HB 127 Hawaii House · 2025 Regular Session

RELATING TO PRETRIAL RELEASE.

House Bill 127, titled "RELATING TO PRETRIAL RELEASE," proposes a change to the current bail system. This bill requires that bail be set at an amount a defendant can afford. To determine this amount, specific factors will be considered, though these factors are not detailed in the abstract. This measure directly affects individuals who are awaiting trial and are subject to bail requirements. The bill is currently slated to become effective on July 1, 3000.

Issues: ✓ Criminal Justice

Bill status passed both 4 of 5 stages cleared

Introduction

Jan 2025

Committee Review

Apr 2025

House Passage

Mar 2025

Senate Passage

Mar 2025

Governor

Introduced Jan 14, 2025 Last action Apr 24, 2025

Maddy AI version diff · 2 comparisons

What changed between versions

HB127_HD1 → HB127_SD1 · 4 edits

MODERATE

This bill modifies Hawaii's pretrial release laws to ensure bail amounts are set based on what defendants can actually afford, rather than their ability to pay cash bail. The changes require courts to exclude public benefits and low-income income when calculating bail, presume inability to pay for those below 150% of the federal poverty level, and add procedures for reviewing bail at any time after the initial hearing. These changes aim to reduce disparities affecting Native Hawaiians, Pacific Islanders, and people of color who are disproportionately impacted by cash bail systems.

Scope change

The bill expands the scope of pretrial release protections to explicitly address socioeconomic disparities and mandates income-based bail calculations that exclude public benefits and low-income earnings.

ELIGIBILITY

Courts must exclude public benefits income (SSI, SSDI, TANF) and income below federal poverty level when determining bail amounts.

Defendants with no income other than public benefits or household income below 150% of federal poverty level are presumed unable to pay bail.

REQUIREMENT

Added provision allowing bail to be reviewed and reconsidered at any time following the initial prompt hearing upon motion by defendant or court.

Modified bail hearing procedures to include specific findings on income consideration and ability to pay based on affidavit or testimony.

Floor votes

How they voted

This bill passed the Senate by voice vote (no roll call recorded).

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Apr 24, 2025

Upper · Passed

Conference committee meeting to reconvene on 04-24-25 5:15 PM; Conference Room 325.

upper

Apr 23, 2025

Lower · Passed

Bill scheduled for Conference Committee Meeting on Thursday, 04-24-25 2:00PM in conference room 325.

lower

Mar 28, 2025

Amended

House disagrees with Senate amendment (s).

lower

Mar 27, 2025

Introduced

Returned from Senate (Sen. Com. No. 404) in amended form (SD 1).

lower

Mar 27, 2025

Upper · Passed

Passed Third Reading, as amended (SD 1). Ayes, 19; Aye(s) with reservations: Senator(s) Elefante, McKelvey, Moriwaki . Noes, 3 (Senator(s) Awa, DeCorte, Fevella). Excused, 3 (Senator(s) DeCoite, Lee, C., Richards). Transmitted to House.

upper

Mar 13, 2025

Upper · Passed

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.

upper

Mar 10, 2025

Committee

Re-Referred to JDC.

upper

Mar 7, 2025

Upper · Passed

The committee(s) on JDC has scheduled a public hearing on 03-13-25 9:45AM; Conference Room 016 & Videoconference.

upper

Mar 6, 2025

Committee

Referred to JDC, WAM.

upper

Mar 6, 2025

Introduced

Received from House (Hse. Com. No. 190).

upper

Mar 4, 2025

Lower · Passed

Passed Third Reading with Representative(s) Reyes Oda voting aye with reservations; Representative(s) Alcos, Garcia, Kila, Kong, Matsumoto, Muraoka, Shimizu voting no (7) and Representative(s) Kapela, Pierick, Ward excused (3). Transmitted to Senate.

lower

Feb 7, 2025

Lower · Passed

The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 7 Ayes: Representative(s) Tarnas, Poepoe, Hashem, Kahaloa, Perruso, Takayama, Todd; Ayes with reservations: none; 2 Noes: Representative(s) Garcia, Shimizu; and 2 Excused: Representative(s) Belatti, Cochran.

lower

Jan 21, 2025

Committee

Referred to JHA, referral sheet 1

lower

Jan 16, 2025

Introduced

Introduced and Pass First Reading.

lower

Jan 14, 2025

Introduced

Prefiled.

lower

9 primary · 0 co-sponsors