STAND. COM. REP. NO. 3744

Honolulu, Hawaii

RE: H.B. No. 2078

H.D. 1

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 2078, H.D. 1, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO HABITUAL VIOLENT CRIME,"

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Require the Attorney General, in consultation with Criminal Justice Research Institute, to submit ongoing annual reports to the Legislature; and

(2) Amend Act 213, Session Laws of Hawaii 2024, by requiring the Criminal Justice Research Institute to submit a one-time report to the Legislature prior to the Regular Session of 2031 and extending its sunset date to June 30, 2031.

Your Committee received testimony in support of this measure from the Department of the Attorney General, Department of the Prosecuting Attorney of the City and County of Honolulu, Honolulu Police Department, and ACLU Hawaiʻi.

Your Committee received comments on this measure from the Criminal Justice Research Institute and Community Alliance on Prisons.

Your Committee finds that Act 213, Session Laws of Hawaii 2024 (Act 213), allowed habitual violent crime offenders to be charged with a felony for repeatedly committing violent misdemeanors, such as abusing a family or household member. These habitual violent crime offenders pose a long-term risk to the community because of their propensity to commit further violent crimes in the future. However, Act 213 contains a sunset provision and will be repealed on June 30, 2027. Your Committee believes that, given the complexity and length of felony cases, Act 213's sunset date should be repealed to allow for additional time to accurately evaluate Act 213's effectiveness. This measure will provide the Legislature with additional time and information to ensure the efficacy of the habitual violent crime offense.

Your Committee has amended this measure by:

(1) Requiring the annual reports submitted by the Department of the Attorney General to the Legislature to contain only aggregated information and no personally identifiable or confidential information; and

(2) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2078, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 2078, H.D. 1, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

________________________________

KARL RHOADS, Chair