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HI HB2322

HI HB2322
Relating To Dangerous Intoxication.


summary

Introduced
01/28/2026
In Committee
02/02/2026
Crossed Over
Passed
Dead

Introduced Session

2026 Regular Session

Bill Summary

Establishes the offenses of dangerous intoxication and habitual dangerous intoxication. Provides for civil protective custody and transport for emergency examination under section 334-45, HRS, in lieu of arrest for dangerous intoxication in specified circumstances, and bars prosecution when civil protective custody is used. Requires probation with mandatory treatment for habitual dangerous intoxication, with incarceration only upon probation violation. Makes conforming amendments to chapter 334, HRS.

AI Summary

This bill establishes new offenses for "dangerous intoxication," which occurs when someone is on public property under the influence of alcohol or drugs and is substantially incapacitated, creates an immediate risk of harm, or obstructs public ways after being asked to move, and "habitual dangerous intoxication," for repeat offenders of dangerous intoxication. For dangerous intoxication, instead of arrest, law enforcement officers can place individuals in "civil protective custody," meaning temporary, non-criminal detention for an emergency examination at a designated facility, and prosecution is barred if this custody is used, unless the person also committed a felony, violent crime, or DUI, has outstanding felony warrants, or poses an immediate and serious escape or harm risk that cannot be managed by medical personnel. For habitual dangerous intoxication, the bill mandates probation with mandatory substance abuse treatment, with jail time only if probation is violated. The bill also makes conforming amendments to existing laws regarding emergency examinations and assisted community treatment to include references to these new provisions.

Committee Categories

Justice

Sponsors (1)

Last Action

Referred to JHA, referral sheet 6 (on 02/02/2026)

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