SB3142 SD2

SECTION 1. Chapter 711, Hawaii Revised Statutes, is amended by adding two new sections to part I to be appropriately designated and to read as follows:

"§711-A Dangerous intoxication. (1) A person commits the offense of dangerous intoxication if the person is on any public property while under the influence of alcohol or any drug, or both, and the person:

(a) Is unable to safely care for oneself by reason of substantial incapacitation;

(b) Engages in affirmative conduct that, because of substantial incapacitation, creates an immediate and substantial risk of physical harm to the person or to others; or

(c) Obstructs or interferes with the free use of a street, sidewalk, or other public way while exhibiting signs of substantial incapacitation, after being provided a reasonable opportunity to comply with a lawful request to move.

(2) It shall be an affirmative defense to a prosecution under this section that the alcohol or drug was lawfully prescribed and was taken as directed and without misuse.

(3) Dangerous intoxication shall be a petty misdemeanor.

(4) Notwithstanding subsection (3), if a law enforcement officer has probable cause to believe that a person has committed the offense of dangerous intoxication, the law enforcement officer shall place the person under civil protective custody, rather than arrest or issuance of a citation, if the law enforcement officer is reasonably able to do so. If the person is placed in civil protective custody, the law enforcement officer shall, to the extent practicable, transport the person for an emergency examination pursuant to section 334-45; provided that the emergency examination shall be conducted within twenty-four hours of the person being placed in civil protective custody; provided further that if emergency medical stabilization is required, the twenty-four-hour period shall commence upon medical stabilization. If the person requires emergency medical stabilization, the person shall be transported or caused to be transported to an appropriate medical facility for stabilization before any emergency examination is conducted pursuant to section 334-45. A person who is placed in civil protective custody shall not thereafter be subject to criminal prosecution under this section or, if a juvenile, shall not be subject to family court proceedings under this section based on the facts giving rise to the civil protective custody.

(5) Subsection (4) shall not apply if:

(a) The law enforcement officer has probable cause to believe the person has, in addition to the offense of dangerous intoxication, committed:

(i) A felony;

(ii) Any violent crime as provided in section 351-32; or

(iii) The offense of operating a vehicle under the influence of an intoxicant under section 291E-61;

(b) The person has any outstanding felony arrest warrant; or

(c) The law enforcement officer in good faith believes the person presents an immediate and serious risk of escape or physical harm to the person or others that cannot be safely managed by medical personnel.

(6) Once a person is placed in civil protective custody, the receiving facility shall proceed in accordance with the procedures set forth in part IV of chapter 334.

(7) For the purposes of this section:

"Alcohol" means ethanol or any substance containing ethanol.

"Civil protective custody" means a temporary, noncriminal detention for transport to a psychiatric facility or other facility designated by the director of health for an emergency examination pursuant to section 334-45.

"Drug" means any controlled substance, as defined and enumerated in schedules I through V of chapter 329, or its metabolites.

"Impair" means to weaken, lessen in power, diminish, damage, or make worse by diminishing in some material respect or otherwise affecting in an injurious manner.

"Medical stabilization" means the point at which a treating physician or other licensed health care provider determines that the person's medical condition has been stabilized such that the person may safely undergo an emergency examination pursuant to section 334-45.

"Public property" includes a public park, beach, school, street, sidewalk, bridge, overpass, underpass, or other public right-of-way, and any public land located beneath those structures.

"Substance" means any plant, medication, poison, natural or synthetic chemical, or any compound or combination of these, and includes but is not limited to central nervous system depressants, central nervous systems stimulants, hallucinogens, dissociative anesthetics, narcotic analgesics, inhalants, and cannabis.

"Substantial incapacitation" means loss of consciousness, extreme disorientation, severe impairment of motor coordination, inability to ambulate safely, inability to comprehend or respond appropriately to simple questions or instructions, or inability to protect oneself from foreseeable harm.

"Under the influence" means that a person shows observable physical signs of impairment caused by alcohol, a drug, or both, including signs affecting the person's speech, coordination, appearance, behavior, or physical condition.

§711-B Habitual dangerous intoxication. (1) A person commits the offense of habitual dangerous intoxication if the person is a habitual dangerous intoxication offender and commits the offense of dangerous intoxication.

(2) Habitual dangerous intoxication shall be a misdemeanor.

(3) For a conviction under this section, the court shall impose a term of probation of one year. As conditions of probation, the court shall require the defendant to participate in a substance use disorder treatment program and to comply with any assessment, treatment plan, and aftercare or continuing care recommended by a health care provider or certified substance abuse counselor. The treatment program may include residential treatment if clinically indicated and ordered by the court as a condition of probation. If the defendant violates a condition of probation imposed under this section, the court may revoke probation and may impose a term of imprisonment of not less than ninety days.

(4) For the purposes of this section:

"Certified substance abuse counselor" means a substance abuse counselor certified by the department of health pursuant to section 321-193(10).

"Clinically indicated" means recommended by a health care provider or a certified substance abuse counselor based on an assessment of the defendant.

"Habitual dangerous intoxication offender" means a person who, within three years of the instant offense, has three or more prior convictions under section 711-A. The prior convictions shall be for separate incidents on separate dates. The prosecution shall not be required to prove any state of mind with respect to the person's status as a habitual dangerous intoxication offender. Proof that the person has the requisite minimum prior convictions shall be sufficient to establish this element.

