Criminal Justice (Judges)

This bill prohibits companies that make smart home security devices from sharing user data with law enforcement unless specific conditions are met. Data sharing is only allowed if the user gives written consent, a judge issues a warrant, or an immediate emergency involving imminent death or serious bodily harm exists. The law also bans companies from forcing users to agree to data sharing as a requirement to use their devices. Violations of these rules can result in penalties and legal action by the state attorney general, but private individuals cannot sue under this specific section.

This bill, signed into law by the Governor of Hawaii on April 28, 2026, modifies state statutes regarding domestic abuse orders for protection. It allows courts to keep petition records confidential from the public upon request by the accused or the person being restrained, provided that law enforcement officers can still access these records without needing a separate court order. The changes apply to both temporary restraining orders and extended protective orders when they are denied by a judge. This legislation aims to balance privacy concerns with the need for law enforcement to have access to relevant case information.

Extends the period during which a surety, surety insurer, or bail agent may file a motion or application to set aside the bond or recognizance forfeiture from thirty days to ninety days. Ensures that proper notice of a bail forfeiture judgment is provided to a surety or bail agent. Affirms that a judge may impose financial conditions of release and maintain full discretion to consider individual circumstances. Allows a surety or bail agent to apply to set aside a forfeiture, even if a prior motion has been filed. Subjects bail bond forfeiture proceedings to Rule 60 of the Hawaii Rules of Civil Procedure. Prohibits forfeiture from being ordered in any felony case.

Removes requirement that all wiretapping applications made to a designated judge be accompanied by a written memorandum from the Department of the Attorney General recommending approval or disapproval.