HOUSE OF REPRESENTATIVES

H.B. NO.

128

THIRTY-THIRD LEGISLATURE, 2025

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO CRIMINAL JUSTICE REFORM.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that arrests are commonly made at the initiation of a criminal case, but sometimes occur needlessly when the issuance of a citation to appear in court would have sufficed.  Arrests consume a significant portion of the limited resources of understaffed police departments, increase the number of people held in custody before trial, and contribute to overcrowding in correctional facilities.  Given Hawaii's high cost of living and the significant percentage of families who live paycheck to paycheck, many arrestees cannot afford to post bail before trial.

     The legislature also finds that arrests are highly disruptive to a person's life.  Despite the fundamental principle of the presumption of innocence on which the justice system is built, arrests cause embarrassment and, in some cases, trauma, when they occur in the presence of family members, neighbors, or coworkers, or are publicized in the media.  Further, an arrest can significantly jeopardize the arrestee's housing and employment and set into motion a chain of economic and logistical hardships for the arrestee's family, especially when the arrestee is the main source of household income and cares for multiple dependents.

     Accordingly, the purpose of this Act is to reduce the number of unnecessary arrests made in criminal cases by:

     (1)  Establishing factors under which officers may, without warrant, arrest and detain persons for petty misdemeanors and violations; and

     (2)  Requiring officers to record the factors that justified the warrantless arrest.

     SECTION 2.  Section 803-5, Hawaii Revised Statutes, is amended to read as follows:

     "§803-5  By police officer without warrant.  (a)  A police officer or other officer of justice, may, without warrant, arrest and detain for examination any person when the officer has probable cause to believe that [such] the person [has] committed any felony or misdemeanor offense, whether in the officer's presence or otherwise.

     (b)  A police officer or other officer of justice, may, without warrant, arrest and detain for examination any person when the officer has probable cause to believe that the person committed any petty misdemeanor or violation, whether in the officer's presence or otherwise, and the officer is reasonably satisfied that the person:

     (1)  Will not appear in court at the time designated;

     (2)  Has an outstanding arrest warrant that would justify the person's detention or gives indication that the person might fail to appear in court;

     (3)  Committed an offense of such nature that there will be further police contact on or about the date in question, or in the immediate future; or

     (4)  Must be detained to prevent bodily injury to that person or another person.

     (c)  In any case in which an officer arrests an individual for a petty misdemeanor or violation, the officer shall record which of the factors under subsection (b) justified the arrest.

     [(b)] (d)  For purposes of this section, a police officer has probable cause to make an arrest when the facts and circumstances within the officer's knowledge and of which the officer has reasonably trustworthy information are sufficient in themselves to warrant a person of reasonable caution in the belief that a crime has been or is being committed."

     SECTION 3.  Section 803-6, Hawaii Revised Statutes, is amended as follows:

     1.  By amending its title to read:

     "§803-6  Arrest, how made[.]; citations in lieu of arrest."

     2.  By amending subsection (b) to read

     "(b)  In any case in which [it is lawful for] a police officer [to arrest] has probable cause to believe that a person [without a warrant for] committed a misdemeanor, petty misdemeanor, or violation, the police officer may, but need not, issue a citation in lieu of the requirements of [[]subsection[]] (a), if the police officer finds and is reasonably satisfied that the person:

     (1)  Will appear in court at the time designated;

     (2)  Has no outstanding arrest warrants [which] that would justify the person's detention or give indication that the person might fail to appear in court; and

     (3)  That the offense is of such nature that there will be no further police contact on or about the date in question, or in the immediate future."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Arrests; Warrantless; Citations

 

Description:

Establishes factors under which officers may, without warrant, arrest and detain persons for petty misdemeanors and violations.  Requires officers to record the factors that justified the warrantless arrest.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.