"Health care provider" has the same meaning as defined in section 334-1.

"Substance-use disorder treatment program" means a program of assessment, counseling, treatment, medication-assisted treatment, case management, or residential treatment for a substance-use disorder that is provided by or through a health care provider or a certified substance abuse counselor and approved by the court."

SECTION 2. Section 334-41, Hawaii Revised Statutes, is amended to read as follows:

"§334-41 Emergency procedures. The emergency procedures in this subpart shall consist of emergency transportation, emergency examination, and emergency hospitalization for individuals who may be mentally ill or suffering from substance abuse and imminently dangerous to self or others. Nothing in this section shall be construed to limit an emergency examination conducted pursuant to section 334-45 for a person transported pursuant to section 711-A(4)."

SECTION 3. Section 334-45, Hawaii Revised Statutes, is amended to read as follows:

"§334-45 Emergency examination. (a) A licensed physician, medical resident under the supervision of a licensed physician, physician assistant, psychologist, or advanced practice registered nurse may conduct an initial examination and screening of a patient transported under section 334-42, 334-43, [or] 334-44, or 711-A(4) to determine whether the criteria for involuntary hospitalization listed in section 334-60.2 [~~persists~~] persist and administer treatment as indicated by good medical practice; provided that if after the examination, screening, and treatment, the licensed physician, medical resident under the supervision of a licensed physician, physician assistant, psychologist, or advanced practice registered nurse determines that the involuntary hospitalization criteria persists, then the patient shall be further examined by a qualified psychiatric examiner to diagnose the presence or absence of a mental illness or substance use disorder, further assess the risk that the patient may be dangerous to self or others, and assess whether [~~or not~~] the patient continues to meet the criteria for involuntary hospitalization as provided in section 334-60.2. If no initial examination and screening of the patient is conducted, a qualified psychiatric examiner shall conduct an emergency examination of a patient transported under section 334-42, 334-43, [or] 334-44, or 711-A(4) without unnecessary delay and provide the patient with treatment as indicated by good medical practice; provided that the emergency examination shall include a determination of whether the patient meets the criteria for involuntary hospitalization as provided in section 334-60.2.

(b) If, following an emergency examination of a patient under subsection (a), a qualified psychiatric examiner determines that the criteria for involuntary hospitalization do not exist, the patient shall be discharged expeditiously; provided that if the patient is not under an order for assisted community treatment, a qualified psychiatric examiner shall conduct an examination pursuant to section 334-121.5 before the discharge. A patient under criminal charges shall be returned to the custody of a law enforcement officer.

(c) For the purposes of an emergency examination conducted pursuant to this section for a person transported pursuant to section 711-A(4), the examination shall be conducted within the time required under section 711-A(4)."

SECTION 4. Section 334-121.5, Hawaii Revised Statutes, is amended to read as follows:

"§334-121.5 Examination for assisted community treatment indication. A qualified psychiatric examiner associated with the psychiatric facility where a patient is located who was committed to involuntary hospitalization, delivered for emergency examination or emergency hospitalization, or voluntarily admitted to inpatient treatment at a psychiatric facility pursuant to part IV or section 711-A(4) shall, before the patient's discharge, examine the patient to determine whether an assisted community treatment plan is indicated pursuant to this part. If a plan is indicated, the qualified psychiatric examiner shall prepare the certificate specified by section 334-123. The department of the attorney general shall assist with the preparation and filing of any petition brought pursuant to section 334-123 and with the presentation of the case at any related court proceedings; provided that, if the petitioner is a private provider or other private individual, the petitioner may decline the assistance. The psychiatric facility may notify another mental health program for assistance with the coordination of care in the community for the [~~person.~~] patient. Nothing in this section shall delay the appropriate discharge of a patient from the psychiatric facility after the examination for assisted community treatment indication has been completed."

SECTION 5. Section 334-127.5, Hawaii Revised Statutes, is amended to read as follows:

"§334-127.5 Records and disclosure of information. (a) A treatment provider who provided or is providing medical, psychiatric, therapeutic, or social services treatment to an individual shall provide relevant treatment information, if available, to the department of the attorney general upon the department's request for the purpose of preparing a petition for assisted community treatment. The treatment information may include a certificate issued pursuant to section 334-123(c), a treatment plan prepared pursuant to section 334-126(g), records related to actions or proceedings pursuant to part IV, records relating to the individual's treatment history, and other records deemed relevant by the individual's treatment provider.

(b) The petitioner of an assisted community treatment order, department of the attorney general, and family court shall disclose an assisted community treatment order to state and county law enforcement agencies, an assisted community treatment provider, or any other entity necessary to carry out the terms of the assisted community treatment order.

(c) This section shall apply, as appropriate, to records and information obtained or created in connection with an emergency examination conducted pursuant to section 334-45 for a person transported pursuant to section 711-A(4)."

SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 7. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect on January 30, 2050; provided that sections 1 through 5 shall take effect on July 1, 2036.

THE SENATE	S.B. NO.	3142
THIRTY-THIRD LEGISLATURE, 2026		S.D. 2
STATE OF HAWAII