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GM 1102

Informing the Legislature that on April 10, 2025, the Governor signed the following bill into law: HB998 (ACT 002).

2025 Regular Session

Authorizes police to issue a citation instead of arrest for certain misdemeanors if the suspect is likely to appear, has no warrants, and won't require future police contact.

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Bill Summary · GM 1102

Summary of GM1102 (Act 002) — Relating to Contents of Citations

GM1102 serves to inform the Legislature that HB998 has been signed into law as Act 002. The bill amends the Hawaii Revised Statutes to adjust how police handle certain misdemeanor offenses by allowing citations in lieu of immediate arrest under specific conditions.

Main purpose and intent

  • Authorize police officers, in certain situations, to issue a citation instead of arresting a person for a misdemeanor, petty misdemeanor, or violation.
  • Streamline enforcement and court contact by encouraging timely appearance in court while reducing temporary detention when appropriate.

Key provisions

  • Amended statute: Section 803-6, Hawaii Revised Statutes (subsections (b) and (c)).

    • (b) A police officer may, but is not required to, issue a citation instead of arrest if all three conditions are met: 1) The officer reasonably believes the person will appear in court at the designated time. 2) The person has no outstanding arrest warrants that would justify detention or indicate a likelihood of failure to appear. 3) The offense is of a nature that there will be no further police contact on or around the date of the incident or in the immediate future.
    • (c) The citation must contain, at minimum:
    • The offender’s name and current address (if available).
    • The last four digits of the offender’s Social Security number (if available).
    • A description of the offender.
    • The nature and time/date of the offense.
    • The offender’s signature (if available) and a notice of the time and date for court appearance.
    • The signature and badge number of the officer.
    • Any remarks and a notice directing the offender to appear for trial, with a warning that failure to obey may result in a fine, imprisonment, or both.
    • A provision stating that omissions or errors in the citation do not automatically dismiss the charge or convict the defendant if the omission did not prejudice the defendant.
    • The statute uses bracketed text and underscoring to indicate statutory changes (as is standard in the bill’s formatting).

  • Section 2 clarifies that the act does not affect rights, duties, penalties, or proceedings that matured before the act’s effective date.

  • Section 3 indicates that certain material is stricken (formatting note about repealed material).

  • Section 4 establishes that the act takes effect upon approval.

Affected parties

  • Primary: Law enforcement officers in Hawaii and individuals cited for misdemeanors, petty misdemeanors, or violations.
  • Secondary: Courts handling appearances and proceedings; potential impacts on arrests, detention, and processing times.

Procedural and timeline aspects

  • Introduced: January 21, 2025
  • House passage: February 28, 2025
  • Senate passage: March 14, 2025
  • Governor signed into law: April 10, 2025 (Act 002)
  • Legislative status: GM1102 states the Governor signed HB998 into law as Act 002; the Acknowledgment was received by the House on April 11, 2025.

Potential impact and considerations

  • Benefits: Reduced unnecessary arrests, potential cost savings, and improved efficiency by allowing compliance-focused citations when safe and appropriate.
  • Considerations: Privacy concerns regarding capturing SSN digits on citations (even if optional); ensuring officers apply the “no further police contact” criterion consistently; safeguarding court appearance compliance.

Compiled from official sources — confirm details with the bill’s official record.

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