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Legislative Update 2024

The Judiciary provided testimony on the following measures during the Thirty-Second Legislature, 2024 Regular Session.

Click on measure number to view the current version of the measure, status, testimony submitted, and other pertinent information.

JUDICIARY PACKAGE BILLS COMPANION TITLE DESCRIPTION
HB1911 SB2374 RELATING TO THE JUDICIARY Appropriates funds for the Judiciary Supplemental budget for the 2023-2025 biennium. Declares that the appropriation exceeds the state general fund expenditure ceiling for 2024-2025.
HB1912 SB2375 RELATING TO JUDGES FOR THE DISTRICT COURT OF THE FIRST CIRCUIT Establishes one additional district court judgeship in the First Circuit.
HB1913 SB2376 RELATING TO COMPENSATION FOR COURT-APPOINTED REPRESENTATION Increases the rate of compensation and maximum allowable amounts per case for court-appointed counsel and guardian ad litem in family court proceedings. Appropriates moneys. Declares that the appropriation exceeds the state general fund expenditure ceiling for 2024-2025.
HB1914 SB2377 RELATING TO COMPENSATION FOR COURT-APPOINTED COUNSEL Increases the rate of compensation and maximum allowable amounts per case for court-appointed counsel in criminal proceedings. Appropriates funds. Declares that the appropriation exceeds the state general fund expenditure ceiling for 2024-2025.
HB1915 SB2378 RELATING TO THE UNIFORM PROBATE CODE Updates the Uniform Probate Code by reducing the number of required publications of a notice to creditors by a trustee to once a week for two successive weeks, consistent with amendments made by Act 158, SLH 2023, to publication requirements applicable to probate matters generally.
HB1916 SB2379 RELATING TO THE DISCLOSURE OF PERSONAL INFORMATION ASSOCIATED WITH CERTAIN PUBLIC SERVANTS Prohibits government agencies, persons, and organizations from publicly disclosing the personal information of certain public servants and their families upon receiving a written request. Establishes a misdemeanor offense for individuals who post personal information on the Internet in reckless disregard of the risk of harm to certain public servants and their families. Authorizes the display of personal information that is relevant to and displayed as part of a news story, commentary, editorial, or other speech on a matter of public concern. Effective 1/1/2025.
HB1917 SB2380 RELATING TO COLLECTIVE BARGAINING Appropriates moneys for collective bargaining cost items for judiciary employees and their excluded counterparts. Declares that the appropriation exceeds the general fund expenditure ceiling for 2024-2025.
HOUSE BILLS COMPANION TITLE DESCRIPTION
HB1587 SB2052 RELATING TO CIVIC ENGAGEMENT. Requires the public access room to establish and maintain an outreach and engagement program for primary, secondary, post-secondary, and community education. Requires the department of education and university of Hawaiʻi to assign appropriate staff to coordinate with the public access room for the outreach and engagement program. Establishes two full-time equivalent permanent civic education resource teacher positions. Appropriates funds to the legislative reference bureau for one full-time equivalent (1.0 FTE) position to assist in effectuating this requirement. Appropriates funds to the department of education for the expansion of civic education in the public schools.
HB1595 SB2689 RELATING TO EXPUNGEMENT. Creates a state-initiated process to expunge records of arrests and convictions pursuant to section 712-1249, Hawaiʻi Revised Statutes, at no cost to the record holder. Requires the Hawaiʻi Criminal Justice Data Center to submit biannual reports to the legislature until all eligible records are expunged.
HB1601 RELATING TO CRIMINAL JUSTICE REFORM. Requires law enforcement officers to issue citations in lieu of arrest for certain offenses.
HB1602 RELATING TO CRIMINAL JUSTICE REFORM. Authorizes a 48-hour grace period after a missed initial court appearance.
HB1603 RELATING TO CRIMINAL JUSTICE REFORM. Amends various provisions related to pretrial release.
HB1626 SB2395 RELATING TO A PROBATION COMPLIANCE CREDITS PROGRAM. Requires the Judiciary to establish a compliance credits pilot program for probationers that comply with their conditions of supervision.
HB1629 RELATING TO RENEWABLE ENERGY. Requires contested cases or environmental impact statement cases involving renewable energy, except cases involving incineration, to be appealed from an agency’s decision directly to the Hawaiʻi Supreme Court for final decision. Requires the cases to be prioritized and decided expeditiously.
HB1663 SB2706 RELATING TO EXPUNGEMENT OF CRIMINAL RECORDS. Expands eligibility for, and automates, the expungement of conviction records if certain criteria are met. Beginning 12/1/2026, requires the Attorney General to issue automatic expungement orders and the Judiciary to seal or remove information from publicly accessible databases.
