Bill > SB792

This bill establishes new legal provisions to address criminal street gang activities in Hawaii by creating specific offenses and enhanced penalties. The legislation defines a criminal street gang as an organization of three or more people with a primary focus on committing criminal acts, having a common name or identifying symbol, and engaging in a pattern of criminal activity. The bill creates two new criminal offenses: criminal street gang participation, and criminal street gang solicitation, recruitment, or retention. Under these provisions, individuals can be charged for knowingly participating in criminal acts for a gang, coercing or recruiting others to join a gang, or making threats related to gang membership. The bill introduces graduated penalties, with participation in a criminal act as a gang member classified as a class B felony, and solicitation or recruitment classified as a class C felony. Importantly, the law also establishes an enhanced sentencing mechanism where crimes committed as part of a gang result in automatic elevation of the offense to a more serious criminal classification (for example, a misdemeanor would be treated as a class C felony). The legislation is motivated by concerns about rising gang-related criminal activities and aims to provide law enforcement with more tools to combat gang violence while maintaining constitutional protections for freedom of association.

Government Affairs, Justice

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=SB&billnumber=792&year=2026