SB 1316 Hawaii Senate · 2026 Regular Session

RELATING TO COURT-ORDERED PAYMENTS.

Summary

Requires the Judiciary to contract with a collection agency or licensed attorney to collect delinquent court-ordered fees, fines, sanctions, and court costs. Repeals the authority of the Judiciary to contract with a collection agency or licensed attorney to collect delinquent restitution. Expressly allows courts to specify a period of time or installments for payment of fees and restitution. Requires district courts to hold payment compliance hearings once per year or as soon as practicable, until all fees, fines, and restitution are fully paid, and requires a defendant in district court to appear and show cause if the defendant fails to pay in full within a time specified by the court or fails to pay three consecutive installments. Makes conforming amendments to related statutes. Appropriates funds. Effective 7/1/3000. (HD2)

Issues: ✓ Criminal Justice

Bill status passed both 4 of 5 stages cleared

Introduction

Jan 2025

Committee Review

Mar 2025

Senate Passage

Mar 2025

House Passage

Apr 2025

Governor

Introduced Jan 21, 2025 Last action Apr 2, 2026

Maddy AI version diff · 3 comparisons

What changed between versions

SB1316_HD2 → SB1316_SD1 · 5 edits

MODERATE

This bill updates Hawaii's laws regarding the collection of court-ordered fines, fees, and restitution. It primarily modernizes the effective date of the legislation from a distant future year to April 23, 2057, and clarifies procedural rules for how courts handle non-payment, including stricter requirements for proof of compliance hearings and the handling of corporate payments.

Scope change

The bill's scope remains focused on the judicial collection of monetary penalties, but it refines the procedural steps courts must take when defendants fail to pay, particularly for those ordered to pay restitution versus those only ordered to pay fines or fees.

TIMELINE

The effective date of the Act was changed from July 1, 3000, to April 23, 2057, likely to align with a specific legislative session or fiscal year.

REQUIREMENT

The bill clarifies that courts must set proof of compliance hearings for all defendants ordered to pay fees, fines, or restitution, removing previous ambiguity about when these hearings are required.

Procedural language was updated to ensure that defendants who default on payments must show cause why their default should not be treated as contumacious (willful disobedience), with clearer instructions on when warrants can be issued.

The bill specifies that for corporations or associations, the duty to pay fines and fees lies with authorized personnel, and their failure to pay can be held contumacious if they do not meet the showing required for individual defendants.

TECHNICAL

Minor formatting and punctuation adjustments were made throughout the text to standardize the legal language and remove bracketed editorial notes.

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 10, 2025

Amended

Senate disagrees with House amendments.

upper

Apr 10, 2025

Introduced

Received from House (Hse. Com. No. 678).

upper

Apr 8, 2025

Lower · Passed

Passed Third Reading as amended in HD 2 with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Marten excused (2). Transmitted to Senate.

lower

Mar 28, 2025

Lower · Passed

The committee on FIN recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 14 Ayes: Representative(s) Yamashita, Takenouchi, Grandinetti, Holt, Keohokapu-Lee Loy, Kitagawa, Kusch, Lamosao, Lee, M., Miyake, Morikawa, Templo, Alcos, Reyes Oda; Ayes with reservations: none; 0 Noes: none; and 2 Excused: Representative(s) Hussey, Ward.

lower

Mar 18, 2025

Committee

Reported from JHA (Stand. Com. Rep. No. 1334) as amended in HD 1, recommending passage on Second Reading and referral to FIN.

lower

Mar 11, 2025

Lower · Passed

The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 10 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Hashem, Kahaloa, Perruso, Takayama, Todd, Garcia, Shimizu; Ayes with reservations: none; Noes: none; and 1 Excused: Representative(s) Cochran.

lower

Mar 6, 2025

Committee

Referred to JHA, FIN, referral sheet 19

lower

Mar 4, 2025

Introduced

Received from Senate (Sen. Com. No. 301) in amended form (SD 1).

lower

Mar 4, 2025

Upper · Passed

Report Adopted; Passed Third Reading. Ayes, 24; Aye(s) with reservations: none. Noes, 1 (Senator(s) DeCorte). Excused, 0 (none). Transmitted to House.

upper

Feb 26, 2025

Upper · Passed

The committee(s) on WAM recommend(s) that the measure be PASSED, UNAMENDED. 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 20, 2025

Upper · Passed

The committee(s) on WAM will hold a public decision making on 02-26-25 10:03AM; Conference Room 211 & Videoconference.

upper

Feb 14, 2025

Upper · Passed

Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM.

upper

Feb 14, 2025

Committee

Reported from JDC (Stand. Com. Rep. No. 575) with recommendation of passage on Second Reading, as amended (SD 1) and referral to WAM.

upper

Feb 12, 2025

Upper · Passed

The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 3 Aye(s): Senator(s) Rhoads, Gabbard, Chang; Aye(s) with reservations: none ; 0 No(es): none; and 2 Excused: Senator(s) San Buenaventura, Awa.

upper

Feb 7, 2025

Upper · Passed

The committee(s) on JDC has scheduled a public hearing on 02-11-25 9:31AM; Conference Room 016 & Videoconference.

upper

Jan 27, 2025

Committee

Referred to JDC, WAM.

upper

Jan 23, 2025

Introduced

Introduced and passed First Reading.

upper

Jan 21, 2025

Introduced

Pending Introduction.

upper

1 primary · 0 co-sponsors