS, relating to admission to psychiatric facilities and assisted community treatment. Delays implementation by one year. Effective 7/1/3000. (HD1)

SB 2253 updates the "negligent injury in the first degree" offense to explicitly include injuries caused by drivers operating vehicles while intoxicated. This change directly affects drivers who cause injury to others while under the influence of alcohol or drugs. The bill modifies the legal definition so that such incidents are prosecuted under this specific charge, ensuring they are treated as deliberate negligence under existing law. It does not change penalty levels but clarifies that intoxicated driving causing injury falls within this offense.