HawaiiSB 27212025–2026 Regular Session (Year 2)SenateWALLET

RELATING TO THE ADMINISTRATION OF JUSTICE.

Sponsored By: Karl Rhoads (Democratic)

Signed by Governor

Summary

Implements recommendations from the 2025 Advisory Committee on Penal Code Review, established pursuant to Act 245, SLH 2024, to amend the Hawaii Penal Code. Effective 7/1/3000. (HD1)

Hawaii Penal CodeAdvisory Committee RecommendationsImplementationJHA, FIN

Personalized for You

How does this bill affect your finances?

Personalize government policy and PRIA will tell you what this bill means for your household, plus every other piece of legislation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.

Bill Overview

Analyzed Economic Effects

10 provisions identified: 2 benefits, 2 costs, 6 mixed.

Lower escape charge in limited cases

Escape in the second degree is a petty misdemeanor, rather than a class C felony, for a person held in health department custody solely for a nonviolent petty misdemeanor. The lower charge does not apply if the person is arrested for a new felony during the escape or while it is pending.

Broader liability for helping crimes

People who intentionally help someone commit a crime can face an attempt charge, even if the other person never commits or tries to commit it. A person can also be guilty of conspiring with a co-conspirator’s other partners in the same crime without knowing their names, if the person knows those other conspiracies exist.

Daily bail posting and state-paid monitoring

By July 1, 2027, the state must offer a way to post monetary bail seven days a week for covered defendants in corrections custody. A defendant must be released once bail is posted, but a vendor may charge a service fee. Beginning September 1, 2026, the corrections department pays for required electronic monitoring, subject to specific legislative funding. The department may seek payment for lost or damaged equipment.

New probation terms and review rules

Probation terms depend on the offense: covered felony terms include three, four, or five years, and class A felonies have a 10-year term. A judge can set a shorter term with a reason on the record. Before ending probation early, the judge must receive a probation officer’s report and give the prosecutor a chance to speak.

Drug possession charges and treatment

Knowingly possessing any amount of a dangerous drug is a misdemeanor, and courts must require an assessment in listed sentencing, deferral, or discharge proceedings. Courts may order the recommended treatment. First-degree possession includes 3 to 24 dosage units, or the stated weight ranges: 0.5 to 3.53 grams for listed drugs and 2 to 6.99 grams for any dangerous drug. Eligible people with no prior qualifying drug conviction may receive probation without an immediate judgment of guilt; qualifying repeat convictions within five years carry a six-month jail term as a probation condition, with possible treatment release or up to one year in jail.

Fewer felony labels, shorter deadlines

A felony label in a later law does not make an offense a felony by itself. The offense must meet the Hawaii Penal Code’s rules or carry a possible sentence of more than one year. Prosecution for a petty misdemeanor or violation, including a parking violation, must begin within one year.

Noise rules for renters and homeowners

People responsible for a home or other premises can face a violation if they allow another person to make unreasonable noise there. This includes noise that grossly departs from expected conduct or continues after a police officer tells the person to stop or lower it.

Fewer duties to help police or firefighters

People no longer face a petty-misdemeanor charge for refusing to help police make an arrest or prevent an offense. Refusing to help put out a fire or protect property is also removed from the fire-scene offense. People can still face a petty-misdemeanor charge for knowingly disobeying certain safety orders near a fire.

How courts prove Penal Code facts

When a fact affects how the Penal Code applies, it usually must be more likely true than not. The prosecution or defense carries the burden, depending on whose position the fact supports. This rule can help either side in a case.

New rules for fitness examinations

Courts can use telehealth for fitness examinations when the examiner requests it. Agencies must provide relevant records within 14 days of a court order, and an order can allow access without signed consent. Nonviolent misdemeanor commitments or conditional releases are limited to 120 days. The law also sets examiner rules and requires release or dismissal in certain cases when a person remains unfit.

Sponsors & Cosponsors

Sponsor

  • Karl Rhoads

    Democratic • Senate

Cosponsors

  • Stanley Chang

    Democratic • Senate

  • Lorraine R. Inouye

    Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 206 • No: 29

House vote • 5/6/2026

House Floor Vote

Yes: 43 • No: 8

Senate vote • 5/6/2026

Senate Floor Vote

Yes: 22 • No: 3

House vote • 4/28/2026

The Conference Committee recommends that the measure be Passed, with Amendments....

