Hawaii SB3142 - Dangerous Intoxication Offenses Established
Summary
Hawaii Senate Bill 3142, passed by the Senate on March 10, 2026, establishes new offenses of dangerous intoxication and habitual dangerous intoxication. The bill provides civil protective custody as an alternative to arrest for dangerous intoxication cases, bars prosecution when civil protective custody is invoked, and requires mandatory treatment through probation for habitual offenses, with incarceration reserved for probation violations. The bill makes conforming amendments to Hawaii Revised Statutes Chapter 334.
What changed
Hawaii SB3142 adds two new criminal offenses to Hawaii law: dangerous intoxication and habitual dangerous intoxication. The bill represents a significant shift toward a public health approach by creating civil protective custody as an alternative to arrest in specified circumstances, allowing transport for emergency examination under HRS 334-45 instead of prosecution. For habitual dangerous intoxication offenders, the bill mandates probation with mandatory treatment as the primary disposition, limiting incarceration to probation violation scenarios.
Affected parties include law enforcement agencies, which must determine when civil protective custody applies versus arrest; courts, which will handle probation with treatment requirements; and healthcare providers, who may receive referrals for mandatory treatment programs. The bill's distant effective date of January 2050 and implementation date of July 2036 suggest significant lead time for stakeholder preparation.
What to do next
- Monitor SB3142 through Hawaii House committee process
- Review organizational policies on intoxication response and civil custody procedures
- Prepare for potential healthcare treatment referral requirements if bill becomes law
Penalties
Incarceration only upon probation violation for habitual dangerous intoxication; standard incarceration penalties for dangerous intoxication offenses if prosecuted
Archived snapshot
Apr 9, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
ChangeBridge / Hawaii / SB3142 Passed SB3142 Senate Bill Passed 2026-03-10
Relating To Dangerous Intoxication.
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. Effective 1/30/2050. Implementation effective 7/1/2036. (SD2)
Bill Details
State Hawaii
Session 2026 Regular Session
Chamber Senate
Official Source www.capitol.hawaii.gov/session/measure_ind...
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Sponsors
Ronald Kouchi (Sen - D)
Action History
2026-04-08 H The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 8 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Hashem, Kahaloa, Takayama, Garcia, Shimizu; Ayes with reservations: none; Noes: none; and 2 Excused: Representative(s) Sayama, Cochran. 2026-04-06 H Bill scheduled for decision making on Wednesday, 04-08-26 2:00PM in conference room 325 VIA VIDEOCONFERENCE. 2026-03-18 H The committee(s) on JHA recommend(s) that the measure be deferred. 2026-03-16 H Bill scheduled to be heard by JHA on Wednesday, 03-18-26 2:00PM in House conference room 325 VIA VIDEOCONFERENCE. 2026-03-12 H Referred to JHA, referral sheet 17 2026-03-12 H Pass First Reading 2026-03-10 H Received from Senate (Sen. Com. No. 369) in amended form (SD 2). 2026-03-10 S Report adopted; Passed Third Reading, as amended (SD 2). Ayes, 25; Aye(s) with reservations: none . Noes, 0 (none). Excused, 0 (none). Transmitted to House. 2026-03-06 S 48 Hrs. Notice 03-10-26. 2026-03-06 S Reported from JDC (Stand. Com. Rep. No. 3090) with recommendation of passage on Third Reading, as amended (SD 2). 2026-03-05 S The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 5 Aye(s): Senator(s) Rhoads, Gabbard, Chang, San Buenaventura, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none. 2026-02-25 S The committee(s) on JDC will hold a public decision making on 03-05-26 10:01AM; Conference Room 016 & Videoconference. 2026-02-18 S Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC. 2026-02-18 S Reported from HHS (Stand. Com. Rep. No. 2355) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JDC. 2026-02-13 S The committee(s) on HHS recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in HHS were as follows: 5 Aye(s): Senator(s) San Buenaventura, McKelvey, Kanuha, Keohokalole, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none. 2026-02-11 S The committee(s) on HHS deferred the measure until 02-13-26 1:05PM; Conference Room 225 & Videoconference. 2026-02-06 S The committee(s) on HHS has scheduled a public hearing on 02-11-26 1:00PM; Conference Room 225 & Videoconference. 2026-02-02 S Referred to HHS, JDC. 2026-01-28 S Passed First Reading. 2026-01-28 S Introduced. 2026-01-26 S Pending Introduction.
Votes
2026-02-13 Senate Health and Human Services: Passed, With Amendments Yea: 5 Nay: 0 2026-03-05 Senate Judiciary: Passed, With Amendments Yea: 5 Nay: 0
Committee Referrals
2026-02-02 S Health and Human Services 2026-02-18 S Judiciary 2026-03-12 H Judiciary & Hawaiian Affairs
Bill Text Versions
2026-02-04 Introduced 2026-02-17 Amended 2026-03-07 Amended
Subjects
Penal Code Offenses against Public Order Dangerous Intoxication Habitual Dangerous Intoxication Legislative data powered by LegiScan (CC BY 4.0)
Named provisions
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