Honolulu Prosecuting Attorney Steve Alm joins producer/host Coralie Chun Matayoshi to discuss recreational marijuana bills, Sara Yara’s law that increases penalties for repeat offenders driving without a license, increased penalties for habitual offenders who commit repeated violent criminal offenses, bills to combat bribery, public corruption, and fraud, crimes against the elderly, crimes involving computers and drones, and increased responsibility of property owners for gambling on their property,
Q. The law enforcement community, including your office, opposed three bills to legalize or decriminalize recreational marijuana. Did any of them pass?
- SB 3335 would have legalized recreational marijuana for personal consumption by adults. It would have allowed purchase of up to one ounce (about 60 joints) of cannabis flower and five grams (about 10 joints) of adult-use cannabis products. A person could also keep ten ounces (about 600 joints) for personal cultivation at home. The 300+ page bill established a taxing and regulatory authority for the cultivation and commercial sale of marijuana. It would cost nearly $40 million to establish. After passing in the Senate, the bill was DEFERRED in the House Finance Committee.
- HB 1596 would have decriminalized marijuana possession up to one ounce (about 60 joints) and decreased the fine to $25. Right now, the law sets the criminal possession threshold at three grams (about 6 joints), with a maximum fine of $130 for possession under this limit. The House Finance Committee DEFERRED this bill.
- SB 2847 briefly revived the same decriminalization provisions before FAILING Final Reading on the Senate floor.
Q. After the hit and run incident that killed Sara Yara as she was walking to school, lots of people, especially Sara’s mother, wanted action taken to prevent more traffic deaths. Did any of the bills pass?
- Driving without a license (HB 2526). The driver that killed Sara Yara had 164 traffic citations and had been stopped 12 times over 5 years for driving without a license. The current law has no escalation in penalties for repeat offenders. HB 2526, named after Sara Yara, grades a third or subsequent offense of unauthorized driving as Class C felony. It also authorizes forfeiture of the vehicle used to commit the felony. The current law sets the maximum penalty at a misdemeanor, regardless of prior convictions for the same offense. Support for this measure came from Chevylyn Saniatan, whose daughter, Sara Yara, was killed by a motorist last year. The Legislature PASSED this bill which takes effect 7/1/2024.
- Traffic cameras for speeding (HB2071). Allows the red-light traffic cameras currently being used at 10 intersections on Oahu to be used to catch speeding. It provides that any photo red light imaging detector system's clear and unobstructed recorded image of a motor vehicle license plate shall be prima facie evidence that the motor vehicle to which the license plate is attached is the motor vehicle for which the license plate was issued. Requires the State, the county, or the State's or county's third-party contractor to implement a process to record the date on which the summons or citation was submitted to the post office, which shall be prima facie evidence of the date the summons or citation was submitted to the post office. The Legislature PASSED this bill which takes effect 7/1/2024.
- Driving without insurance (SB2342). Increases the penalties for violations of repeated driving without motor vehicle insurance and, beginning 1/1/2026, increases required motor vehicle insurance minimums. Clarifies the required coverage for shared cars that are made available through a peer-to-peer car-sharing program during the car-sharing period. Requires the Insurance Commissioner to solicit rate filings from motor vehicle insurers.
- Driving under the influence (SB 2384). Hawaii has a higher-than-average percentage of traffic deaths due to drunk drivers – about 40% instead of 33% nationwide. This bill would have lowered the blood alcohol concentration for Driving While under the Influence of Alcohol from 0.08 to 0.05. The Legislature FAILED to pass this bill.
Q. Your office supported a bill to increase the penalty for habitual offenders who commit repeated violent criminal offenses. Did it pass?
SB 2347 creates the offense of habitual violent crime. A person commits this offense if the person is a habitual violent crime perpetrator and then commits any of four violent misdemeanors. The bill defines a habitual violent crime perpetrator as a person with prior convictions for three or more defined violent offenses, including felonies and misdemeanors, within the past five years. Habitual violent crime is graded as a Class C felony. A similar law already exists for habitual property crime offenders. The Legislature PASSED this bill.
