Criminal Justice

SB 2516 creates a new penalty system for obstructing criminal investigations, directly affecting individuals who interfere with law enforcement (e.g., witnesses lying or defendants tampering with evidence). It replaces a flat penalty with a "gradient structure," meaning punishments increase based on the severity of the original crime being obstructed. For example, hindering a murder investigation would carry a harsher penalty than obstructing a minor traffic violation case. This change aims to make sentencing more proportional to the seriousness of the underlying offense.

Requires a mandatory twelve-month minimum sentence of incarceration, without the possibility of parole, for a conviction of theft in the first degree when the value of the property or services stolen exceeds $250,000, whether imposed as a mandatory minimum sentence for an indeterminate term of imprisonment or as a condition of probation, in addition to any other authorized disposition such as restitution or a fine. (SD1)

Clarifies and updates the sex trafficking and promoting prostitution criminal offense statutes by refining the definition of "profits from prostitution," establishing an affirmative defense to these offenses for certain lawful transactions, and making technical and other housekeeping amendments. (SD1)

Amends forfeiture laws to require the owner of property seized in relation to a crime to be convicted of the covered offense before the property may be forfeited.

Prohibits discrimination based on the perception that a person possesses certain characteristics, the perception that a person is associated with a person who possesses, or is perceived to possess, certain characteristics, or the intersection or combination of two or more specified characteristics in relation to a person. (SD1)

Requires the Department of the Prosecuting Attorney of the City and County of Honolulu to submit a report to the Legislature. Appropriates grant-in-aid moneys to the Department of the Prosecuting Attorney of the City and County of Honolulu for the Victim Witness Assistance Program. (SD1)

By July 1, 2027, requires the Department of the Attorney General to develop a Human Trafficking Awareness Training Program to educate and train workers in the transient accommodations sector. Requires transient accommodations employers and transient accommodations third-party contractors to periodically provide the human trafficking awareness training to certain employees and contract workers and keep records of the training. By January 1, 2028, requires transient accommodations employers and transient accommodations third-party contractors to post signage regarding human trafficking awareness. By October 1, 2027, requires transient accommodations employers and transient accommodations third-party contractors to develop and implement a human trafficking prevention policy that includes procedures for the reporting of suspected human trafficking.

SB 2732 requires courts to consider a defendant's actual financial situation - not just a fixed bail amount - when determining pretrial release. It directly affects individuals detained before trial who cannot afford cash bail. The bill mandates judges to evaluate specific factors related to a defendant's ability to pay, such as income and assets. This aims to reduce pretrial detention based solely on wealth, rather than financial capacity.

Establishes as a class B felony the unlicensed performance of contractor work, during or within 5 years following a national emergency, state of emergency, or disaster proclamation, in an affected political subdivision. Effective 7/1/2050. (SD1)

Prohibits persons from operating a medical cannabis dispensary or cultivating cannabis without a license from the Department of Health. Prohibits individuals from providing certain services to individuals engaging in unlicensed cannabis operations. Requires the Department of Health to send a cease and desist notice to violators. Establishes criminal penalties. Establishes an affirmative defense for, and a conclusive basis for certain violations. Establishes exceptions. Establishes a cannabis cultivator license to authorize the cultivation and distribution of cannabis plants. Requires the Department of Health to only issue one cannabis cultivator license for each person. Establishes limits on: (1) the number of cannabis cultivator licenses the Department of Health may issue; (2) the maximum size of plant canopy for indoor and outdoor cultivations for each cannabis cultivator license; and (3) the maximum plant count of mature cannabis plants for each cannabis cultivator license. Authorizes expenditures from the Medical Cannabis Registry and Regulation Special Fund to fund programs for the mitigation and abatement of nuisances relating to chapter 329D, HRS. Appropriates funds out of the Medical Cannabis Registry and Regulation Special Fund for the Department of Attorney General to enforce, and mitigate nuisances relating to, chapter 329D, HRS. Effective 12/31/2050. (SD2)