HB1800 SB2234 RELATING TO THE STATE BUDGET. Adjusts and requests appropriations for fiscal biennium 2023-2025 funding requirements for operations and capital improvement projects of Executive Branch agencies and programs.
HB1831 RELATING TO CRISIS INTERVENTION. Establishes the behavioral health crisis center pilot program. Appropriates funds for the pilot program.
HB1953 SB2332 RELATING TO THE PENAL CODE. Requires the Judicial Council to conduct a comprehensive review of the Hawaiʻi Penal Code and to recommend proposed changes. Requires the Judicial Council to appoint an advisory committee to assist in the review and allows the Council to also appoint a reporter and other staff as necessary. Requires the advisory committee to report to the Legislature. Declares that the general fund expenditure ceiling is exceeded. Makes an appropriation.
HB1954 SB2556 RELATING TO THE COMMUNITY OUTREACH COURT. Permanently establishes and appropriates moneys for the Community Outreach Court as a division of the District Court of the First Circuit. Declares that the appropriations exceed the state general fund expenditure ceiling for 2024-2025.
HB1965 SB2604 RELATING TO ABUSIVE LITIGATION. Establishes a court’s authority to issue an order restricting abusive litigation.
HB2003 SB3000 RELATING TO MENSTRUAL PRODUCTS. Requires the Department of Accounting and General Services to provide menstrual products at no cost in specified restrooms in public buildings maintained by the department. Appropriates moneys. Declares that the appropriation exceeds the state general fund expenditure ceiling for 2024-2025.
HB2159, HD1 SB2382 RELATING TO MENTAL HEALTH. Part I: requires the Department of the Attorney General to assist with the preparation and filing of petitions for assisted community treatment and with the presentation of the case, unless declined by the petitioner. Part II: repeals language entitling the subject of a petition for assisted community treatment to legal representation by a public defender. Part III: provides a mechanism for the automatic screening of certain nonviolent defendants for involuntary hospitalization or assisted community treatment. Part IV: authorizes courts to require certain probation violators to undergo a mental health evaluation and treatment program as a condition of continued probation. Part V: beginning 7/1/2024, and occurring every ten years thereafter, requires the Department of Health to convene an Advisory Committee on Mental Health Code Review. Effective 7/1/3000. (HD1)
HB2234 RELATING TO CIVIL LEGAL SERVICES. Requires and appropriates moneys for the Judiciary to develop a 3-year civil legal services pilot program to provide civil legal services at no cost to eligible parties. Requires reports to the Legislature prior to the convening of the Regular Sessions of 2025, 2026, and 2027. Declares that the appropriation exceeds the state general fund expenditure ceiling for 2024-2025.
HB2267 SB2443 RELATING TO HIGHWAY SAFETY. Establishes the Automated Speed Enforcement Systems Program. Authorizes the state or counties to administer the Automated Speed Enforcement Systems Program. Requires fines collected beginning 1/1/2025 for violations on a county highway to be expended for the operation of the Automated Speed Enforcement Systems Program. Creates a new offense of noncompliance with the posted speed limit under the Automated Speed Enforcement System. Appropriates funds.
HB2373 SB3062 MAKING EMERGENCY APPROPRIATIONS FOR PUBLIC EMPLOYMENT COST ITEMS. Makes emergency appropriations for collective bargaining cost items for the members of Bargaining Units (1) and (10) and their excluded counterparts, including the cost of salary adjustments negotiated between the State and the bargaining unit representative for fiscal biennium 2023-2025.
HB2374 SB3063 MAKING EMERGENCY APPROPRIATIONS FOR PUBLIC EMPLOYMENT COST ITEMS. Makes emergency appropriations for collective bargaining cost items for the members of Bargaining Units (2), (3), (4), (9), (13), and (14) and their excluded counterparts, including the cost of salary adjustments negotiated between the State and the bargaining unit representative for fiscal biennium 2023-2025.
HB2405 SB3094 RELATING TO PEER SUPPORT SPECIALISTS. Establishes a working group to create a statewide framework for peer support specialists. Appropriates funds for hiring an administrative facilitator to provide necessary support for the peer support specialist working group in carrying out its duties and compensation for peer support specialists on the working group for time spent on working group meetings and related work and travel expenses.
HB2428 SB3117 RELATING TO THE CHILD PROTECTIVE ACT. Adds a definition for “exigent circumstances;” amends the definitions of “harm” and “imminent harm;” clarifies when the police may take protective custody of a child; clarifies when the department may assume temporary foster custody of a child; creates a judicial process for orders for protective custody.
