Bill > HB1461

This bill establishes new legal provisions to address criminal street gang activities in Hawaii, creating specific offenses and enhanced penalties for gang-related crimes. The bill defines a "criminal street gang" as an ongoing organization of three or more persons with primary activities involving criminal acts, and introduces new criminal offenses including criminal street gang participation, solicitation, recruitment, and retention. Individuals can be charged for knowingly participating in criminal acts for the benefit of a gang, coercing or recruiting others to join a gang, or making threatening communications related to gang membership. The bill provides graduated penalties based on the type of gang-related activity, with participation in a criminal act as a gang member being a class B felony and solicitation or recruitment being a class C felony. Additionally, the bill includes an innovative sentencing enhancement mechanism that elevates the severity of an existing criminal charge if it is committed as part of gang activity, effectively increasing potential punishments across different classes of offenses. The legislation aims to give law enforcement and prosecutors more tools to address gang-related crime while maintaining constitutional protections for freedom of expression and association. The bill is set to take effect on July 1, 2025, and was motivated by concerns about rising crime rates and gang activities in Hawaii.

Justice

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=HB&billnumber=1461&year=2026