HI HB1197

Amends Hawaii Revised Statutes § 127A-29 to allow the governor or county mayors to designate COVID-19 emergency rule violations as infractions, violations, petty misdemeanors, or misdemeanors rather than only misdemeanors.

Permits county prosecutors to exercise discretion in charging first-time COVID-19 emergency rule violations as lesser offenses, including infractions, for violations occurring since March 4, 2019.

Applies prosecutorial discretion authority to violations involving mask-wearing, social distancing, gathering restrictions, shelter-in-place or curfew orders, and restrictions on access to public places or facilities.

Establishes default penalty of a fine not exceeding $5,000, imprisonment not exceeding one year, or both for emergency rule violations when no specific penalty is stated in the rule.

Takes effect upon approval.