{"data":{"id":"us-hi/haw.-rev.-stat.-853-4","jurisdiction":"us-hi","citation":"Haw. Rev. Stat. § 853-4","heading":"Chapter not applicable; when.","body":"(a) This chapter shall not apply when:\n\n(1) The offense charged involves the intentional, knowing, reckless, or negligent killing of another person;\n\n(2) [Repeal and reenactment on June 30, 2026. L 2020, c 19, §15.] The offense charged is:\n\n(A) A felony that involves the intentional, knowing, or reckless bodily injury, substantial bodily injury, or serious bodily injury of another person; or\n\n(B) A misdemeanor or petty misdemeanor that carries a mandatory minimum sentence and that involves the intentional, knowing, or reckless bodily injury, substantial bodily injury, or serious bodily injury of another person;\n\nprovided that the prohibition in this paragraph shall not apply to offenses described in section 709-906(18);\n\n(3) The offense charged involves a conspiracy or solicitation to intentionally, knowingly, or recklessly kill another person or to cause serious bodily injury to another person;\n\n(4) The offense charged is a class A felony;\n\n(5) The offense charged is nonprobationable;\n\n(6) The defendant has been convicted of any offense defined as a felony by the Hawaii Penal Code or has been convicted for any conduct that if perpetrated in this State would be punishable as a felony;\n\n(7) The defendant is found to be a law violator or delinquent child for the commission of any offense defined as a felony by the Hawaii Penal Code or for any conduct that if perpetrated in this State would constitute a felony;\n\n(8) The defendant has a prior conviction for a felony committed in any state, federal, or foreign jurisdiction;\n\n(9) A firearm was used in the commission of the offense charged;\n\n(10) The defendant is charged with the distribution of a dangerous, harmful, or detrimental drug to a minor;\n\n(11) The defendant has been charged with a felony offense and has been previously granted deferred acceptance of guilty plea or no contest plea for a prior offense, regardless of whether the period of deferral has already expired;\n\n(12) The defendant has been charged with a misdemeanor offense and has been previously granted deferred acceptance of guilty plea or no contest plea for a prior felony, misdemeanor, or petty misdemeanor for which the period of deferral has not yet expired;\n\n(13) [Repeal and reenactment on June 30, 2026. L 2020, c 19, §15.] The offense charged is:\n\n(A) Escape in the first degree;\n\n(B) Escape in the second degree;\n\n(C) Promoting prison contraband in the first degree;\n\n(D) Promoting prison contraband in the second degree;\n\n(E) Bail jumping in the first degree;\n\n(F) Bail jumping in the second degree;\n\n(G) Bribery;\n\n(H) Bribery of or by a witness;\n\n(I) Intimidating a witness;\n\n(J) Bribery of or by a juror;\n\n(K) Intimidating a juror;\n\n(L) Jury tampering;\n\n(M) Promoting prostitution;\n\n(N) Abuse of family or household member except as provided in paragraph (2) and section 709-906(18);\n\n(O) Sexual assault in the second degree;\n\n(P) Sexual assault in the third degree;\n\n(Q) A violation of an order issued pursuant to chapter 586;\n\n(R) Promoting child abuse in the second degree;\n\n(S) Promoting child abuse in the third degree;\n\n(T) Electronic enticement of a child in the first degree;\n\n(U) Electronic enticement of a child in the second degree;\n\n(V) Commercial sexual exploitation pursuant to section 712-1200.5;\n\n(W) Street prostitution and commercial sexual exploitation under section 712-1207(1)(b) or (2)(b);\n\n(X) Commercial sexual exploitation near schools or public parks under section 712-1209;\n\n(Y) Commercial sexual exploitation of a minor under section 712-1209.1;\n\n(Z) Habitual commercial sexual exploitation under section 712-1209.5;\n\n(AA) Violation of privacy in the first degree under section 711-1110.9;\n\n(BB) Violation of privacy in the second degree under section 711-1111(1)(d), (e), (f), (g), or (h);\n\n(CC) Habitually operating a vehicle under the influence of an intoxicant under section 291E-61.5(a);\n\n(DD) Promoting gambling in the first degree; or\n\n(EE) Promoting gambling in the second degree;\non under section 712-1209.5;\n\n(AA) Violation of privacy in the first degree under section 711-1110.9;\n\n(BB) Violation of privacy in the second degree under section 711-1111(1)(d), (e), (f), (g), or (h);\n\n(CC) Habitually operating a vehicle under the influence of an intoxicant under section 291E-61.5(a);\n\n(DD) Promoting gambling in the first degree; or\n\n(EE) Promoting gambling in the second degree;\n\n(14) The defendant has been charged with:\n\n(A) Knowingly or intentionally falsifying any report required under part XIII of chapter 11, with the intent to circumvent the law or deceive the campaign spending commission; or\n\n(B) Violating section 11-352 or 11-353; or\n\n(15) The defendant holds a commercial driver's license and has been charged with violating a traffic control law, other than a parking law, in connection with the operation of any type of motor vehicle.\n\n(b) The court may adopt by rule other criteria for purposes of this section.","path":["HI Code","Division 5","Title 38","Chapter 853"],"source_url":"http://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0853/HRS_0853-0004.htm","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:11Z","sha256":"3f94df3070ee3414edea0215034c8504ab342b34cf07ea04bc92af0c92f8ecbb","source_id":"us-hi","stale":false,"prev":"us-hi/haw.-rev.-stat.-853-3"},"notice":"GroundRules: Original legal text. Not legal advice."}