STAND. COM. REP. NO. 2355

Honolulu, Hawaii

RE: S.B. No. 3142

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 Health and Human Services, to which was referred S.B. No. 3142 entitled:

"A BILL FOR AN ACT RELATING TO DANGEROUS INTOXICATION,"

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Establish the offenses of dangerous intoxication and habitual dangerous intoxication;

(2) Provide for civil protective custody and transport for emergency examination under section 334-45, Hawaii Revised Statutes, in lieu of arrest for dangerous intoxication in specified circumstances, and bars prosecution when civil protective custody is used; and

(3) Require probation with mandatory treatment for habitual dangerous intoxication, with incarceration only upon probation violation.

Your Committee received testimony in support of this measure from the Office of the Governor; Department of Human Services; Department of Corrections and Rehabilitation; Department of the Attorney General; Department of Health; Office of Wellness and Resilience; Department of Law Enforcement; Waikiki Business Improvement District; The Institute for Human Services, Inc.; Hawaiʻi Psychological Association; Hawaii Medical Association; Premier Medical Group; and two individuals.

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

Your Committee received comments on this measure from The Queen's Health Systems.

Your Committee finds that severe intoxication resulting in substantial incapacitation and immediate risk can be both a public safety concern and a medical and behavioral health issue. Your Committee further finds that preventing and mitigating the negative consequences of dangerous intoxication is an important step toward public safety, clinical intervention, and compassionate care for individuals affected by severe substance use disorders. This measure enhances community safety and strengthens the State's continuum of behavioral health care by ensuring that individuals experiencing dangerous intoxication receive timely intervention.

Your Committee has amended this measure by:

(1) Inserting an effective date of January 30, 2050, to encourage further discussion;

(2) Inserting an implementation date of July 1, 2036; and

(3) 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 Health and Human Services that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 3142, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 3142, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Health and Human Services,

________________________________

JOY A. SAN BUENAVENTURA, Chair