HOUSE OF REPRESENTATIVES	H.B. NO.	984
TWENTY-NINTH LEGISLATURE, 2017
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to criminal proceedings.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Section 805-7, Hawaii Revised Statutes, is amended to read as follows:

     "§805-7  [Commitment;] Preliminary hearing; commitment; form of mittimus.  (a)  In all cases of arrest for offenses that [must]:

     (1)  Must be tried in the first instance before a jury[, or that can];

     (2)  Can be tried only on indictment by a grand jury[,]; or

     (3)  Constitute a felony committed by a law enforcement officer;

the judge in whose jurisdiction or on whose warrant the accused was arrested, upon the appearance of the accused, shall [proceed to consider] conduct a preliminary hearing to determine whether there is probable cause to believe that the accused is guilty of the offense with which the accused is charged[.]; provided that no case described in paragraph (3) shall be presented to a grand jury or charged by written information.  The [judge shall reduce to writing the substance] court shall keep a record of the evidence adduced, with the names of the witnesses.

     (b)  If in the judge's opinion the [testimony] evidence does not warrant commitment for trial, the judge shall release the [prisoner,] accused, noting that fact upon the [judge's] court's docket.  But if in the judge's opinion there is probable cause to believe that the accused is guilty of the offense with which the accused is charged, the judge shall make out and deliver to a police officer a mittimus which may be in the form established by the usage and practice of the issuing court.

     (c)  For purposes of this section, "law enforcement officer" shall have the same meaning as in section 710-1000."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 2017.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Grand Jury; Proceedings; Prosecution; Law Enforcement Officers

 

Description:

Requires a preliminary hearing for a case in which a law enforcement officer is charged with a felony offense.

 

 

 

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