Requires the Attorney General, in consultation with the Criminal Justice Research Institute, to submit ongoing annual reports to the Legislature on the effectiveness of the habitual violent crime offense in addressing re, the official text

HOUSE OF REPRESENTATIVES

H.B. NO.

2078

THIRTY-THIRD LEGISLATURE, 2026

H.D. 1

STATE OF HAWAII

S.D. 2

C.D. 1

A BILL FOR AN ACT

RELATING TO HABITUAL VIOLENT CRIME.

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

SECTION
1.  The legislature finds that Act 213,
Session Laws of Hawaii 2024 (Act 213), was enacted to deter certain habitual
violent crimes such as sexual assaults, abuse of family or household members,
and assaults against law enforcement officers, by increasing the offense to a
class C felony if the person had three or more prior convictions for a violent
crime within a five-year period.

The
legislature further finds that Act 213 sought to protect the public from
habitual violent criminal offenders but, as a caution against the increased
numbers of incarcerations, also included a provision to repeal the offense of
habitual violent crime on June 30, 2027, pending an assessment of its
effectiveness.  Given the amount of time
it takes for felony cases to travel through our criminal justice system, more
time is needed to evaluate Act 213's effectiveness in reducing habitual violent
crimes.  For a valid assessment, best
practices in research methodology recommend that data be collected for at least
five years both before and after the law was passed.

Accordingly,
the purpose of this Act is to:

(1)  Require the attorney general, in consultation
with the criminal justice research institute, to submit ongoing annual reports
to the legislature; and

(2)  Amend Act 213 by:

(A)  Requiring the criminal justice research
institute to submit a one-time report to the legislature regarding the
effectiveness of Act 213 in reducing violent crime prior to the regular session
of 2031; and

(B)  Extending its sunset date.

SECTION 2.  Chapter 28, Hawaii Revised Statutes, is
amended by adding a new section to part I to be appropriately designated and to
read as follows:

"§28-   Habitual violent crime; reports.  (a)  The department of the attorney general, in
consultation with the criminal justice research institute, shall submit an
annual report to the legislature no later than twenty days prior to the
convening of the regular session of 2027, and every year thereafter, on the
effectiveness of section 707-712.2 in addressing repeat violent crime in the
State.  Each report shall include data
for that calendar year that includes but is not limited to:

(1)  The number of persons arrested or cited for
an offense listed under section 707-712.2 who are also habitual violent crime perpetrators;

(2)  The number of habitual violent crime
offenders from paragraph (1) who have been arrested or cited for an offense
listed under section 707-712.2(1) more than once since July 5, 2024;

(3)  The number of cases charged under section
707-712.2; and

(4)  The outcomes of the cases charged under
section 707‑712.2 such as the number of cases that led to a trial, plea
agreement, conviction, deferred acceptance of guilty or nolo contendere plea,
incarceration, or probation.

(b)  The data included in the reports required by
this section shall contain only information in aggregate form and not include
any personally identifiable information.  Nothing in this section shall be construed to
require disclosure of information that is confidential under state or federal
law or protected by court order.

(c)  No later than December 1 of 2026 and every
year thereafter, the prosecuting attorney of each county shall provide the
department of the attorney general with the data to enable the department to
complete the report under subsection (a)."

SECTION 3.  Act 213, Session Laws of Hawaii 2024, is
amended as follows:

1.  By adding a new section to read:

"SECTION
3A.  The criminal justice research
institute shall analyze data on the effectiveness of this Act in reducing
violent crime and submit a report to the legislature no later than twenty days
prior to the convening of the regular session of 2031.  The department of the attorney general,
judiciary, and other criminal justice agencies as needed shall provide data to
the criminal justice research institute to complete the report."

2.  By amending section 6 to read:

"SECTION
6.  This Act shall take effect upon its
approval, and shall be repealed on June 30, [2027.] 2031."

SECTION 4.  Statutory material to be repealed is
bracketed and stricken.  New statutory
material is underscored.

SECTION 5.  This Act shall take effect upon its approval.