HawaiiSB 9552025–2026 Regular Session (Year 2)Senate

RELATING TO FITNESS TO PROCEED.

Sponsored By: Joy A. San Buenaventura (Democratic)

Passed

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)

DOHJudiciaryPenal CodeFitness-to-Proceed ExaminationsQualified ExaminersEscape From CustodyHLT, JHA, FIN

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Bill Overview

No Economic Impacts Identified for this Bill

Sponsors & Cosponsors

Sponsor

  • Joy A. San Buenaventura

    Democratic • Senate

Cosponsors

  • Stanley Chang

    Democratic • Senate

  • Angus L.K. McKelvey

    Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 92 • No: 2

House vote 3/14/2025

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

Yes: 47 • No: 0

Senate vote 3/4/2025

Senate Floor Vote

Yes: 24 • No: 1

Senate vote 2/19/2025

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

Yes: 13 • No: 0

Senate vote 2/13/2025

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

Yes: 4 • No: 0

Senate vote 2/13/2025

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

Yes: 4 • No: 1

Actions Timeline

  1. Carried over to 2026 Regular Session.

    12/8/2025
  2. Reported from HLT (Stand. Com. Rep. No. 1231) as amended in HD 1, recommending passage on Second Reading and referral to JHA.

    3/14/2025House
  3. Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with Representative(s) Garcia, Pierick, Souza voting aye with reservations; none voting no (0) and Representative(s) Cochran, Holt, Iwamoto, Ward excused (4).

    3/14/2025House
  4. 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.

    3/12/2025House
  5. Bill scheduled to be heard by HLT on Wednesday, 03-12-25 9:00AM in House conference room 329 VIA VIDEOCONFERENCE.

    3/7/2025House
  6. Pass First Reading

    3/6/2025House
  7. Referred to HLT, JHA, FIN, referral sheet 19

    3/6/2025House
  8. 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.

    3/4/2025Senate
  9. Received from Senate (Sen. Com. No. 228) in amended form (SD 2).

    3/4/2025House
  10. Reported from WAM (Stand. Com. Rep. No. 839) with recommendation of passage on Third Reading, as amended (SD 2).

    2/28/2025Senate
  11. 48 Hrs. Notice 03-04-25.

    2/28/2025Senate
  12. 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.

    2/19/2025Senate
  13. Reported from HHS/JDC (Stand. Com. Rep. No. 657) with recommendation of passage on Second Reading, as amended (SD 1) and referral to WAM.

    2/14/2025Senate
  14. Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM.

    2/14/2025Senate
  15. The committee(s) on WAM will hold a public decision making on 02-19-25 10:02AM; Conference Room 211 & Videoconference.

    2/14/2025Senate
  16. 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.

    2/13/2025Senate
  17. 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.

    2/13/2025Senate
  18. The committee(s) on HHS/JDC has scheduled a public hearing on 02-13-25 9:00AM; Conference Room 016 & Videoconference.

    2/5/2025Senate
  19. Referred to HHS/JDC, WAM.

    1/23/2025Senate
  20. Passed First Reading.

    1/21/2025Senate
  21. Introduced.

    1/17/2025Senate

Bill Text

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