On Monday, March 28, Governor David Ige signed House Bill No. 1541 into law, which became Act 002 of the 2022 Hawai‘i State Legislative session. Act 002 amends Hawaiʻi Revised Statutes Section 805-1 and clarifies the procedures and statutory requirements for initiating criminal complaints, including permitting a prosecuting attorney to sign a complaint instead of requiring the signature of the victim or the arresting police officer.

In a press release Hawaiʻi County Prosecuting Attorney Kelden Waltjen said, “Act 002 addresses the inconsistent application of the Hawai‘i Supreme Court’s decision in State v. Thompson, which has resulted in the dismissal of criminal cases on technicalities across our State. Given the signing of the new law, our Office will be prioritizing assessment and refiling of dismissed cases.  We would like to extend our sincere appreciation to the Hawai‘i State Legislature and Governor Ige for their swift attention and action to this important measure which both clarifies procedural requirements and supports victims of crime. Mahalo to all of the county police departments and prosecutor’s offices, including the Honolulu Prosecutor’s Office who proposed the amendment, the Department of the Attorney General, and numerous community stakeholders for their support throughout this legislative session.”