Supporters,

Another bill on bail reform, Bill HB1336, has been introduced and has just now passed the House Judiciary Committee. I was hoping the bill would be deferred or die in committee but that has not been the case.

This bill trades jail time for citations for non-violent offenses to include C Felony and below. It is made up of several parts and also does a lot more than that and requires extensive reading to understand. 

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=HB&billnumber=1336&year=2023

"Part I: Authorizes officers to issue citations in lieu of making certain arrests. Authorizes a forty-eight hour grace period after a missed initial court appearance. Part II: Establishes a rebuttable presumption that a defendant is entitled to pretrial release. Requires the prosecution to prove by a preponderance of the evidence that release of a defendant would be inappropriate, based on certain specified criteria. Requires that bail be set in an amount that the defendant can afford, under certain circumstances. Prohibits the denial of pretrial release based solely upon certain factors, such as testing positive for drug use. Requires automatic issuance of no-contact orders in assaultive cases. Requires the prosecution, when seeking to revoke pretrial release, to prove by a preponderance of the evidence, based on certain specified criteria. Requires the court to enter certain findings into the record. Part III: Provides that a request that the defendant be ordered to undergo a substance abuse assessment may be made any time before trial. Prohibits the arrest of a probationer or parolee, or the revocation of probation or parole, solely due to the person having tested positive for drug use. Effective 6/30/3000. (HD1)"

An important thing to note is that the actual Judiciary for the State of Hawaii strongly opposes the majority of this bill. Also opposed is the Department of the Attorney General, the Hawaii Paroling Authority, The Mayor of Hawaii County, the Honolulu Department of the Prosecuting Attorney, the Hawaii Office of the Prosecuting Attorney, the Honolulu Police Department, the Hawaii Police Department, SHOPO and of course, Stolen Stuff Hawaii. I think the fact that so many of our judicial offices are against this is testament to just how bad this bill is and the negative effects it will have on our community will be horrific.

All-in-all, there was overwhelming opposition to this bill, however, it still was passed by the Committee on Judiciary & Hawaiian Affairs.

As a reminder, these misdemeanors and class C felonies may include (in addition to others not listed):

• Burglary in the Second Degree (708-811) (not a dwelling but a business)
• Theft in the third degree (708-832) ($250 to $750 in value)
• Theft in the second degree (708-831) ($750 to $20,000 in value)
• Unauthorized Control of a Propelled Vehicle (708-836)
• Unauthorized Control of a Propelled Vehicle 2nd (ACT 006 [21])
• Unauthorized Entry into Motor Vehicle in the First Degree (708-836.5)
• Aggravated Harassment by Stalking (711-1106.4 and 711-1106.5)
• Arson in the Third and Fourth Degree (708-8253 and 708-8254)
• Violation of Privacy in the First and Second Degree (711-1110.9 and 711-1111)
• Promoting Gambling in the First and Second Degree (712-1221 and 712-1222)
• Promoting pornography (712-1214)
• Habitual solicitation of prostitution12-1209.5)
• Negligent Injury in the First and Second Degree (707-705 and 707-706)
• Unlawful Imprisonment in the Second Degree (707-722)
• Unauthorized Possession of Confidential Personal Information (708-839.8)
• Identity Theft (708-839.7)
• Fraudulent Use of a Credit Card (708-8100)

We need to take action to stop this bill before it goes any further. I will provide an update and possibly a new petition to be submitted the next time it goes before committee. 

If you have not done so yet, please register at the Hawaii State Legislature site and be prepared to submit testimony against this bill before it's too late and we have to take drastic action. Also, please take a moment to contact your legislator and let them know you strongly oppose this bill.

You may find your legislator here:

https://www.capitol.hawaii.gov/legislature/legislators.aspx

Let's stop this bill before it gets further. 

Mahalo,

Michael J. Kitchens
Stolen Stuff Hawaii