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HI HB128

Bill

Status

Engrossed

3/4/2025

Primary Sponsor

David Tarnas

Click for details

Origin

House of Representatives

2025 Regular Session

AI Summary

  • Establishes four factors that must be present for officers to arrest persons without a warrant for petty misdemeanors or violations: (1) reasonable belief the person will not appear in court, (2) outstanding arrest warrant or indication of failure to appear, (3) offense requiring further police contact on or about the same date or immediate future, or (4) detention needed to prevent bodily injury to the person or another.

  • Requires police officers to record which factors under the new criteria justified any warrantless arrest for a petty misdemeanor or violation.

  • Clarifies that officers may issue citations in lieu of arrest for misdemeanors, petty misdemeanors, or violations when the officer has probable cause and finds reasonable satisfaction that the person will appear in court, has no outstanding warrants, and the offense requires no further police contact.

  • Limits warrantless arrests without these factors, establishing that felonies and misdemeanors may still be arrested upon probable cause, but petty misdemeanors and violations require meeting the specified criteria.

  • Takes effect upon approval and does not affect rights, duties, or proceedings that occurred before the effective date.

Legislative Description

Relating To Criminal Justice Reform.

Arrests

Last Action

The committee on PSM deferred the measure.

3/12/2025

Committee Referrals

Public Safety, Intergovernmental and Military Affairs3/6/2025
Judiciary & Hawaiian Affairs1/21/2025

Full Bill Text

No bill text available