Bill Text: HI HB125 | 2023 | Regular Session | Introduced
Bill Title: Relating To Criminal Procedure.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-02-28 - The committee(s) on JHA recommend(s) that the measure be deferred. [HB125 Detail]
Download: Hawaii-2023-HB125-Introduced.html
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
125 |
|
THIRTY-SECOND LEGISLATURE, 2023 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO CRIMINAL PROCEDURE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"§801- Presence
of the defendant. (a) A defendant shall be present either
physically or by video conference at the arraignment, at the time of entering a
plea, at pretrial evidentiary hearings, at every stage of the trial including
the impaneling of the jury and the return of the verdict, and at the imposition
of sentence; provided that the defendant need not be present and shall be
considered to have waived the right to be present if:
(1) The defendant is a corporation and appears
by counsel;
(2) The proceeding is a conference or
argument involving a question of law;
(3) The proceeding involves a potential reduction
of sentence;
(4) The defendant consents in writing to
the proceeding being conducted in the defendant's absence;
(5) The defendant's counsel orally
represents that the defendant consents to the proceeding being conducted in the
defendant's absence; or
(6) The defendant is voluntarily absent from
two consecutive court appearances and:
(A) The defendant's counsel notified the defendant of the purpose of
the proceeding; and
(B) If the proceeding is an arraignment, the
defendant was provided a copy of the charging document.
(b) The further progress of a pretrial
evidentiary hearing or of the trial, to and including the return of the verdict,
shall not be prevented and the defendant shall be considered to have waived the
right to be present if a defendant who was initially present:
(1) Is voluntarily absent after the hearing or
trial has commenced, whether or not the defendant has been informed by the
court of the obligation to remain during the trial; or
(2) Engages in conduct that justifies the
defendant's exclusion from the courtroom.
(c) The court may conduct by video conference:
(1) Without the consent of the defendant, an
arraignment in which the court accepts a plea of not guilty;
(2) With the oral or written consent of the
defendant:
(A) An arraignment in which the court
accepts, or takes under advisement, a plea of guilty or no contest;
(B) A pretrial evidentiary or
non-evidentiary proceeding; or
(C) A post-conviction evidentiary or
non-evidentiary proceeding, other than a sentencing hearing; or
(3) With the oral or written consent of
both the prosecution and the defendant, a sentencing hearing in which a sentence
is imposed."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
|
INTRODUCED
BY: |
_____________________________ |
|
|
By
Request |
Report Title:
Honolulu Prosecuting Attorney Package; Criminal Procedure; Defendant's Presence
Description:
Adds a
new section to Chapter 801, Hawaii Revised Statutes, establishing circumstances
in which the presence of a defendant is required for court proceedings or may
be waived.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