HB2451 SB3140 RELATING TO MENTAL HEALTH. Authorizes examination of defendants via telehealth. Amends conditions for a defendant’s release or examination of fitness to proceed. Authorizes the Department of Health to implement behavioral health crisis centers. Effective 7/1/2024.
HB2509 PROPOSING AN AMENDMENT TO ARTICLE VI, SECTION 3 OF THE HAWAII STATE CONSTITUTION TO INCREASE THE MANDATORY RETIREMENT AGE FOR STATE JUSTICES AND JUDGES. Proposes a constitutional amendment to increase the mandatory retirement age for state justices and judges from 70 years to 75 years.
HB2570 SB2995 RELATING TO ATTORNEYS. Requires petitions or motions for a pro hac vice appearance for a court proceeding or arbitration proceeding to be supported by evidence of the applicant’s and local counsel’s Hawaiʻi business registrations, the applicant’s and local counsel’s Hawaiʻi general excise tax license numbers, an affirmation that both the applicant and local counsel will pay all state income tax due for Hawaiʻi business activities, and all other information or documentation required by the Rules of the Supreme Court of the State of Hawaiʻi.
HB2628 RELATING TO REHABILITATION. Requires the Judiciary, in consultation with other stakeholders, to submit monthly and annual reports to the Legislature on the effectiveness of agreements for post-booking jail diversion programs in the first circuit. Amends the criminal justice diversion program to enable examination of defendants via telehealth. Provides a mechanism for the automatic screening of certain nonviolent defendants for involuntary hospitalization or assisted community treatment. Authorizes courts to require certain probation violators to undergo a mental health evaluation and treatment program as a condition of continued probation.
HB2642 SB3332 RELATING TO EVICTION MEDIATION. Beginning 11/1/2024, extends the period for a notice of termination of a rental agreement; requires landlords to engage in mediation and delay filing an action for summary possession if a tenant schedules or attempts to schedule mediation; and requires landlords to provide specific information in the 10-calendar-day notice to tenants. Repeals 11/1/2026. Appropriates moneys. Declares that the appropriation exceeds the state general fund expenditure ceiling for 2024-2025.
HB2657 SB2685 RELATING TO ABUSIVE LITIGATION. Establishes judicial procedures to prevent and remedy abusive litigation.
HB2698 RELATING TO REHABILITATION. Requires the Department of Health to establish or contract with behavioral health crisis centers in each county to provide care, diagnosis, or treatment for persons experiencing a mental illness or substance use disorder crisis. Appropriates funds.
HB2722 SB2323 RELATING TO YOUTH FEES AND FINES. Prohibits the assessment of any fines, fees, or court costs against a person who was adjudicated for an offense committed during the person’s minority, or against the person’s parent or guardian, and discharges all related debt obligations assessed prior to the effective date of the Act. Requires the Office of the Administrative Director of the Courts to submit a report to the Legislature.
HB2742 SB3331 RELATING TO THE LANDLORD-TENANT CODE. Establishes an alternative process for the termination of the rental agreement that involves mediation. Requires the Governor to notify the Chief Justice, Legislature, and Revisor of Statutes when the final wildfire proclamation will expire. Declares that the appropriation exceeds the state general fund expenditure ceiling for 2024-2025. Appropriates funds.
SENATE BILLS COMPANION  TITLE DESCRIPTION
 SB471 RELATING TO LIVING ACCOMMODATIONS Prohibits camping in public areas that are not designated as camping locations by the State or a county. Allows the court to order participation in homeless services in lieu of prosecution or sentencing. Requires the Governor to establish safe zones for homeless persons. Makes appropriations.
SB2052 HB1587 RELATING TO CIVIC ENGAGEMENT. Requires the public access room to establish and maintain an outreach and engagement program for primary, secondary, post-secondary, and community education. Requires the department of education and university of Hawaiʻi to assign appropriate staff to coordinate with the public access room for the outreach and engagement program. Establishes two full-time equivalent permanent civic education resource teacher positions. Appropriates funds to the legislative reference bureau for one full-time equivalent (1.0 FTE) position to assist in effectuating this requirement. Appropriates funds to the department of education for the expansion of civic education in the public schools.
SB2181 RELATING TO COURT INTERPRETERS. Requires the Judiciary to increase the hourly fees, mileage reimbursement rate, and commuter-time compensation rate for court interpreters. Declares that the general fund expenditure ceiling is exceeded. Makes an appropriation.
