Criminal Justice

SB 2516 creates a new penalty system for obstructing criminal investigations, directly affecting individuals who interfere with law enforcement (e.g., witnesses lying or defendants tampering with evidence). It replaces a flat penalty with a "gradient structure," meaning punishments increase based on the severity of the original crime being obstructed. For example, hindering a murder investigation would carry a harsher penalty than obstructing a minor traffic violation case. This change aims to make sentencing more proportional to the seriousness of the underlying offense.

Clarifies and updates the sex trafficking and promoting prostitution criminal offense statutes by refining the definition of "profits from prostitution," establishing an affirmative defense to these offenses for certain lawful transactions, and making technical and other housekeeping amendments. (SD1)

Prohibits persons from operating a medical cannabis dispensary or cultivating cannabis without a license from the Department of Health. Prohibits individuals from providing certain services to individuals engaging in unlicensed cannabis operations. Requires the Department of Health to send a cease and desist notice to violators. Establishes criminal penalties. Establishes an affirmative defense for, and a conclusive basis for certain violations. Establishes exceptions. Establishes a cannabis cultivator license to authorize the cultivation and distribution of cannabis plants. Requires the Department of Health to only issue one cannabis cultivator license for each person. Establishes limits on: (1) the number of cannabis cultivator licenses the Department of Health may issue; (2) the maximum size of plant canopy for indoor and outdoor cultivations for each cannabis cultivator license; and (3) the maximum plant count of mature cannabis plants for each cannabis cultivator license. Authorizes expenditures from the Medical Cannabis Registry and Regulation Special Fund to fund programs for the mitigation and abatement of nuisances relating to chapter 329D, HRS. Appropriates funds out of the Medical Cannabis Registry and Regulation Special Fund for the Department of Attorney General to enforce, and mitigate nuisances relating to, chapter 329D, HRS. Effective 12/31/2050. (SD2)

Beginning July 1, 2025, extends the term of the Oversight Coordinator for the Hawaii Correctional System Oversight Commission. Clarifies that the Oversight Coordinator has the general authority to inspect agencies and correctional facilities without notice. (SD2)

Establishes the right of a person to record law enforcement activities. Establishes a private right of action for any violation of the right to record law enforcement activities. Effective 7/1/3000. (HD2)

SB 778 prohibits judges from sentencing defendants classified as "emerging adults" (typically young adults aged 18-25) to life imprisonment without the possibility of parole. This bill directly affects young adults who are tried and convicted as adults for crimes committed while in this age range. The key provision removes life without parole as a sentencing option for these individuals, requiring judges to consider alternatives like prison terms with the possibility of parole. The bill focuses on changing sentencing practices for a specific age group within the adult criminal justice system.

Prohibits a landlord or the landlord's agent from charging an application fee for a criminal background check or credit report if an applicant provides a certified copy of a criminal background check or credit report. Prohibits a landlord or the landlord's agent from charging an application fee if a comprehensive reusable tenant screening report is available. Requires a landlord or the landlord's agent to provide, upon request, a certified copy of an applicant's criminal background check or credit report. Effective 7/1/2050. (SD1)

SB 279 aligns the legal possession thresholds for fentanyl with those for methamphetamine, heroin, morphine, and cocaine. This means the amount of fentanyl that triggers criminal penalties will now match the established thresholds for these other serious drugs. The bill directly affects individuals possessing fentanyl, as it changes the point at which possession becomes a criminal offense under current law. This is a policy change to standardize penalties for fentanyl with other high-level controlled substances.

SB 371 creates new criminal offenses for damaging critical infrastructure facilities, establishing distinct penalties for first-degree (more severe) and second-degree property damage. It directly affects individuals who intentionally damage facilities like power plants, water treatment centers, or communication hubs. The bill defines "critical infrastructure facilities" and sets specific criminal penalties for property damage to these sites. This law aims to strengthen legal protections for essential public infrastructure systems.

Permanently establishes and appropriates funds for the Community Outreach Court as a division of the District Court of the First Circuit. Effective 4/23/2057. (HD1)