Q. Your office also supported bills to combat bribery, public corruption, and fraud. Did any of these bills pass?
We advocated for HB 1867 (along with companion bill SB 2192), which would have increased the penalties for bribery. Under state law, bribery involves a payment intended to influence the vote, opinion, judgment, exercise of discretion, or other official action by a public servant. Both the offer and the acceptance are illegal. Bribery is currently a Class B felony with the option for probation and a maximum penalty of ten years. Our bill addressed three aggravating cases: (1) the public servant was an elected or appointed official; (2) the value or aggregate value of the payment exceeded $20,000; or (3) the person committed three or more acts of bribery in any three-year period. In these cases, our bill would have increased the penalty to a Class A felony with no probation and a maximum of twenty years. The bill also would have eliminated deferred acceptance of guilty or no contest pleas in these cases. Convictions for bribery would stick. This bill was DEFERRED by the Judiciary and Hawaiian Affairs Committee in the House, as well as the Judiciary Committee in the Senate. We also supported HB 1871 (along with companion bill SB 2196), which would have removed probation or suspended sentencing for certain crimes of dishonesty. Specifically, the bill would require prison sentences for the crimes of (1) fraud; (2) making a false, fictitious, or fraudulent claim; and (3) use of false statements or entries. This bill was DEFERRED by the Judiciary and Hawaiian Affairs Committee in the House, as well as the Judiciary Committee in the Senate.
Q. Your office supported a bill to make it easier to convict people who prey on the elderly. What happened to this bill?
We supported HB 1870, which would have established strict liability regarding the victim’s age for certain crimes against the elderly. Right now, an assault on elderly person can be prosecuted as a felony rather than a misdemeanor. But the prosecution must still prove that the defendant knew or reasonably should have known that the victim was sixty years of age or over. When a defendant assaults an elderly stranger, the prosecution may not have enough evidence to prove awareness of the victim’s age beyond reasonable doubt. Our bill would have eliminated the requirement to prove knowledge of the victim’s age. The bill was DEFERRED by the Health and Human Services Committee in the House.
Q. Your office supported a bill with added charges for crimes committed using a computer. Did this bill pass?
We supported SB 2193, which adds violation of privacy in the first and second degrees as predicate offenses for charging the use of a computer in the commission of a separate crime. Violation of privacy cases often involve unauthorized recording or distribution of the victim’s image in private settings like a bathroom or bedroom. Computers and smartphones make it easier to record, store, and distribute these images. Using a computer to commit certain offenses can be charged as a separate crime. Current predicate offenses include sexual assault, distribution of child pornography, and harassment by stalking. The criminal-computer-use charge is one grade above the predicate offense. Right now, for example, it is a Class C felony to secretly record someone using the toilet or having sex. Under this bill, using a computer or smartphone to commit this crime could be charged as an additional Class B felony. This bill recognizes the increased scope of harm that new technologies pose for violation-of-privacy victims. The Legislature PASSED this bill. It contains a sunset provision for July 1, 2027.
Q. Gambling is a big problem in Hawaii. Your office supported a bill to place more responsibility on property owners to prevent such activity. Did the bill pass?
We supported SB 2197, which closes a loophole in the definition of “advances gambling activity.” Right now, property owners can evade prosecution by making token efforts to stop illegal gambling occurring on their properties. It places more responsibility on property owners to monitor and prevent these activities. And if they do not, this bill better equips prosecutors to take appropriate legal action against them. Illegal gambling establishments throughout the state have become notorious for attracting and fostering violence, illicit drugs, sex trafficking, and other dangerous activity. We have strengthened partnerships with relevant units within the Honolulu Police Department, Department of Homeland Security, U.S. Attorney’s Office, and other agencies. Through these efforts, we continue to build cases against those profiting at all levels from these establishments. The Legislature PASSED this bill. It contains a sunset provision for July 1, 2029.
Q. Drones can be used for all kinds of malicious purposes. Were there any bills to help curb bad activity using drones?
We supported HB 1869, which establishes felony offense for misuse of uncrewed aircraft in the first, second, and third degrees. The bill addressed various criminal uses of drones (e.g., transporting weapons or interfering with emergency operations). It also prohibits tampering with certain safety features on drones, such as anti-collision lighting. The Legislature PASSED this bill.
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Disclaimer: this material is intended for informational purposes only and does not constitute legal advice. The law varies by jurisdiction and is constantly changing. For legal advice, you should consult a lawyer that can apply the appropriate law to the facts in your case.