SB 3142 Hawaii Senate · 2026 Regular Session

RELATING TO DANGEROUS INTOXICATION.

Summary

Establishes the offenses of dangerous intoxication and habitual dangerous intoxication. Provides for civil protective custody and transport for emergency examination in lieu of arrest for dangerous intoxication in specified circumstances, and bars prosecution when civil protective custody is used. Requires probation with mandatory treatment for habitual dangerous intoxication, with incarceration only upon probation violation. Makes conforming amendments to chapter 334, HRS, relating to admission to psychiatric facilities and assisted community treatment. Delays implementation by one year. Effective 7/1/3000. (HD1)

Issues: ✓ Criminal Justice

Bill status passed both 4 of 5 stages cleared

Introduction

Jan 2026

Committee Review

Apr 2026

Senate Passage

Mar 2026

House Passage

Apr 2026

Governor

Introduced Jan 26, 2026 Last action Apr 16, 2026

Maddy AI version diff · 3 comparisons

What changed between versions

SB3142_SD1 → SB3142_SD2 · 4 edits

MODERATE

This bill updates the effective dates for new laws regarding dangerous intoxication and mental health procedures, moving the implementation from 2036 to 2050. It also refines legal definitions, clarifies when law enforcement can use civil protective custody instead of arrest, and adjusts the specific roles of medical professionals during emergency examinations.

Scope change

The bill's scope remains focused on dangerous intoxication and mental health emergency procedures, but the timeline for when these new rules become active has been significantly delayed.

TIMELINE

The effective date for the new dangerous intoxication laws was changed from July 1, 2036, to January 30, 2050, with implementation starting July 1, 2036.

DEFINITION

Definitions for 'substance abuse counselor' and 'clinically indicated' were clarified to specify certification requirements and assessment processes.

ENFORCEMENT

Rules for civil protective custody were updated to ensure medical stabilization occurs before emergency examinations, and exceptions for arrest were clarified for serious crimes or escape risks.

REQUIREMENT

The roles of medical staff during emergency examinations were adjusted to specify when a licensed nurse can screen patients versus when a psychiatrist must conduct a full evaluation.

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 16, 2026

Amended

Senate disagrees with House amendments.

upper

Apr 16, 2026

Introduced

Received from House (Hse. Com. No. 754).

upper

Apr 14, 2026

Lower · Passed

Passed Third Reading with Representative(s) Cochran voting aye with reservations; Representative(s) Iwamoto voting no (1) and Representative(s) Quinlan excused (1). Transmitted to Senate.

lower

Apr 8, 2026

Lower · Passed

The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 8 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Hashem, Kahaloa, Takayama, Garcia, Shimizu; Ayes with reservations: none; Noes: none; and 2 Excused: Representative(s) Sayama, Cochran.

lower

Mar 12, 2026

Committee

Referred to JHA, referral sheet 17

lower

Mar 10, 2026

Introduced

Received from Senate (Sen. Com. No. 369) in amended form (SD 2).

lower

Mar 10, 2026

Upper · Passed

Report adopted; Passed Third Reading, as amended (SD 2). Ayes, 25; Aye(s) with reservations: none . Noes, 0 (none). Excused, 0 (none). Transmitted to House.

upper

Mar 5, 2026

Upper · Passed

The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 5 Aye(s): Senator(s) Rhoads, Gabbard, Chang, San Buenaventura, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.

upper

Feb 25, 2026

Upper · Passed

The committee(s) on JDC will hold a public decision making on 03-05-26 10:01AM; Conference Room 016 & Videoconference.

upper

Feb 18, 2026

Upper · Passed

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

upper

Feb 18, 2026

Committee

Reported from HHS (Stand. Com. Rep. No. 2355) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JDC.

upper

Feb 13, 2026

Upper · Passed

The committee(s) on HHS recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in HHS were as follows: 5 Aye(s): Senator(s) San Buenaventura, McKelvey, Kanuha, Keohokalole, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.

upper

Feb 6, 2026

Upper · Passed

The committee(s) on HHS has scheduled a public hearing on 02-11-26 1:00PM; Conference Room 225 & Videoconference.

upper

Feb 2, 2026

Committee

Referred to HHS, JDC.

upper

Jan 28, 2026

Introduced

Introduced.

upper

Jan 26, 2026

Introduced

Pending Introduction.

upper

1 primary · 0 co-sponsors