Two criminal justice reform measures failed to advance in the Hawaii Legislature this session after disagreements between committee chairs over penalty structures, leaving prosecutors and police departments without tools they sought for firearm enforcement and compassionate release.
Approximately 268 bills passed both chambers during the legislative session, but friction between Rep. David Tarnas, chair of the House Judiciary and Hawaiian Affairs Committee, and Sen. Lynn DeCoite resulted in the collapse of several measures that had broad institutional support.
Firearm Possession Bill Collapses
Senate Bill 2575 would have elevated penalties for firearm or ammunition possession by individuals under court-issued protective orders. The House version classified the offense as a Class C felony, upgrading it from misdemeanor status. The Maui Police Department and county prosecutor backed the measure.
During conference negotiations, Senate conferees pushed to reclassify the violation as a Class A felony with a mandatory minimum sentence of 10 years. Tarnas declined to accept the amendment, citing his longstanding opposition to mandatory minimum sentencing.
“I don’t believe that they are effective,” Tarnas said in remarks reported by Civil Beat. “I think I want to maintain the ability of judges to decide what is the best sentence in the case.”
Tarnas noted that law enforcement officials had framed the legislation as tribute to a fallen officer, but he maintained the bill would have had no impact on that specific incident.
Compassionate Release Measure Dies
House Bill 1628, which would have eased compassionate release standards for incarcerated individuals with serious illness or debilitation, also failed to advance. DeCoite, serving as Ways and Means Committee conference designee, did not attend scheduled negotiation sessions despite the Senate having voted to approve its version of the bill weeks earlier.
“It’s very interesting that she waited to be in a position where she could unilaterally kill the bill by refusing to show up,” Rep. Kim Coco Iwamoto, a conferee on the measure, told Civil Beat. “That’s the way it looks to the public.”
Bail Reform Bill Recommitted
A third measure, House Bill 1516, would have established factors for determining a defendant’s financial capacity to post bail. House and Senate conferees reached agreement on a conference draft and passed it during the conference period.
In an unusual procedural move, the Senate voted May 1 to recommit the bill, effectively terminating it as the session deadline approached. DeCoite was among 13 senators voting to recommit.
No Communication Between Chairs
Tarnas said DeCoite did not contact him to discuss the bills or negotiate differences between the chambers.
“Sen. DeCoite never talked to me,” Tarnas said. “She never called me, she never talked to me about anything.”
DeCoite did not respond to requests for comment from Civil Beat.
Structural Questions
The episode highlights the authority individual committee chairs wield during the conference period, when measures can be terminated without public explanation. Legislative rules allow single lawmakers to block bills through procedural maneuvers or non-participation in negotiations.
Capitol observers noted that such outcomes, while not uncommon during the final days of a session, underscore concerns about transparency and accountability in the legislative process.