THE SENATE

S.B. NO.

2731

THIRTY-THIRD LEGISLATURE, 2026

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO SENTENCING.

 

 

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

 

     SECTION 1.  Chapter 706, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§706-     Limitation on term of imprisonment for nonviolent offenses punishable by up to or not exceeding one year; sentence modification.  (1)  Notwithstanding any other law to the contrary, any offense that is:

     (a)  Not a crime of violence; and

     (b)  Punishable under state law by a term of imprisonment up to or not exceeding one year,

shall be punishable by a term of imprisonment not to exceed three hundred sixty-four days.

     (2)  A person who was sentenced to a term of imprisonment of one year for an offense that is not a crime of violence before the effective date of this Act may submit an application to the trial court that entered the judgment of conviction to modify the sentence to a term not to exceed the maximum term specified in subsection (1).

     (3)  For the purposes of this section, "crime of violence" has the same meaning as defined in section 134-1."

     SECTION 2.  Section 706-663, Hawaii Revised Statutes, is amended to read as follows:

     "§706-663  Sentence of imprisonment for misdemeanor and petty misdemeanor.  (1)  After consideration of the factors set forth in sections 706-606 and 706-621, the court may sentence a person who has been convicted of a misdemeanor or a petty misdemeanor to imprisonment for a definite term to be fixed by the court and not to exceed [one year] three hundred sixty-four days in the case of a misdemeanor or thirty days in the case of a petty misdemeanor[.]; provided that if the person has been convicted of a misdemeanor that is a crime of violence, the court may sentence the person to imprisonment for a definite term to be fixed by the court and not to exceed one year.

     (2)  For the purposes of this section, "crime of violence" has the same meaning as defined in section 134-1."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

 


 

Report Title:

Penal Code; Misdemeanors; Sentencing; Nonviolent Offenses

 

Description:

Limits the maximum term of imprisonment for misdemeanors that are not crimes of violence, or for offenses that are not crimes of violence punishable by up to or not exceeding one year, to three hundred sixty-four days.  Allows individuals previously sentenced to a one-year term of imprisonment for an offense that is not a crime of violence to apply to the court for a sentence modification to conform to the new limit.  (SD1)

 

 

 

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