THE SENATE
S.B. NO.
2731
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO SENTENCING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 706, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"[Underlined: §706- ] [Underlined: Limitation on term of imprisonment for offenses punishable by up to or not exceeding one year; sentence modification.] [Underlined: (1) Notwithstanding any other law to the contrary, any offense punishable under state law by a term of imprisonment up to or not exceeding one year shall be punishable by a term of imprisonment not to exceed three hundred sixty-four days.]
[Underlined: (2) A person who was sentenced to a term of imprisonment of one year before the effective date of this Act may submit an application to the trial court that entered the judgment of conviction to modify the sentence to a term not to exceed the maximum term specified in subsection (1).]"
SECTION 2. Section 706-663, Hawaii Revised Statutes, is amended to read as follows:
"§706-663 Sentence of imprisonment for misdemeanor and petty misdemeanor. After consideration of the factors set forth in sections 706-606 and 706-621, the court may sentence a person who has been convicted of a misdemeanor or a petty misdemeanor to imprisonment for a definite term to be fixed by the court and not to exceed [[Struck through: one year]] [Underlined: three hundred sixty-four days] in the case of a misdemeanor or thirty days in the case of a petty misdemeanor."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
INTRODUCED BY:
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Report Title:
Penal Code; Misdemeanors; Sentencing
Description:
Limits the maximum term of imprisonment for misdemeanors, or for offenses punishable by up to or not exceeding one year, to three hundred sixty-four days. Allows individuals previously sentenced to a one-year term of imprisonment to apply to the court for a sentence modification to conform to the new limit.
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