SB2245 RELATING TO THE CHILD PROTECTIVE ACT. Adds a definition for “exigent circumstances” and amends the definition of “imminent harm” under the Child Protective Act. Clarifies the circumstances when police officers shall assume protective custody of a child and when the Department of Human Services shall assume temporary foster custody of a child. Allows for the Department of Human Services to file a petition and seek an order for protective custody if there is reasonable cause to believe that a child is subject to imminent harm. Effective 7/1/2025.
SB2246 RELATING TO CRISIS INTERVENTION. Establishes an expanded crisis intervention and diversion activities program within the Department of Health to expand existing activities to divert those with mental health issues to appropriate health care services. Defines “crisis intervention officer”. Authorizes a person believed to be imminently dangerous to self or others by a law enforcement officer to be assisted by a crisis intervention officer and transported to a designated crisis center. Makes appropriations for the expanded crisis intervention and diversion activities program and certification of law enforcement officers in mental health first aid and crisis intervention team model.
SB2319 PROPOSING AN AMENDMENT TO ARTICLE VI, SECTION 3, OF THE HAWAII STATE CONSTITUTION TO INCREASE THE MANDATORY RETIREMENT AGE FOR STATE JUSTICES AND JUDGES. Proposes a constitutional amendment to increase the mandatory retirement age for justices and judges from 70 to 75 years.
SB2323 HB2722 RELATING TO YOUTH FEES AND FINES. Prohibits the assessment of any fines, fees, or court costs against a person who was adjudicated for an offense committed during the person’s minority, or against the person’s parent or guardian, and discharges all related debt obligations assessed prior to the effective date of the Act. Requires the Office of the Administrative Director of the Courts to submit a report to the Legislature.
SB2332 HB1953 RELATING TO THE PENAL CODE. Requires the Judicial Council to conduct a comprehensive review of the Hawaiʻi Penal Code and to recommend proposed changes. Requires the Judicial Council to appoint an advisory committee to assist in the review and allows the Council to also appoint a reporter and other staff as necessary. Requires the advisory committee to report to the Legislature. Declares that the general fund expenditure ceiling is exceeded. Makes an appropriation.
SB2392 RELATING TO ELECTIONS. Specifies that election ballots issued by the chief election officer or county clerk shall exclude any candidate who is disqualified by a constitutional or statutory provision. Provides for a process for challenging an inclusion or exclusion of a candidate from a ballot. Includes a candidate’s disqualification as grounds for an election contest complaint. Specifies that electors of presidential and vice-presidential candidates shall not be individuals who are disqualified by a constitutional or statutory provision. Prohibits electors from voting for any presidential or vice-presidential nominee who has been disqualified pursuant to Section 3 of the Fourteenth Amendment to the Constitution of the United States.
SB2395 HB1626 RELATING TO A PROBATION COMPLIANCE CREDITS PROGRAM. Requires the Judiciary to establish a compliance credits pilot program for probationers that comply with their conditions of supervision.
SB2443 HB2267 RELATING TO HIGHWAY SAFETY. Establishes the Automated Speed Enforcement Systems Program. Authorizes the state or counties to administer the Automated Speed Enforcement Systems Program. Requires fines collected beginning 1/1/2025 for violations on a county highway to be expended for the operation of the Automated Speed Enforcement Systems Program. Creates a new offense of noncompliance with the posted speed limit under the Automated Speed Enforcement System. Appropriates funds.
SB2463 RELATED TO MENTAL HEALTH. Authorizes examination of defendants via telehealth. Amends conditions for a defendant’s release or examination of fitness to proceed. Authorizes the Department of Health to implement behavioral health crisis centers. Declares that the general fund expenditure ceiling is exceeded. Makes an appropriation.
SB2503 RELATING TO EQUITY. Requires all places of public accommodation constructed after 12/31/24 and state building construction completed after 12/31/24 to provide universal changing accommodations that are equally accessible regardless of gender.
SB2514 RELATING TO ATTORNEYS. Requires petitions or motions for a pro hac vice appearance for a court proceeding or arbitration proceeding to be supported by evidence of local counsel’s Hawaiʻi business registration, the applicant’s Hawaiʻi general excise tax license number, an affirmation that both the applicant and local counsel will pay all state income tax due for Hawaiʻi business activities, and all other information or documentation required by the Rules of the Supreme Court of the State of Hawaiʻi.
SB2523 RELATING TO CHILD CARE. Requires the Judiciary to establish a three-year pilot program to provide free child-care services to minor children of parties and witnesses who are attending court hearings in the first circuit. Requires the Judiciary to submit reports to the Legislature. Appropriates funds.
