Honolulu, Hawaii

, 2019


RE: S.B. No. 1422

H.D. 2





Honorable Scott K. Saiki

Speaker, House of Representatives

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii




Your Committee on Judiciary, to which was referred S.B. No. 1422, H.D. 1, entitled:




begs leave to report as follows:


The purpose of this measure is to specify that police officers have the discretion to issue citations, in lieu of making a lawful arrest without a warrant, for nonviolent class C felonies, misdemeanors, petty misdemeanors, and violations subject to certain findings by the officer, including a finding that the offense does not involve domestic violence, sexual assault, robbery, or any other offense against the person.


The Judiciary, Office of Hawaiian Affairs, Community Alliance on Prisons, Hawaii Friends of Restorative Justice, The Drug Policy Forum of Hawaii, and several individuals testified in support of this measure. The Hawaii Paroling Authority, City and County of Honolulu Department of the Prosecuting Attorney, and Sex Abuse Treatment Center testified in opposition to this measure. The Department of the Attorney General, Hawaii Chapter of Mothers Against Drunk Driving, and an individual provided comments.


Your Committee has amended this measure by:


(1) Expanding the list of offenses for which a citation, in lieu of making an arrest, may not be issued to include operating a vehicle while under the influence of an intoxicant, habitually operating a vehicle while under the influence of an intoxicant, solicitation of a minor for prostitution, aggravated harassment by stalking, and theft in the second degree; and


(2) Making technical, nonsubstantive amendments for clarity, consistency, and style.


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. 1422, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 1422, H.D. 2.


Respectfully submitted on behalf of the members of the Committee on Judiciary,