STAND. COM. REP. NO. 2887

Honolulu, Hawaii

RE: S.B. No. 2830

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. 2830 entitled:

"A BILL FOR AN ACT RELATING TO MISCONDUCT BY A PUBLIC SERVANT,"

begs leave to report as follows:

The purpose and intent of this measure is to extend the statute of limitations for offenses based on misconduct in office by a public servant to allow prosecution at any time during the defendant's period of public service and up to ten years thereafter.

Your Committee received testimony in support of this measure from the Hawaiʻi Alliance for Progressive Action, Green Party of Hawaiʻi, Imua Alliance, and twenty-one individuals.

Your Committee received testimony in opposition to this measure from the Office of the Public Defender.

Your Committee finds that misconduct in office is rarely obvious, as it may involve concealment, misuse of authority, and systems that protect those in power. When the statute of limitations expires before wrongdoing is discovered, it sends a clear message to the public that if the misconduct is hidden long enough, it can escape consequence. This measure will ensure that time cannot be weaponized as a shield against accountability and reinforce the principle that public service carries an ongoing responsibility.

Your Committee has amended this measure by defining "misconduct in office" to mean conduct that constitutes an offense in which the defendant's official position, duties, or authority is an element of the offense or is used to facilitate the commission of the offense, including abuse of authority, breach of public trust, or misuse of public resources.

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. 2830, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2830, 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