House Majority Leader Nadine Nakamura joins producer/host Coralie Chun Matayoshi to discuss new gun carry, abortion, homeless, medical-aid-in-dying, and other legislation. The Governor has until June 26, 2023 to identify which bills if any, he intends to veto.
CRIMINAL LAW
Act 001 – specifies that a person may be tried and sentenced for certain alleged felony offenses through the complaint and preliminary hearing process, indictment by grand jury, or by written information. Specifies that multiple attempts to initiate a felony prosecution for the same offense, either through the same initial charging method or an alternative method, or in different forums, shall not be permitted, except in certain circumstances.
SB 1230 – prohibits firearms in certain locations and premises. Requires possession and disclosure of a license to carry. Prohibits leaving an unsecured firearm in a vehicle unattended. Prohibits consuming or being under the influence of alcohol, an intoxicating liquor, or a controlled substance when carrying a firearm. Prohibits carrying or possessing firearms on certain private property without express authorization. Requires annual reports from the department of the attorney general on carry licenses. Amends the requirements for, and revocation of, firearms permits and licenses. Amends the disqualification of persons from owning, possessing, or controlling a firearm. Expands the qualified immunity for health care providers who provide information on firearms applicants to include physician assistants and advanced practice registered nurses.
SB 372 – provides that a law enforcement officer has a duty to intervene if the law enforcement officer reasonably believes that another law enforcement officer is using unnecessary or excessive force on an arrestee. Requires the law enforcement officer to report the incident to the other law enforcement officer’s supervisor. Requires relevant departments to submit annual reports to the Legislature.
ABORTON
Act 002 – Allows licensed physician assistants to perform certain abortions. Repeals the requirement that abortions be performed at certain locations. Clarifies that the State shall not deny or interfere with a pregnant person’s right to choose to (1) obtain an abortion or (2) if necessary to protect the life or health of the patient terminate the pregnancy. Defines “abortion” and “nonviable fetus”. Prohibits a covered entity from disclosing information relating to reproductive health care services. Prohibits the issuance of a subpoena in connection with an out-of-state or interstate proceeding relating to reproductive health care services legally performed in the State. Prohibits agencies from providing information or expending resources in the furtherance of out-of-state or interstate investigations or proceedings relating to reproductive health care services. Prohibits the State from taking adverse action based on pregnancy outcomes or for aiding or assisting a pregnant individual with accessing reproductive health care services. Requires the Governor to deny any demand for surrender of a person charged with a crime involving reproductive health care services unless the conduct constitutes a crime in the State or is made under Article IV, section 2, of the U.S. Constitution. Enumerates laws contrary to public policy and prohibits their application. Prohibits the issuance of a summons for persons to testify in another state with regard to lawful reproductive health care services. Clarifies under various licensing statutes that the provision or assistance in receipt or provision of certain services related to the human reproductive system cannot form a basis for disciplinary action. Prohibits the enforcement of a judgment or order arising from a foreign penal civil action or other penal law with respect to reproductive health care services. Amends the definition of “medical care and services” so that a minor may…(see document for full description).
MISCELLANEOUS
HB 650 –authorizes advanced practice registered nurses to practice medical-aid-in-dying. Authorizes licensed advanced practice registered nurses and clinical nurse specialists with psychiatric or mental health training and licensed marriage and family therapists to provide counseling to a qualified patient. Reduces from twenty to five days, the mandatory waiting period between the two oral requests required for a qualified patient to obtain a prescription for medication. Waives the mandatory waiting period for terminally ill qualified patients who are not expected to survive the mandatory waiting period.
HB 950 – authorizes psychiatrists or advanced practice registered nurses, after examination of a person for assisted community treatment indication, to request assistance from the attorney general to file an assisted community treatment petition. Authorizes the family court to use online hearings for assisted community treatment petitions. Clarifies provision of notice for assisted community treatment petitions. Authorizes any interested party to request assistance from the attorney general to file a petition for an extension of assisted community treatment. Extends the time period that a family court may order continued assisted community treatment. Reduces the time period that a family court needs to determine whether assisted community treatment should continue.
HB 1366 -requires the department of human services to establish a three-year return-to-home pilot program to provide eligible homeless individuals with assistance in being reunited with family and relatives in their home state. Sunsets 1/1/2026. Appropriates funds.
HB191- requires disclosure of all existing permitted and unpermitted erosion control structures on the parcel in real estate transactions when residential real property lies adjacent to the shoreline. Effective 11/1/2023.
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Disclaimer: this material is intended for informational purposes only and does not constitute legal advice. The law varies by jurisdiction and is constantly changing. For legal advice, you should consult a lawyer that can apply the appropriate law to the facts in your case.
“What’s the Law” is sponsored by Hosoda Law & Just Well Law, representing families who lived on the Navy water line on O’ahu between May and November 2021, seeking accountability and financial recovery from landlords and the United States. To learn more visit well.law/redhill.
