SB 955 Hawaii Senate · 2025 Regular Session

RELATING TO FITNESS TO PROCEED.

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)

Bill status passed 3 of 5 stages cleared

Introduction

Jan 2025

Committee Review

Mar 2025

Senate Passage

Mar 2025

House Passage

Governor

Introduced Jan 17, 2025 Last action Mar 14, 2025

Maddy AI version diff · 3 comparisons

What changed between versions

SB955_SD1 → SB955_SD2 · 6 edits

MODERATE

This bill streamlines Hawaii's fitness-to-proceed process by reducing the number of required examiners in felony cases from three to one, clarifying who can serve as qualified examiners, and establishing a fixed compensation rate for private examiners. It also reduces penalties for nonviolent petty misdemeanor escape from health custody while awaiting examination and sets a sunset date for certain amendments.

Scope change

The bill applies to all fitness-to-proceed examinations in Hawaii but specifically modifies requirements for felony cases and escape penalties related to health facility custody.

REQUIREMENT

Reduced the number of qualified examiners required for fitness-to-proceed examinations in felony cases from three to one.

ELIGIBILITY

Clarified that court-based certified examiners must be used first for nonviolent petty misdemeanor cases when available, with private examiners serving as backup.

FISCAL

Established a fixed state compensation rate for private examiners to expedite examination reports and increase the pool of available professionals.

ENFORCEMENT

Reduced the penalty for nonviolent petty misdemeanor escape from health custody while awaiting examination from a class C felony to a petty misdemeanor.

TIMELINE

Added specific timelines requiring status hearings within 14 days of commitment and on the 30th day if commitment continues, with weekly hearings at the Hawaii state hospital.

Set a sunset date of December 31, 2026 for amendments made to subsection 707-404(2) of the Hawaii Revised Statutes.

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

Mar 14, 2025

Committee

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

lower

Mar 12, 2025

Lower · Passed

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.

lower

Mar 6, 2025

Committee

Referred to HLT, JHA, FIN, referral sheet 19

lower

Mar 4, 2025

Introduced

Received from Senate (Sen. Com. No. 228) in amended form (SD 2).

lower

Mar 4, 2025

Upper · Passed

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.

upper

Feb 19, 2025

Upper · Passed

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.

upper

Feb 14, 2025

Upper · Passed

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

upper

Feb 14, 2025

Committee

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

upper

Feb 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

Feb 13, 2025

Upper · Passed

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.

upper

Feb 5, 2025

Upper · Passed

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

upper

Jan 23, 2025

Committee

Referred to HHS/JDC, WAM.

upper

Jan 17, 2025

Introduced

Introduced.

upper

3 primary · 0 co-sponsors