THE SENATE	S.B. NO.	1006
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO GOVERNMENT TORT LIABILITY.

 

 

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

 

     SECTION 1.  The purpose of this Act is to amend section 662-5, Hawaii Revised Statutes, to afford the State of Hawaii with the same right to elect a jury trial in tort actions brought pursuant to chapter 662, Hawaii Revised Statutes, as private individuals have in tort actions.

     SECTION 2.  Section 662-5, Hawaii Revised Statutes, is amended to read as follows:

     "§662-5  Jury.  [Any] (a)  Except as provided in subsection (b), any action against the State under this chapter shall be tried by the court without a jury; provided that the court, with the consent of all the parties, may order a trial with a jury whose verdict shall have the same effect as if trial by jury had been a matter of right.

     (b)  The State may demand trial by jury in any action against it under this chapter; provided that the demand is made in the same manner as a private individual in a tort action."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________
	BY REQUEST

 

 

Report Title:

Government Tort Liability

 

Description:

Amends section 662-5, Hawaii Revised Statutes, to allow the State of Hawaii to demand a trial by jury in the same manner as a private individual in a tort action.

 

 

 

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