Informing the Legislature that on June 24, 2026, the Governor signed the following bill into law: HB1548 HD1 SD1 CD1 (ACT 143).

2026 Regular Session

Imposes a 364-day cap for nonviolent, non-crime-of-violence offenses punishable up to one year, with a reconsideration option for preexisting sentences.

Received.

#act143

Summary of Bill: HB1548 (CD1) – Relating to Sentencing (Governor’s Signed Act 143)

Purpose and intent

Establishes a limitation on imprisonment for nonviolent offenses that are punishable by up to one year, by capping the sentence at 364 days.

Provides a process for sentence reconsideration to reflect the 364-day maximum, and aligns general sentencing rules for misdemeanors with the new cap.

Clarifies the definition of “crime of violence” for the purposes of these provisions to be the same as the existing definition in section 134-1, Hawaii Revised Statutes.

Key provisions and changes

1) New Section on imprisonment cap for nonviolent offenses
- For offenses that are:
- Not crimes of violence; and
- Punishable by up to 1 year under state law
- The maximum term of imprisonment is limited to 364 days.
- If a person was previously sentenced for a misdemeanor (non-crime-of-violence) before the Act’s effective date, they may apply to the trial court to reconsider the sentence to reflect the maximum penalty of 364 days.

2) Amendment to existing sentencing provisions (misdemeanor/petty misdemeanor)
- Section 706-663 is amended to reflect:
- For misdemeanors and petty misdemeanors, the court may sentence to a definite term not exceeding 364 days (instead of prior higher limits) for misdemeanors.
- The limit remains 30 days for petty misdemeanors, but the section clarifies that a misdemeanor which is a crime of violence may still be sentenced up to one year.
- The definition of “crime of violence” continues to follow the definition in section 134-1.

3) Effective date
- The Act takes effect upon approval by the Governor (June 24, 2026).

Who/what is affected

Individuals convicted of nonviolent offenses punishable by up to one year are directly affected by the imposition of a 364-day maximum imprisonment.

Individuals previously convicted under misdemeanor offenses (not crimes of violence) may seek sentence reconsideration to reflect the 364-day cap.

Courts of Hawaii, judges, and prosecutors implement the new sentencing cap during sentencing and potential sentence reconsideration proceedings.

The definition of “crime of violence” used for these provisions relies on the preexisting statutory definition (section 134-1), ensuring consistency with existing violent-offense classifications.

Procedural and timeline aspects

Prospectively limits imprisonment for qualifying offenses to 364 days.

Allows a post-sentencing pathway: those sentenced for a qualifying misdemeanor prior to the Act’s effective date can apply to reconsider the sentence to reflect the 364-day maximum.

The Act clarifies sentencing ranges in Section 706-663, harmonizing misdemeanor sentencing with the 364-day cap, while allowing up to one year for crimes of violence (as defined by §134-1).

Effective date: upon the Governor’s approval (June 24, 2026).

Practical impact and considerations

Potential reduction in prison time for a broad class of nonviolent offenses, aligning Hawaii with a more modest, non-violent population-focused sentencing framework.

Increased emphasis on reconsideration and potential sentence adjustments for individuals previously sentenced under higher limits.

Retains possibility of longer sentences for crimes classified as violent, preserving stricter penalties where appropriate.

Administrative implications for judges and correctional agencies in applying the 364-day cap and handling sentence reconsideration petitions.