Bill > SB2279

This bill, known as the "Hawaii Fair Bail Act," aims to reform the state's bail forfeiture rules to be more equitable for bail providers, who include bail agents, sureties, and insurers that finance bail for defendants. The key provisions establish that bail forfeiture should only occur if bail providers have not performed or are not continuing to perform their duties with reasonable diligence, and the bill clarifies what constitutes these duties and the factors courts must consider when determining negligence. It mandates that courts must hold a hearing before ordering a forfeiture, rather than simply entering a default judgment, and extends the deadline for filing motions to set aside forfeitures, while also giving courts discretion to adjust procedural deadlines. Furthermore, the bill clarifies that bail providers are not legally linked to defendants in a way that would prevent them from filing motions if a defendant's own motion on the same issue was denied.

Government Affairs

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=SB&billnumber=2279&year=2026