STAND. COM. REP. NO. 2812

Honolulu, Hawaii

RE: S.B. No. 2721

S.D. 1

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 S.B. No. 2721 entitled:

"A BILL FOR AN ACT RELATING TO THE ADMINISTRATION OF JUSTICE,"

begs leave to report as follows:

The purpose and intent of this measure is to implement recommendations pursuant to Act 245, Session Laws of Hawaii 2024, to amend the Hawaii Penal Code.

Your Committee received testimony in support of this measure from the Judiciary, Department of Health, Crime Victim Compensation Commission, and four individuals.

Your Committee received comments on this measure from the Office of the Public Defender and Hawaiʻi Psychological Association.

Your Committee finds that Act 245, Session Laws of Hawaii 2024, requested the Judicial Council to appoint a committee to review and recommend revisions to the Hawaii Penal Code. To carry out this request, the Judicial Council formed the 2025 Advisory Committee on Penal Code Review, which consisted of sixty-one members from a diverse cross-section of the community affected by the criminal laws in the State and included members from the Legislature, Judiciary, prosecuting departments of all counties, Department of the Attorney General, Office of the Public Defender, private defense bar, medical professionals from the Department of Health, law enforcement agencies, advocate groups for victims' rights, and Department of Corrections and Rehabilitation, as well as other interested members of the public, advocacy groups, and government staff. This measure updates the Hawaii Penal Code based on the recommendations of the Advisory Committee that gained supermajority approval of the overall Committee in plenary session.

Your Committee has amended this measure by 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 S.B. No. 2721, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2721, S.D. 1, and be placed on the calendar for Third Reading.

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

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KARL RHOADS, Chair