Criminal Justice

SB 2203 makes it a criminal offense for law enforcement officers to wear masks or personal disguises while performing official duties. The bill directly affects police officers and other sworn law enforcement personnel by prohibiting this specific conduct during enforcement activities. Its key provision creates a new legal standard, defining the use of disguises as an offense punishable under state law. This bill focuses solely on regulating officer conduct during operations, without addressing broader policing policies or community impacts. The bill is currently pending committee review and has not yet been voted on.

Establishes a civil cause of action for interference with constitutional and statutory rights through threats, intimidation, or coercion. Authorizes private rights of action. Authorizes actions to be brought by the Attorney General, County Corporation Counsel, or County Attorney. Authorizes injunctive relief, declaratory relief, and certain monetary relief. Includes protections for constitutionally protected speech. Effective 7/1/3000. (HD1)

SB 2418 would repeal the existing prohibition on drug paraphernalia under the state's Uniform Controlled Substances Act. This change would remove the ban on items like pipes, bongs, or other equipment typically used for drug consumption from the law. The bill directly affects individuals who might otherwise face legal consequences for possessing such items under current law. The key mechanism is the direct removal of this specific prohibition from the legal code.

SB 2688 establishes a state protocol for releasing incarcerated individuals who are seriously ill or debilitated due to medical conditions. It directly affects people in state custody with severe health issues who meet specific medical criteria. The bill creates a formal process for prison officials to evaluate and approve compassionate release requests, replacing current ad-hoc practices. Currently, the bill is under review by the PSM committee, having passed its first reading on January 26, 2026, with a public hearing scheduled for February 4, 2026.

This bill requests the creation of a working group to study staffing shortages and security challenges at Hawaii's state courts. The group would examine how expanded duties for the Department of Law Enforcement have outpaced available Deputy Sheriff positions, leading to increased reliance on private security contractors. Its purpose is to evaluate solutions for aligning staffing levels with responsibilities, improving recruitment and retention, and reducing long-term dependence on private security contracts. The working group would include leaders from the judiciary, law enforcement, human resources, and finance to develop recommendations for addressing these systemic issues.

Establishes the right of a person to record law enforcement activities. Establishes a private right of action for any violation of the right to record law enforcement activities. Effective 7/1/3000. (HD1)

Establishes the procedure that a circuit court shall follow upon the reversal or vacation of a person's judgment of conviction on grounds consistent with innocence, and where the charges were dismissed. Requires the State to pay, through a warrant for payment issued by the Comptroller, advance compensation to any petitioner who was convicted in a court of the State, imprisoned for at least one year, and whose judgment of conviction was reversed or vacated, or was pardoned, on grounds consistent with innocence. Requires the Department of Corrections and Rehabilitation to immediately notify the Department of Human Services so the Department of Human Services may assign a case manager to a petitioner upon the petitioner's release. Requires the State to provide medical coverage to a person for a certain duration upon the reversal or vacation of the person's judgment of conviction on grounds consistent with innocence and where the charges were dismissed. Provides that the Judiciary and Department of Corrections and Rehabilitation shall retain jurisdiction over the person for the purposes of effectuating this process. Authorizes the State to seek reimbursement from the applicable county for any losses incurred by the State pursuant to this process. Requires the Department of the Attorney General to submit an annual report to the Legislature. Clarifies eligibility to seek compensation for persons whose judgment of conviction was reversed or vacated, or who were pardoned, on grounds consistent with innocence, and where the charges were dismissed. Shifts the burden of proof to the State to prove by a preponderance of evidence that the reversal or vacation of the judgment of conviction for a petitioner, or the pardoning of the petitioner, was inconsistent with innocence. Effective 7/1/3000. (HD2)

Appropriates funds to the Judiciary for the efficient processing of temporary restraining orders and gun violence protective orders. Appropriates funds to the Department of Law Enforcement to conduct public awareness campaigns on gun violence protective orders. Effective 7/1/2055. (SD2)

Prohibits with certain exceptions, the use of facial coverings and requires visible identification by law enforcement officers and their vehicles in the performance of their duties. Requires state and county law enforcement agencies to establish policies regarding state and county cooperation with federal civil immigration enforcement. Prohibits law enforcement officers from prolonging a stop to inquire about a person's civil immigration status. Establishes criminal offenses for use of a mask or facial covering by a law enforcement officer, lack of visible identification, and unauthorized civil immigration arrest or detention. Effective 3/22/2075. (SD2)

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)