Bill Text: HI HB2573 | 2010 | Regular Session | Amended

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Bill Title: Time Frames to Regain Fitness to Proceed

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-02-04 - (H) Passed Second Reading as amended in HD 1 and referred to the committee(s) on JUD with none voting no (0) and none excused (0). [HB2573 Detail]

Download: Hawaii-2010-HB2573-Amended.html

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STAND. COM. REP. NO.  111-10

 

Honolulu, Hawaii

                , 2010

 

RE:   H.B. No. 2573

      H.D. 1

 

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii

 

Sir:

 

     Your Committee on Health, to which was referred H.B. No. 2573 entitled:

 

"A BILL FOR AN ACT RELATING TO TIME FRAMES TO REGAIN FITNESS TO PROCEED,"

 

begs leave to report as follows:

 

     The purpose of this bill is to decrease the number of pretrial defendants hospitalized for fitness restoration by amending the law governing the time frames for fitness restoration for persons charged with non-violent petty misdemeanors and for persons charged with non-violent misdemeanors to specify a specific number of days for fitness restoration.

 

     The Department of Health supported this bill.  The City and County of Honolulu's (C&C of Honolulu) Department of the Prosecuting Attorney opposed this measure.

 

     Your Committee acknowledges the concerns provided in testimony presented by the C&C of Honolulu's Prosecuting Attorney regarding language in this bill that appears to conflict and remove the court's authority to release on conditions where the defendant is unfit to proceed before the expiration of the commitment.  The Prosecuting Attorney also expressed concern over the lack of clarity in the bill's language regarding a petty misdemeanor involving violence or attempted violence i.e. is it defined by the elements of the offense or by the actual facts in a particular case?  Therefore, your Committee respectfully requests that your Committee on the Judiciary take a closer look at these issues if they so choose to schedule this bill for a hearing.

 

     Your Committee has amended this bill by:

 

(1)  Changing the effective date to July 1, 2020, to encourage further discussion; and

 

(2)  Making technical, nonsubstantive changes for clarity, consistency, and style.

 

     As affirmed by the record of votes of the members of your Committee on Health that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2573, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2573, H.D. 1, and be referred to the Committee on Judiciary.

 

Respectfully submitted on behalf of the members of the Committee on Health,

 

 

		____________________________ RYAN I. YAMANE, Chair