HB2181 HD1

SECTION 1. Chapter 601, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§601- Automated court appearance reminder system; requirements. (a) No later than July 1, 2027, the judiciary shall develop, implement, and administer an automated court appearance reminder system that will generate and transmit text message or electronic mail notifications to certain persons who are required to appear in court at a future date.

(b) The automated court appearance reminder system shall:

(1) Be used in all traffic and criminal cases in the district, family, and circuit courts; and

(2) Generate a text message or electronic mail notification for each scheduled future court appearance that:

(A) Is transmitted to the recipient no later than twenty-four hours before the recipient's scheduled court date and time; provided that if the court is unable to schedule the future court appearance more than twenty-four hours in advance, then the text message or electronic mail notification shall be transmitted to the recipient as soon as possible after the court appearance is scheduled; and

(B) Includes the following information:

(i) The name of the person who is required to appear in court;

(ii) The case number of the matter in which the person is required to appear;

(iii) The date, time, and location of the scheduled court appearance;

(iv) For court appearances that may be attended virtually, the link to the virtual court appearance, which shall be provided in, at minimum, the final reminder sent before the appearance;

(v) A recommendation that the person make a plan to attend court, including marking their calendar, setting an alarm, and arranging for transportation, time off from school or work, or childcare, as applicable; and

(vi) The potential consequences that may result if the person fails to appear in court at the scheduled date and time, such as the issuance of a bench warrant for the person's arrest.

(c) The automated court appearance reminder system may generate and transmit multiple successive text message or electronic mail notifications for each scheduled future court appearance, but the timing of the last text message or electronic mail notification shall comply with the requirements of subsection (b)(2)(A).

(d) The judiciary shall consult with the intake services center division of the department of corrections and rehabilitation with respect to the design of the automated court appearance reminder system and any additional elements not specified by this section that should be considered for inclusion.

(e) The judiciary may contract with a third party to develop, implement, and administer the automated court appearance reminder system.

(f) Participation in the automated court appearance reminder system shall be voluntary. The automated court appearance reminder system shall permit a person the opportunity to opt out of participating in the system at any time.

(g) Any mobile telephone number or electronic mail address provided pursuant to this section shall not be:

(1) Used by law enforcement, corrections personnel, or any other government agency for investigative, intelligence, or enforcement purposes; or

(2) Shared with any third party, except as strictly necessary to facilitate court appearance reminders or as otherwise required by law.

(h) A person's refusal to provide a mobile telephone number or electronic mail address to a law enforcement officer, corrections personnel, or court staff shall not be:

(1) Held against the person for any purpose;

(2) Considered evidence of guilt; or

(3) Used adversely against the person in any criminal proceeding.

(i) The failure of the automated court appearance reminder system to send a text message or electronic mail notification, or the failure of a person to receive the notification, shall not relieve the person of the legal obligation to appear for a scheduled court appearance.

(j) The judiciary shall collect, maintain, and report data necessary to evaluate the administration and effectiveness of the automated court appearance reminder system, including:

(1) The number of persons enrolled in the system;

(2) The number of persons who opt out of the system;

(3) The number of persons for whom no mobile telephone number or electronic mail address is available; and

(4) The number of enrolled persons who fail to appear for a scheduled court appearance or fail to pay a citation.

The judiciary shall make this data publicly available or submit the data to the legislature on an annual basis."

SECTION 2. Section 803-6, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (a) to read:

"(a) At or before the time of making an arrest, the person shall declare that the person is an officer of justice, if such is the case. If the person has a warrant the person should show it; or if the person makes the arrest without warrant in any of the cases in which it is authorized by law, the person should give the party arrested clearly to understand for what cause the person undertakes to make the arrest, and shall require the party arrested to submit and be taken to the police station or judge. The person shall, to the extent practicable, obtain the arrestee's mobile telephone number and electronic mail address or a mobile telephone number and electronic mail address at which the arrestee may be reliably contacted at the time of executing booking and release forms, and note the information within the arrest record. This done, the arrest is complete."

2. By amending subsection (c) to read:

"(c) The citation shall contain:

(1) The name of the offender;

(2) The current address of the offender, if available;

(3) To the extent practicable, the offender's mobile telephone number and electronic mail address or a mobile telephone number and electronic mail address at which the offender may be reliably contacted;

[~~(3)~~] (4) The last four digits of the offender's social security number, if available;

[~~(4)~~] (5) A description of the offender;

[~~(5)~~] (6) The nature of the offense;

[~~(6)~~] (7) The time and date of the offense;

[~~(7)~~] (8) A notice of time and date for court appearance;

[~~(8)~~] (9) The signature and badge number of the officer;

[~~(9)~~] (10) The signature of the offender agreeing to court appearance, unless the offender refuses, or is unable to sign;

[~~(10)~~] (11) Any remarks; and

[~~(11)~~] (12) A notice directing the offender to appear at the time and place designated to stand trial for the offense indicated and a notice that failure to obey the citation may result in a fine or imprisonment, or both;

provided that omission of any of the information listed in paragraphs (1) to [~~(11)~~] (12) or any error in the citation shall not be a ground for dismissal of a charge or for reversal of a conviction if the omission or error did not prejudice the defendant."

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2026-2027 for the judiciary to develop, implement, and administer the automated court appearance reminder system required by section 1 of this Act.

The sum appropriated shall be expended by the judiciary for the purposes of this Act.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 3000; provided that section 3 shall take effect on July 1, 2026.

HOUSE OF REPRESENTATIVES	H.B. NO.	2181
THIRTY-THIRD LEGISLATURE, 2026		H.D. 1
STATE OF HAWAII