Bill Text: HI HB1602 | 2024 | Regular Session | Introduced
Bill Title: Relating To Criminal Justice Reform.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Engrossed) 2024-03-07 - Referred to JDC. [HB1602 Detail]
Download: Hawaii-2024-HB1602-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1602 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to criminal justice reform.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that persons accused of committing a crime are required to make an initial appearance in court, and that the failure to appear in court results in the issuance of an arrest warrant. The legislature notes that arrests consume a significant portion of limited police resources, increase the number of persons held in custody before trial, and contribute to overcrowding in correctional facilities. The legislature further finds that many factors may cause a person to fail to appear in court, not necessarily malicious intent. Accordingly, the purpose of this Act is to provide for a forty-eight hour grace period after a missed initial court appearance.
SECTION 2. Chapter 805, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§805-
Initial court appearance;
failure to appear; grace period. A person who fails to appear in court for
the initial appearance in a case may be granted a grace period of forty-eight
hours before the court may issue an arrest warrant for the person's appearance;
provided that if the forty‑eight‑hour grace period is scheduled to
expire on a Saturday, Sunday, or state holiday, the expiration shall be
extended to the same time on the next business day; provided further that during
the grace period, the person may voluntarily appear in court without the need
to provide advance notice to the court."
SECTION 3. Chapter 806, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§806-
Initial court appearance;
failure to appear; grace period. A person who fails to appear in court for
the initial appearance in a case may be granted a grace period of forty-eight
hours before the court may issue an arrest warrant for the person's appearance;
provided that if the forty‑eight‑hour grace period is scheduled to
expire on a Saturday, Sunday, or state holiday, the expiration shall be
extended to the same time on the next business day; provided further that
during the grace period, the person may voluntarily appear in court without the
need to provide advance notice to the court."
SECTION 4. Section 805-5, Hawaii Revised Statutes, is amended to read as follows:
"§805-5
Warrant after summons issued.
The district judge [may], for any cause [which] that
appears to the district judge to be sufficient, [at any time] after the
issue of the summons, and by virtue of the complaint therein contained and
recited, may issue the district judge's warrant for the immediate
arrest, upon the charge, of the person so summoned[.]; provided that
if the court granted a grace period pursuant to section 805- or 806-
, the warrant shall not be issued until forty-eight hours after the person's
failure to appear in response to the summons."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Courts; Court Appearance; Failure to Appear; Grace Period
Description:
Authorizes a 48-hour grace period after a missed initial court appearance.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