Yes: 3 • No: 1

Senate vote • 4/28/2026

The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS....

Yes: 3 • No: 0

House vote • 4/14/2026

House Floor Vote

Yes: 41 • No: 9

House vote • 4/7/2026

The committee on FIN recommend that the measure be PASSED, UNAMENDED. The votes ...

Yes: 15 • No: 0

House vote • 3/25/2026

Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN...

Yes: 45 • No: 3

House vote • 3/17/2026

The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The ...

Yes: 9 • No: 1

Senate vote • 3/10/2026

Senate Floor Vote

Yes: 22 • No: 3

Senate vote • 2/18/2026

The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENT...

Yes: 3 • No: 1

Actions Timeline

  1. Act 151, 06/25/2026 (Gov. Msg. No. 1252).

    6/25/2026Senate
  2. Act 151, on 06/25/2026 (Gov. Msg. No. 1252).

    6/25/2026House
  3. Received notice of passage on Final Reading in House (Hse. Com. No. 888).

    5/8/2026Senate
  4. Enrolled to Governor.

    5/8/2026Senate
  5. Passed Final Reading, as amended (CD 1). Ayes, 22; Aye(s) with reservations: Senator(s) Lamosao. Noes, 3 (Senator(s) Awa, DeCorte, Fevella). Excused, 0 (none).

    5/6/2026Senate
  6. Passed Final Reading as amended in CD 1 with Representative(s) Reyes Oda voting aye with reservations; Representative(s) Alcos, Cochran, Garcia, Gedeon, Kila, Matsumoto, Muraoka, Pierick voting no (8) and none excused (0).

    5/6/2026House
  7. Received notice of Final Reading (Sen. Com. No. 816).

    5/6/2026House
  8. Reported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 48-26).

    4/29/2026Senate
  9. 48 Hrs. Notice (as amended CD 1) 05-06-26.

    4/29/2026Senate
  10. Reported from Conference Committee (Conf Com. Rep. No. 48-26) as amended in (CD 1).

    4/29/2026House
  11. Forty-eight (48) hours notice Wednesday, 05-06-26.

    4/29/2026House
  12. The Conference Committee recommends that the measure be Passed, with Amendments. The votes were as follows: 3 Ayes: Representative(s) Tarnas, Kusch, Poepoe; Ayes with reservations: none; 1 Noes: Representative(s) Garcia; and 0 Excused: none.

    4/28/2026House
  13. The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. The votes of the Senate Conference Managers were as follows: 3 Aye(s): Senator(s) Rhoads, Chang, Gabbard; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.

    4/28/2026Senate
  14. Conference Committee Meeting will reconvene on Tuesday 04-28-26 2:00PM in conference room 325.

    4/27/2026House
  15. Conference Committee Meeting will reconvene on Monday 04-27-26 2:00PM in conference room 325.

    4/24/2026House
  16. Conference committee meeting to reconvene on 04-24-26 3:10PM; Conference Room 325.

    4/23/2026Senate
  17. Conference committee meeting scheduled for 04-23-26 2:35PM; Conference Room 325.

    4/22/2026Senate
  18. Senate Conferees Appointed: Rhoads Chair; Chang, Gabbard.

    4/21/2026Senate
  19. Received notice of Senate conferees (Sen. Com. No. 718).

    4/21/2026House
  20. House Conferees Appointed: Tarnas, Kusch Co-Chairs; Poepoe, Garcia.

    4/20/2026House
  21. Received notice of appointment of House conferees (Hse. Com. No. 787).

    4/20/2026Senate
  22. Received from House (Hse. Com. No. 694).

    4/16/2026Senate
  23. Senate disagrees with House amendments.

    4/16/2026Senate
  24. Received notice of disagreement (Sen. Com. No. 710).

    4/16/2026House
  25. Passed Third Reading with Representative(s) Kila, Reyes Oda voting aye with reservations; Representative(s) Alcos, Cochran, Garcia, Gedeon, Matayoshi, Matsumoto, Muraoka, Pierick, Shimizu voting no (9) and Representative(s) Quinlan excused (1). Transmitted to Senate.

    4/14/2026House

Bill Text

Related Bills

Back to State Legislation