HOUSE OF REPRESENTATIVES	H.B. NO.	2078
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO HABITUAL VIOLENT CRIME.

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

SECTION 1. The legislature finds that Act 213, Session Laws of Hawaii 2024 (Act 213), was enacted to deter certain habitual violent crimes such as sexual assaults, abuse of family or household members, and assaults against law enforcement officers, by increasing the offense to a class C felony if the person had three or more prior convictions for a violent crime within a five-year period.

The legislature further finds that Act 213 sought to protect the public from habitual violent criminal offenders but, as a caution against the increased numbers of incarcerations, also included a provision to repeal the offense of habitual violent crime on June 30, 2027, pending an assessment of its effectiveness. Given the amount of time it takes for felony cases to travel through our criminal justice system, more time is needed to evaluate Act 213's effectiveness in reducing habitual violent crimes. For a valid assessment, best practices in research methodology recommend that data be collected for at least five years both before and after the law was passed.

Accordingly, the purpose of this Act is to:

(1) Amend Act 213 by:

(A) Requiring the criminal justice research institute to submit a one-time report to the legislature prior to the regular session of 2031; and

(B) Repealing its sunset date; and

(2) Require the attorney general, in consultation with criminal justice research institute, to submit ongoing annual reports to the legislature.

SECTION 2. Act 213, Session Laws of Hawaii 2024, is amended by adding a new section to read as follows:

"SECTION 3A. The criminal justice research institute shall analyze data on the effectiveness of this Act in reducing violent crime and submit a report to the legislature no later than twenty days prior to the convening of the regular session of 2031. The department of attorney general, judiciary, and other criminal justice agencies as needed shall provide data to the criminal justice research institute to complete the report."

SECTION 3. Act 213, Session Laws of Hawaii 2024, is amended by amending section 6 to read as follows:

"SECTION 6. This Act shall take effect upon its approval[, and shall be repealed on June 30, 2027]."

SECTION 4. Chapter 28, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"§28- Habitual violent crime; reports. (a) The department of the attorney general, in consultation with the criminal justice research institute, shall submit an annual report to the legislature no later than twenty days prior to the convening of the regular sessions of 2027, and every year thereafter, on the effectiveness of section 707-712.2 in addressing repeat violent crime in Hawaii. Each report shall include data for that calendar year that includes, but is not limited to:

(1) The number of persons arrested or cited for an offense listed under section 707-712.2(1), Hawaii Revised Statutes, who are also habitual violent crime offenders;

(2) The number of habitual violent crime offenders from paragraph (1) who have been arrested or cited for an offense listed under section 707-712.2(1), Hawaii Revised Statutes, more than once since the enactment of this Act;

(3) The number of cases charged under section 707-712.2, Hawaii Revised Statutes; and

(4) The outcomes of the cases charged under section 707‑712.2, Hawaii Revised Statutes, such as the number of cases that led to a trial, plea agreement, conviction, deferred acceptance of guilty or nolo contendere plea, incarceration, or probation.

(b) No later than December 1 of 2026 and every year thereafter, the prosecuting attorney of each county shall provide the department of the attorney general with the data to enable the department to complete the report under subsection (a)."

SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________
	By Request

Report Title:

Hawaii Law Enforcement Coalition Package; Habitual Violent Offenders; Criminal Justice Research Institute

Description:

Amend Act 213, SLH 2024, by repealing its sunset date and requiring the Criminal Justice Research Institute to submit a one-time report to the Legislature prior to the Regular Session of 2031. Requires the Attorney General, in consultation with Criminal Justice Research Institute, to submit ongoing annual reports to the Legislature.

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