Criminal Justice

HB 390 proposes increased penalties for bribery offenses under specific circumstances. It would raise fines and/or prison sentences for individuals convicted of bribery when certain conditions are met, such as involving public officials or large sums of money. The bill directly affects people accused of bribery who fall under these heightened penalty provisions. The key mechanism is modifying existing penalty structures to impose stricter consequences in defined scenarios. This is a substantive policy change focused on criminal sentencing, not procedural or commemorative.

Requires release on recognizance for defendants charged with violations, traffic offenses, nonviolent petty misdemeanors, nonviolent misdemeanors, and nonviolent class C felonies, subject to conditions. Establishes exclusions for specified offenses, threats to public safety, and certain other circumstances. Requires findings when bail or detention is imposed, ongoing review of continued detention or conditions, and a prompt hearing if bail cannot be posted. Requires prosecutors to notify victims of pretrial decisions. Effective 7/1/3000. (SD2)

Limits the maximum term of imprisonment for misdemeanors, or for offenses punishable by up to or not exceeding one year, to three hundred sixty-four days. Allows individuals previously sentenced to a one-year term of imprisonment to apply to the court for a sentence modification to conform to the new limit. Effective 7/1/3000. (HD1)

Beginning 1/1/2027, requires contracts for services awarded to community-based organizations by the Judiciary in support of fulfilling the Judiciary's statutory mandate to individuals, families, and communities in the State to include certain protections against inflation. Appropriates funds to the Judiciary to increase the contract price in existing contracts for services provided by community-based organizations in support of fulfilling the Judiciary's statutory mandate to individuals, families, and communities in the State. Effective 7/1/3000. (HD1)

Requires any law enforcement officer acting under color of law in a public space or on state or county property to remain visibly identifiable. Prohibits law enforcement officers from wearing facial coverings while performing their duties, with certain exceptions. Requires law enforcement officers to wear apparel and use vehicles that bear conspicuous markings of the applicable law enforcement agency. Requires all civil law enforcement activity that involves participation by state or county law enforcement officers or occurs on state or county property to be conducted in a manner that adheres to specified standards. Deems certain locations to be service-first spaces and requires them to have clear, narrowly tailored procedures with respect to civil immigration actions. Requires all state and county agencies to adopt policies that limit the collection, retention, and sharing of immigration-related personal data. Requires all interagency data exchanges between state agencies, county agencies, or state and county agencies to operate under auditable agreements. Requires all state and county agencies to report annually to the Legislature and Governor regarding the civil-immigration-related requests. Requires every state and county agency to adopt a policy that prohibits immigration-based harassment or threats, including unwarranted verification of an individual's immigration status, with respect to employment or the provision of services to the public. Requires all state and county law enforcement officers to monitor civil immigration enforcement activity by activating body cameras when present in a situation in which United States Immigration and Customs Enforcement agents are interacting with a member of the general public.

Amends the factors a family court is required to consider in deciding whether the family court may waive jurisdiction over a minor or adult held for criminal proceedings for acts committed during the person's minority. Preserves the family court's jurisdiction over a minor transferred for criminal proceedings for subsequent acts that would otherwise be within the family court's jurisdiction. Requires the family court to retain jurisdiction over a minor if the court finds by clear and convincing evidence that the minor was trafficked, sexually abused, or raped by the alleged victim in the case before or during the commission of the alleged offense. (CD1)

HB 607 proposes making it a Class A felony (the most serious criminal charge) to cause serious bodily injury or death through reckless or negligent fireworks use. This bill directly affects individuals who handle fireworks in a way that results in harm, potentially facing the highest level of criminal penalties. The key mechanism establishes new criminal liability for fireworks-related injuries or fatalities, moving such incidents from lesser offenses to felony-level punishment. The bill is currently pending in the 2026 legislative session after being introduced in January 2025.

Restricts civil asset forfeiture to cases involving the commission of a felony offense where the property owner has been convicted of an underlying felony offense. Directs forfeiture proceeds to the general fund. Amends the allowable expenses for moneys in the criminal forfeiture fund. Requires the Attorney General to adopt rules necessary to carry out the purpose of the Hawaii Omnibus Criminal Forfeiture Act. Amends the deadline for the Attorney General to report to the Legislature on the use of the Hawaii Omnibus Criminal Forfeiture Act. Limits the transfer of certain forfeiture property to federal agencies. Establishes records requirements.

Removes the $600,000 annual expenditure ceiling on the Automated Victim Information and Notification System Special Fund to address rising program costs and growing victim service demands. Effective 7/1/2050. (SD1)

Increases the category of offense for criminal trespass in the first and second degree and criminal property damage in the second, third, and fourth degree.