SB2556 HB1954 RELATING TO THE COMMUNITY OUTREACH COURT. Permanently establishes and appropriates moneys for the Community Outreach Court as a division of the District Court of the First Circuit. Declares that the appropriations exceed the state general fund expenditure ceiling for 2024-2025.
SB2641 RELATING TO TRAFFIC VIOLATIONS. Limits moving violations arising from the operation of a motor vehicle that appear on traffic abstracts to those that resulted in convictions. Requires the Traffic and Emergency Period Violations Bureaus to remove all alleged moving violations not resulting in a conviction from certified abstracts. Declares that the general fund expenditure ceiling is exceeded. Makes an appropriation. Takes effect 7/1/2025.
SB2685 HB2657 RELATING TO ABUSIVE LITIGATION. Establishes judicial procedures to prevent and remedy abusive litigation.
SB2686 HB2320 RELATING TO THE DISCLOSURE OF PERSONAL INFORMATION OF CERTAIN PUBLIC SERVANTS. Exempts certain personal information of public servants from government records that are subject to disclosure under the State’s Uniform Information Practices Act. Establishes within the State’s Address Confidentiality Program protection for public servants that prohibits upon written request from the public servant or representative any person or organization from disclosing certain personal information. Establishes the offense of unlawful publication of personal information that prohibits any person or organization from knowingly disclosing protected personal information of public officials with the intent to cause reputational harm, emotional injury, or bodily injury. Takes effect 9/1/2024.
SB2706 HB1663 RELATING TO EXPUNGEMENT OF CRIMINAL RECORDS. Expands eligibility for, and automates, the expungement of conviction records if certain criteria are met. Beginning 12/1/2026, requires the Attorney General to issue automatic expungement orders and the Judiciary to seal or remove information from publicly accessible databases.
SB2720 HB1515 RELATING TO RESIDENTIAL TENANTS. Establishes a process by which a neighbor of a tenant may seek relief from the tenant’s landlord for acts of harassment by the tenant. Includes an alternative process for the eviction of tenants.
SB3000 HB2003 RELATING TO MENSTRUAL PRODUCTS. Requires the Department of Accounting and General Services to provide menstrual products at no cost in specified restrooms in public buildings maintained by the department. Appropriates moneys. Declares that the appropriation exceeds the state general fund expenditure ceiling for 2024-2025.
SB3009 RELATING TO THE DEPARTMENT OF LAW ENFORCEMENT. Specifies the responsibilities of the Department of Law Enforcement’s Sheriff Division regarding judicial and legislative security. Requires the Sheriff Division to pursue, obtain, and maintain accreditation from the Commission on Accreditation for Law Enforcement Agencies, Inc.
SB3094 HB2405 RELATING TO PEER SUPPORT SPECIALISTS. Establishes a working group to create a statewide framework for peer support specialists. Appropriates funds for hiring an administrative facilitator to provide necessary support for the peer support specialist working group in carrying out its duties and compensation for peer support specialists on the working group for time spent on working group meetings and related work and travel expenses.
SB3139 HB2450 RELATING TO CRISIS SERVICES. Establishes a crisis intervention and diversion services program within the Department of Health to expand existing services to divert those with mental health issues to appropriate health care services. Defines “mental health emergency worker”. Appropriates funds for the crisis intervention and diversion program. Effective 7/1/2024.
SB3331 HB2742 RELATING TO THE LANDLORD-TENANT CODE. Establishes an alternative process for the termination of the rental agreement that involves mediation. Requires the Governor to notify the Chief Justice, Legislature, and Revisor of Statutes when the final wildfire proclamation will expire. Declares that the appropriation exceeds the state general fund expenditure ceiling for 2024-2025. Appropriates funds.
SB3332 HB2642 RELATING TO EVICTION MEDIATION. Beginning 11/1/2024, extends the period for a notice of termination of a rental agreement; requires landlords to engage in mediation and delay filing an action for summary possession if a tenant schedules or attempts to schedule mediation; and requires landlords to provide specific information in the 10calendar-day notice to tenants. Repeals 11/1/2026. Appropriates moneys. Declares that the appropriation exceeds the state general fund expenditure ceiling for 2024-2025.
SB3350 RELATING TO PUBLIC SERVICE. Requires judges, justices, and nominees for judicial vacancies to file certain disclosures with the State Ethics Commission. Requires the Commission on Salaries to consider the deterrence of bribery and corruption when making its salary recommendations.
SB3384 RELATING TO JURY DUTY. Increases the amount each juror or prospective juror is paid for each actual day of attendance at court.