Final 2025 Legislative Update

In addition to an additional $545,000 of funding to support the Hawaiʻi State Department of Health’s Hepatitis Program via SB 1431 (Act 114), two bills of interest that were included in Governor Green’s intent-to-veto list were ultimately signed into law.

HB 126 (Act 288) adjusts Hawaiʻi’s asset forfeiture law to ensure that state and local law enforcement and county prosecutors do not permanently seize and forfeit property that has no connection to a criminal offense that has been adjudicated in the court system. The new law also requires seizing agencies to provide case-by-case data to the legislature and the public, and to return seized property if no charges are filed. Importantly, the bill also prevents state and local agencies from eluding reforms by prohibiting referrals to the federal Department of Justice’s Equitable Sharing Program.

“Mahalo to House Judiciary Chair David Tarnas and Senate Judiciary Chair Karl Rhoads for leading this year’s efforts to pass meaningful reform legislation. Governor Josh Green also deserves great credit for readjusting his veto position on the bill. It’s unfortunate that there was persistent pushback from government attorneys regarding the need for increased transparency and accountability to ensure that people do not have their property forfeited without charges being filed. It’s welcome news that Hawaiʻi has joined the over three dozen states that have reformed their asset forfeiture statutes to protect the rights of individuals against government overreach,” said HHHRC Policy & Advancement Manager Nikos Leverenz, who also serves as Board President of Drug Policy Forum of Hawaiʻi. Leverenz also worked on legislation to reform California’s asset forfeiture law.

SB 104 (Act 292), which places limits on the use of solitary confinement in Hawaiʻi’s correctional facilities, including those on the continent, was also signed into law. It provides for a working group to “develop and recommend more comprehensive laws, policies, and procedures regarding restrictive housing for members of vulnerable populations.” The Hawaiʻi Correctional Oversight Commission will review restrictive housing policy on an annual basis. Community advocates have already noted that the new law may require additional clarification in the next legislative session.